pragir
06-09 01:08 PM
His PD is sep 2003 which became current in April.. so it took him just over 2 months to get final approval.
Congratulations. How long did it take since your PD became current till you got the card production ordered email?.
Congratulations. How long did it take since your PD became current till you got the card production ordered email?.
nayekal
02-20 06:17 PM
Hi
To best of my knowledge
A1. H1
A2. no time limit.
A3. Yes she needs H1 Stamping.
A4. You can reapply H4 for her
If I am wrong please correct me.
I disagree with A3.
She doesn't haven't have a job, so no pay stubs and also no W2 form for 2008. It will be very difficult for her to get H1 stamping.
She can try for H4 stamping, but again it is also difficult as she is already on H1 and is out of status.But, may be it is not as difficult as H1 stamping.
IMHO, applying for I-539 from within US for H1 to H4, would be a better idea. This is what I did for my wife and she got approval within 2 months.My wife tried a lot for projects (she had 3 years exp) and she couldn't get one interview call in 5 months. I didn't submit her pay stubs, since has none. It is painful to go back to H4, but in this market, I think that is the best option.
To best of my knowledge
A1. H1
A2. no time limit.
A3. Yes she needs H1 Stamping.
A4. You can reapply H4 for her
If I am wrong please correct me.
I disagree with A3.
She doesn't haven't have a job, so no pay stubs and also no W2 form for 2008. It will be very difficult for her to get H1 stamping.
She can try for H4 stamping, but again it is also difficult as she is already on H1 and is out of status.But, may be it is not as difficult as H1 stamping.
IMHO, applying for I-539 from within US for H1 to H4, would be a better idea. This is what I did for my wife and she got approval within 2 months.My wife tried a lot for projects (she had 3 years exp) and she couldn't get one interview call in 5 months. I didn't submit her pay stubs, since has none. It is painful to go back to H4, but in this market, I think that is the best option.
qualified_trash
06-09 10:34 AM
I agree that capitalism is the first american value..... and IMHO it is the only one that works........ Look at France and the old European countries vs the new EU countries that were part of the Warsaw pact who adopted complete capitalism instead of the hybrid capitalism/socialism........
The only exception to the above rule would be China......... and we need to see where it goes over the next 50 years.
I can bet that if USCIS came up with a plan where they would adjudicate labor, I140 and 485 in one month guaranteed for a premium fee of say 50k, most employers would come up with a way to pay the same and recoup part of it from the employee. Those on an H1 working for consulting companies where they pretty much work for a percentage of the billing would take a loan, max their cards out and do it.
I know I would............... As President Calvin Coolidge said in 1925, "The business of America, is business."
The only exception to the above rule would be China......... and we need to see where it goes over the next 50 years.
I can bet that if USCIS came up with a plan where they would adjudicate labor, I140 and 485 in one month guaranteed for a premium fee of say 50k, most employers would come up with a way to pay the same and recoup part of it from the employee. Those on an H1 working for consulting companies where they pretty much work for a percentage of the billing would take a loan, max their cards out and do it.
I know I would............... As President Calvin Coolidge said in 1925, "The business of America, is business."
nfinity
07-17 11:08 AM
I have jumped on this a couple times.
more...
dextro_a
02-05 02:29 PM
There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
I just thought its better reply then just assuming that university will do H1B for you.
I just thought its better reply then just assuming that university will do H1B for you.
bzuccaro
11-08 05:23 PM
SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
more...
like_watching_paint_dry
01-13 08:33 PM
Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.
1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??
Your help is really appreicated to come out of the situation
You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.
1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??
Your help is really appreicated to come out of the situation
You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.
himu73
07-07 10:12 PM
Vinay has just began living life. He has begun his career as a doctor in Boston and was recently married to Rashmi. But his dreams for the future have been out on hold. Vinay, 28 years old, is diagnosed with AMI (Acute Myeloid Leukemia).
Please visit www.helpvinay.org for information how you can help if found a match for bone marrow.
Registration is very simple and we have lot of drives going on right now.
Please visit this site since he needs to a match with a south asian and has very less time on hand.
I know this post is out of context but please dont remove till July 09 which the deadline to get him the match.
Please visit www.helpvinay.org for information how you can help if found a match for bone marrow.
Registration is very simple and we have lot of drives going on right now.
Please visit this site since he needs to a match with a south asian and has very less time on hand.
I know this post is out of context but please dont remove till July 09 which the deadline to get him the match.
more...
skagitswimmer
May 21st, 2007, 01:15 PM
Another option - which I would try after the air bulb but before I try any cleaning solution is a soft brush designed for the purpose. Some people swear by art brushes but I sprang for one of the electronic "spinner brushes" sold by Arctic Butterfly which makes a variety of sensor cleaning products all of which are expensive.
loveiv
05-25 10:23 PM
Most of I-485 applications are currently stuck with the State Department's Visa Bulletin retrogression which are many years behind. However, aside delays which are attributed to the visa number retrogressions, the cases which were filed during the July 2007 Visa Bulletin fiasco period are expected to take nearly three years from the end of the USCIS itsself processing and adjudications in terms of the workloads, according to the CRS report. July 2007 VB fiasco filers, go figure!
According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.
Source: www.immigration-law.com
Three years clock ticks from the day filed, one year is down, two to go.
According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.
Source: www.immigration-law.com
Three years clock ticks from the day filed, one year is down, two to go.
more...
kaisersose
07-11 06:16 PM
I am seriouly looking out for a job as currently on bench from last one month and my employer doesn't pay the bench salary. Currently I am on EAD with my GC sponsering employer. I would appreciate if any of you pls. reply this post. My question is,
If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?
Pls. help, your reply will be highly appreciable?
The Yates memorandum is very clear on this. It is not necessary for CIS to issue an Ability to pay RFE for the new employer. However, if they suspect fraud or some other problem, then they can always investigate. Having only 32 employees is obviously not a reason to start an investigation.
Short answer - No potential problems.
If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?
Pls. help, your reply will be highly appreciable?
The Yates memorandum is very clear on this. It is not necessary for CIS to issue an Ability to pay RFE for the new employer. However, if they suspect fraud or some other problem, then they can always investigate. Having only 32 employees is obviously not a reason to start an investigation.
Short answer - No potential problems.
add78
06-08 08:21 AM
$100
Transaction ID: 8VJ563474N368532E
Transaction ID: 8VJ563474N368532E
more...
kumarc123
11-14 08:56 PM
Hello all IV members,
I was wondering, the 7% green card allotment for each country, can than be considered as racial discrimination? I mean a law suit against USCIS for discriminating against skilled workers.
A question for all you, what do you think is going to happen? will EB2 move fast in next few months, I don't understand how can U.S govt play will all our lives? We all have some personal decisions on hold,
Lastly i feel, we should contact some high profile politicians in India, so they can put a question or make some time of arrangement for Indians who are stuck over here, we all know unites states is interested in nuclear deal, if some type of provision is put in there to help Indians in this country
how about holding another DC rally?
We have to do some big about all this crap!
I was wondering, the 7% green card allotment for each country, can than be considered as racial discrimination? I mean a law suit against USCIS for discriminating against skilled workers.
A question for all you, what do you think is going to happen? will EB2 move fast in next few months, I don't understand how can U.S govt play will all our lives? We all have some personal decisions on hold,
Lastly i feel, we should contact some high profile politicians in India, so they can put a question or make some time of arrangement for Indians who are stuck over here, we all know unites states is interested in nuclear deal, if some type of provision is put in there to help Indians in this country
how about holding another DC rally?
We have to do some big about all this crap!
abq_gc
08-22 06:56 PM
This could be a second part of campaign for administative fixes. also, please include some strategy to fight for FIFO processing. This is also very important issue
I don't think the core is even bothered to take up on issues like this where USCIS operations is concerned..
why wait for all these bills to get passed to recapture visas and stuff like that when the ideal solution would be to make USCIS more efficient...
Let's say Hr5882 passes in 2009... and recaptures all the lost visas ..but what will happen in 2012 ?? I assume another recapture bill would have to be passed to recapture the recaptured visas... this is all a joke....
Why cant USCIS be more efficient and transparent from the beginning but I guess the core doesn't think its important enough right now.
I don't think the core is even bothered to take up on issues like this where USCIS operations is concerned..
why wait for all these bills to get passed to recapture visas and stuff like that when the ideal solution would be to make USCIS more efficient...
Let's say Hr5882 passes in 2009... and recaptures all the lost visas ..but what will happen in 2012 ?? I assume another recapture bill would have to be passed to recapture the recaptured visas... this is all a joke....
Why cant USCIS be more efficient and transparent from the beginning but I guess the core doesn't think its important enough right now.
more...
kriskris
08-22 03:18 PM
I just called the DMV, they are again blindly saying that they just accept I-94 and nothing else. When i tried explaining them about how this is being handled in other states, they told me that this is TEXAS....we go by our own rules. I don't think i have any other option other than going for Premium.
Any advises on upgrading to premium at this time.
Any advises on upgrading to premium at this time.
sunny1000
10-09 08:29 PM
I would appreciate if someone can help me with a link to how to post this question as a new post. I do not want to hijack this thread :o
goto "forums" on the top left (next to "home"). Once in the "forums" page, click on "Non-immigrant visa"->"all drivers license issues posted here" and post your query.
hope that helps.
goto "forums" on the top left (next to "home"). Once in the "forums" page, click on "Non-immigrant visa"->"all drivers license issues posted here" and post your query.
hope that helps.
more...
HV000
11-17 11:26 AM
This shows how ignorant U.S. Senate is!! Only now they will recognize the most important festival of the 3rd Largest religion in the world!!!
U.S. wasted NO time in recognizing Jewish festivals!!
U.S. wasted NO time in recognizing Jewish festivals!!
trueguy
08-08 09:22 PM
you shd have come with after 2004 before 2005 bullet too ..actually not sure if this poll is of use since there are many EB3 people who don't even visit this site...
How do I add more options in this Poll now? I didn't mean to discriminate and I was being realistic here. Sorry about that. Please someone, help me add more options to this poll.
Thanks.
How do I add more options in this Poll now? I didn't mean to discriminate and I was being realistic here. Sorry about that. Please someone, help me add more options to this poll.
Thanks.
cygent
04-16 04:18 PM
Hi Sara,
Could you please post you case details & PD?
This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that,
Could you please post you case details & PD?
This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that,
ksrk
06-15 07:17 PM
So the dates are moving ahead but what does this really imply ? With priority dates retrogessed to around 2000 and no visa numbers availble for EB3. Who is getting the GC. Is it only the Eb2 with PD around 2000 or any one else.
Does anyone has more info to better understand what these dates imply ?
While there is some debate reg. what these dates refer to, the USCIS, on this page, clearly states that these are receipt dates (RD) on your receipt notice (for I-485 or whichever document you are checking processing times for).
[The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS Service Center.]
Based on your EB-category and country of chargeability, if your PD is current AND your RD is earlier than the one indicated in this "Processing Times" page, then you should already have your GC - if you don't you MUST contact NSC.
Since both you and I belong EB-2 and our PD's are past Jan 01, 2000 (per the June visa bulletin), there is no visa number to give either of us, even if our RD for I-485 is before Aug. 17, 2007.
The (current) problem isn't USCIS's processing pace - it is lack of sufficient visa numbers.
Does anyone has more info to better understand what these dates imply ?
While there is some debate reg. what these dates refer to, the USCIS, on this page, clearly states that these are receipt dates (RD) on your receipt notice (for I-485 or whichever document you are checking processing times for).
[The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS Service Center.]
Based on your EB-category and country of chargeability, if your PD is current AND your RD is earlier than the one indicated in this "Processing Times" page, then you should already have your GC - if you don't you MUST contact NSC.
Since both you and I belong EB-2 and our PD's are past Jan 01, 2000 (per the June visa bulletin), there is no visa number to give either of us, even if our RD for I-485 is before Aug. 17, 2007.
The (current) problem isn't USCIS's processing pace - it is lack of sufficient visa numbers.
BMWX5
03-15 09:52 AM
If you don�t want to contribute, then don�t. There is no need to brag about it.
You are not doing any noble cause by not contributing.
IV volunteers have every right to ask for contribution on various forums.
Least you can do is not confront them on contribution.
OK.
You are not doing any noble cause by not contributing.
IV volunteers have every right to ask for contribution on various forums.
Least you can do is not confront them on contribution.
OK.