iwantgc
09-11 07:35 PM
I was hoping something out of IV's effort that SKILL bill be passed before end this year but it appears this organization's voices are not even heard nor included in the picture.
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GC_1000Watt
10-12 05:24 PM
No offence dude. Take it easy. Thanks for sharing your experience. I guess US embassies in India are way strict than the one's in mexico and canada.
Btw I didn't deserved the red for my last post itsmeabby. Right?
Btw I didn't deserved the red for my last post itsmeabby. Right?
newon
07-21 11:52 PM
Thank you all for your replies !!!!
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visshy
09-12 09:06 AM
My wife's ead expires 10/02/2010. We applied for renewal/extension in july and requested expedition which was rejected recently. My question is :
Can she take unpaid leave after 10/02/2010 while waiting for EAD approval? If yes, then is there any legal document that can confirm this or an online link (from uscis or any other legal documention) to confirm this that she can use to provide to her HR?
Please advice.
Thanks
Can she take unpaid leave after 10/02/2010 while waiting for EAD approval? If yes, then is there any legal document that can confirm this or an online link (from uscis or any other legal documention) to confirm this that she can use to provide to her HR?
Please advice.
Thanks
more...
chanduv23
06-25 08:00 AM
This is an answer to Ron Hira types of folks who complain H1b visas are complimenting offshore work. So the answer to Ron Hira is - B1 visa will compliment the offshoring and not h1b.
For consulting companies - As long as they can easily transport people back and forth - whatever visa - they don't care.
This is good news for fresh h1b seekers because h1b visas will be freed up for you to come here and immigrate into the US system.
There will be a challenge to Mom and Pop body shops - As they cannot offshore and rely on h1b visa holders for a living - Durbin and Grassley amendments will pose restrictions on H1b visa consulting and these small shops will face a challenge in future.
If any of you work for these shops and want a GC - get ur EAD ASAP. I am sure changes are coming - This proves that Uncle SAM is always watching.
For consulting companies - As long as they can easily transport people back and forth - whatever visa - they don't care.
This is good news for fresh h1b seekers because h1b visas will be freed up for you to come here and immigrate into the US system.
There will be a challenge to Mom and Pop body shops - As they cannot offshore and rely on h1b visa holders for a living - Durbin and Grassley amendments will pose restrictions on H1b visa consulting and these small shops will face a challenge in future.
If any of you work for these shops and want a GC - get ur EAD ASAP. I am sure changes are coming - This proves that Uncle SAM is always watching.
chanduv23
10-13 01:33 PM
It was nice to meet all the folks out in NYC yesterday. Bigining with 20 is not a bad sign on a firday night. Thanks Chandu!
Will Hicksville/Oyster bay be a good centralised location for Long Island folks?
If anyone can take initiaitve, I will help support. I will also come to the meet.
Please PM me in case someone can take initiative
Will Hicksville/Oyster bay be a good centralised location for Long Island folks?
If anyone can take initiaitve, I will help support. I will also come to the meet.
Please PM me in case someone can take initiative
more...
Totoro
05-18 07:23 AM
Probably he is talking about the conditional green card one gets after marrying a US citizen
If I understand right, you only jeopardize your chances if you divorce within 2 years. Another option is separation. And of course there is the third option, and that is to try and work it out with her husband.
If I understand right, you only jeopardize your chances if you divorce within 2 years. Another option is separation. And of course there is the third option, and that is to try and work it out with her husband.
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Sandeep
03-08 07:28 AM
Pl. find here some more stuff about DOL/BEC and PERM.
http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html
I believe this is an older version of the report I was talking about as it says "Assessment Year2004"
The question is why is DOL projecting that it is doing a great job? There are serious flaws everywhere and there are thousands who will testify to that. They do not know how much money to ask from the Congress and they do not know if they can even meet the deadlines they have set. Also look at the way the goals have changed
Page 212
"The goal to reduce processing time to six months for 90% of applications, though ambitious relative to current 32- month processing, may not be either sufficiently tailored or ambitious for the new automated review process, if program reforms go as planned, and processing rates are as high as envisioned."
"ETA Congressional Justification submitted with the President's Budget for FY 2005: (1) Reduce average processing time such that 90% of new applications are processed within six months of filing (target ambitious relative to current processing time of 32 months; target remains same in future years; contingent on implementation of reforms). (2) In 2004, reduce backlog of permanent applications by 36. 5% from 270,000, and in 2005, by 42% from 171, 450 (revised goal: elimination of backlog by end of 2006). (3) Goal for 2003 was to "assist employers in meeting their workforce needs by providing them with expeditious determinations on their applications to hire foreign workers under the [permanent, H- 1B, and H- 2B programs]". (4)Goal for 2001 and 2002 had been to "promptly review employer applications for foreign labor certification". Goals tie to program's mission and DOL's Strategic Goal 4, A Competitive Workforce. Numerical targets for processing will almost certainly need adjustment upon implementation of the new,automated system and centralized processing."
http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html
I believe this is an older version of the report I was talking about as it says "Assessment Year2004"
The question is why is DOL projecting that it is doing a great job? There are serious flaws everywhere and there are thousands who will testify to that. They do not know how much money to ask from the Congress and they do not know if they can even meet the deadlines they have set. Also look at the way the goals have changed
Page 212
"The goal to reduce processing time to six months for 90% of applications, though ambitious relative to current 32- month processing, may not be either sufficiently tailored or ambitious for the new automated review process, if program reforms go as planned, and processing rates are as high as envisioned."
"ETA Congressional Justification submitted with the President's Budget for FY 2005: (1) Reduce average processing time such that 90% of new applications are processed within six months of filing (target ambitious relative to current processing time of 32 months; target remains same in future years; contingent on implementation of reforms). (2) In 2004, reduce backlog of permanent applications by 36. 5% from 270,000, and in 2005, by 42% from 171, 450 (revised goal: elimination of backlog by end of 2006). (3) Goal for 2003 was to "assist employers in meeting their workforce needs by providing them with expeditious determinations on their applications to hire foreign workers under the [permanent, H- 1B, and H- 2B programs]". (4)Goal for 2001 and 2002 had been to "promptly review employer applications for foreign labor certification". Goals tie to program's mission and DOL's Strategic Goal 4, A Competitive Workforce. Numerical targets for processing will almost certainly need adjustment upon implementation of the new,automated system and centralized processing."
more...
giddu
06-27 12:07 PM
My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
Did anyone else encounter this?
Did anyone else encounter this?
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redcard
09-01 08:57 AM
I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.
Thanks.
Yes,, that's true. You dont need to wait for the USCIS Receipt.. the Fedex delivery receipt is enough for you start working...but it is considered safer to wait for a week before you start working.. because USCIS would have banked the check by then for the fees and that usually the check would have the receipt no on the back.. but again you dont have to wait for this..the fedex ack is enough to start work
Please reply its kind of urgent for me.
Thanks.
Yes,, that's true. You dont need to wait for the USCIS Receipt.. the Fedex delivery receipt is enough for you start working...but it is considered safer to wait for a week before you start working.. because USCIS would have banked the check by then for the fees and that usually the check would have the receipt no on the back.. but again you dont have to wait for this..the fedex ack is enough to start work
more...
mnkaushik
11-08 01:55 PM
amsaleem is right. The exp I used was the one i had prior to my filling date.
fromnaija i dont agree with what u have to say. In my case i used my exp to prove that I can do the job for which my LC was applied for.
Here is my situation.
Worked for 2 1/2 years with an Indian company. Joined the current company in Apr 2001. Applied for my LC on Jan 2004. Got my LC approved on Jan 2006. My lawyers took their own sweet time to apply I 140 and was applied in Mar 2006 and got approval on October 2006. I used my exp from Apr 2001 to Jan 2004 to prove that i can do the job. The job descriptions were very similar. Hope this helps.
fromnaija i dont agree with what u have to say. In my case i used my exp to prove that I can do the job for which my LC was applied for.
Here is my situation.
Worked for 2 1/2 years with an Indian company. Joined the current company in Apr 2001. Applied for my LC on Jan 2004. Got my LC approved on Jan 2006. My lawyers took their own sweet time to apply I 140 and was applied in Mar 2006 and got approval on October 2006. I used my exp from Apr 2001 to Jan 2004 to prove that i can do the job. The job descriptions were very similar. Hope this helps.
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posmd
03-21 05:11 PM
Would appreciate you updating this thread once you find out.
more...
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srinu
11-07 10:12 AM
That's true.
Even if many attorneys are listed at one place and there is a provision to provide feedback for each of them, I don't see any feedback.
Looks like most people want others to help them but don't want to help others.
Even if many attorneys are listed at one place and there is a provision to provide feedback for each of them, I don't see any feedback.
Looks like most people want others to help them but don't want to help others.
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raysaikat
07-10 08:50 PM
Hello,
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
more...
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theoyilma
09-10 03:03 PM
Thanks dummgelauft
My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.
What a relief !!!
Thank you so much again !!!!
Theo
My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.
What a relief !!!
Thank you so much again !!!!
Theo
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texcan
09-25 02:06 PM
How do I see or get LUD for I140 ? Mine was approved in DEC, 2006. Applied 485 in August 2nd week. Will I also get LUD?
sign up on uscis.gov, add you case number to profile, and you can see LUD (its one of the columns)
HTH
sign up on uscis.gov, add you case number to profile, and you can see LUD (its one of the columns)
HTH
more...
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JazzByTheBay
09-16 12:02 AM
And the San Jose rally proved that...
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
�Progress is impossible without change, and those who cannot change their minds cannot change anything.�
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
�Progress is impossible without change, and those who cannot change their minds cannot change anything.�
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a.j.2048
03-04 04:43 PM
Hi guys,
this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...
can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..
Sr members, please share your views on this topic..
thanks
narendra
People are usually smart enough to understand that the URL does not mean much. For e.g. people going to ibnlive.in.com understand they are going to the Congress News Network and not to CNN.
this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...
can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..
Sr members, please share your views on this topic..
thanks
narendra
People are usually smart enough to understand that the URL does not mean much. For e.g. people going to ibnlive.in.com understand they are going to the Congress News Network and not to CNN.
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wizkid732
08-25 10:44 AM
Thanks for the reply, the wait is painful. Itls like a detention without trial :-)
when he contacted senator and inturn they contacted USCIS, Senator got same reply as urs . his is also 2005 EB2 I PD. He is just waiting too.
i wonder what that extensed security review means. looks like never ending. hope no one gets stuck in it.
when he contacted senator and inturn they contacted USCIS, Senator got same reply as urs . his is also 2005 EB2 I PD. He is just waiting too.
i wonder what that extensed security review means. looks like never ending. hope no one gets stuck in it.
va_217
12-31 12:50 PM
Not sure about the Mexico consulate, but you will most probably face problems if you go to Chennai consulate.In case if you decided to take chance and go to Mexico, make sure that you have valid F1 visa to come back to USA. Otherwise you have to stay in Mexico :-)
If I am in your position, i will not this type of chances.
how can you come on F1 back, when your status is changed to H1 as you have to show valid I-20 for F1 which you don't have or you have enrolled in any school for MS, MBA or..... as you changed from F1 to H1 you anyway need stamping.
Please correct me if I am wrong
If I am in your position, i will not this type of chances.
how can you come on F1 back, when your status is changed to H1 as you have to show valid I-20 for F1 which you don't have or you have enrolled in any school for MS, MBA or..... as you changed from F1 to H1 you anyway need stamping.
Please correct me if I am wrong
eilsoe
10-08 10:13 AM
hmm... I'm inspired...
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