sam_hoosier
01-24 02:45 PM
I just checked with my Lawyer. I am a July 2 receipt guy and my 180 days got over. Currently my wife moved from her H1B(not stamped yet, she moved from H4 to H1) to EAD and I am still on H1B.
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
Can you ask your lawyer what issues will it create for EAD renewal if you stay on H1B ?
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
Can you ask your lawyer what issues will it create for EAD renewal if you stay on H1B ?
tabletpc
08-24 03:05 PM
"Unconfirmed reports say that PP for EB3 will be introduced before PP for EB2. True?"...
Won't be surprised though..!!!. Y don't they just swap the available visa dates of EB1 and Eb3...????
Won't be surprised though..!!!. Y don't they just swap the available visa dates of EB1 and Eb3...????
freedom_fighter
03-08 02:38 PM
another one bites the card.
chanduv23
08-03 11:10 PM
Please navigate to the following threads and do the action items
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
more...
sidshar
05-15 04:21 PM
Capriol,
Thanks and I think I got lucky. But does it mean that spouse case is not linked to my case?
Thanks and I think I got lucky. But does it mean that spouse case is not linked to my case?
sprash
03-02 05:09 PM
ok, here is the story:
http://marketplace.publicradio.org/display/web/2009/03/02/foreign_tech/
http://marketplace.publicradio.org/display/web/2009/03/02/foreign_tech/
more...
viper673
11-14 07:15 PM
Sent to TSC
BharatPremi
11-30 06:16 PM
You need to invoke IV-21 :D
Good One...:D.. Then I will have to wait for 6 months from today...:D
Good One...:D.. Then I will have to wait for 6 months from today...:D
more...
bharol
10-09 07:26 PM
Anyone?
Thanks
They are reloading. ;)
Thanks
They are reloading. ;)
roseball
03-20 06:33 PM
Well, if you go according to the Lawyer of this forum with which guys had a conference call (you can hear the recording thats on the home page of this site)
Then its advisable to apply in EB3 category and her reasoning was that with her experience she has seen lots of EB2 application in the past few years and very less EB3 apps and hence chances of EB3 being processed earlier than EB2 are quiet high.
Also, consider the job satisfaction/career growth you will get by taking up this new job which you said is better than your current one.....Keeping in view the current trend, it will be atleast 5-6 yrs for Eb-2 to come to Oct 2007....Ask yourself if you want to be doing what you are doing right now for that long......I would move on.....
Then its advisable to apply in EB3 category and her reasoning was that with her experience she has seen lots of EB2 application in the past few years and very less EB3 apps and hence chances of EB3 being processed earlier than EB2 are quiet high.
Also, consider the job satisfaction/career growth you will get by taking up this new job which you said is better than your current one.....Keeping in view the current trend, it will be atleast 5-6 yrs for Eb-2 to come to Oct 2007....Ask yourself if you want to be doing what you are doing right now for that long......I would move on.....
more...
sertasheep
09-04 08:43 PM
Bump
atlfp
04-08 02:44 PM
Thanks for the effort. Obviously it is not their interest to release the data, that's why we need to figure out a way to force them to discose such data. I think it's possible to get a court order to request such data.
If you look at the visa bulletin, you can be absolutely sure they are not seriously counting EB3 numbers. There is no description/predictions or whatsoever on EB3 category, which means they have no solid data to support their EB3 cut off data. They are just waiting for the 245i flood to come.
Atlfp,
I have had several conversations with the staff of the CIS Ombudsman on this issue. Believe it or not, DOS has been resisting official efforts to release these figures. Just last week I also talked to the Office of Communications at USCIS about this issue -- no promises have been made but it is an on-going battle.
Also, if you are familiar with the tables in the Yearbook of Immigration Statistics -- those are aggregated tables -- this year (FY 05) for the first time there was a limited release that showed us EB subcategory approvals by country. Such data exists for every year and every table in the Yearbook of Immigration Statistics but is not released to the public -- why? Because the Yearbook tables have been done a certain way since kingdom come. We are also trying to change that.
So yes, we are trying, but it seems to me that it is not in the interest of an inefficient organization to cast light on the nature of its inefficiencies.
Will keep members posted on this.
best,
Berkeleybee
If you look at the visa bulletin, you can be absolutely sure they are not seriously counting EB3 numbers. There is no description/predictions or whatsoever on EB3 category, which means they have no solid data to support their EB3 cut off data. They are just waiting for the 245i flood to come.
Atlfp,
I have had several conversations with the staff of the CIS Ombudsman on this issue. Believe it or not, DOS has been resisting official efforts to release these figures. Just last week I also talked to the Office of Communications at USCIS about this issue -- no promises have been made but it is an on-going battle.
Also, if you are familiar with the tables in the Yearbook of Immigration Statistics -- those are aggregated tables -- this year (FY 05) for the first time there was a limited release that showed us EB subcategory approvals by country. Such data exists for every year and every table in the Yearbook of Immigration Statistics but is not released to the public -- why? Because the Yearbook tables have been done a certain way since kingdom come. We are also trying to change that.
So yes, we are trying, but it seems to me that it is not in the interest of an inefficient organization to cast light on the nature of its inefficiencies.
Will keep members posted on this.
best,
Berkeleybee
more...
chanduv23
11-01 07:37 PM
More feedbacks help. Please post feedback if you attended the NJ meet
nightowl76
03-04 04:19 PM
narendra_modi = troll alert
reasons: first post, missing info, irrelevant post
reasons: first post, missing info, irrelevant post
more...
JunRN
08-21 11:30 AM
Mine is two Receipting up-dates away.....but I am hoping to receive my RNs before that...:D
Let's have some fun guys.! It's good to be worried and it's just normal. Some are just too stiff to others because the July 19th filer is asking for getting checks cashed and therefore some July 2 filers are pissed off because theirs are not yet cashed....Dude, let's face reality with USCIS...some people are really lucky to overtake others....
Let's have some fun guys.! It's good to be worried and it's just normal. Some are just too stiff to others because the July 19th filer is asking for getting checks cashed and therefore some July 2 filers are pissed off because theirs are not yet cashed....Dude, let's face reality with USCIS...some people are really lucky to overtake others....
desigirl
01-28 10:56 AM
Check out some of the reactions (article as well as the comments) to the President's call for Immigration reform!
Obama makes H-1B, Green Card reform a priority - Computerworld Blogs (http://blogs.computerworld.com/17722/obama_makes_h_1b_green_card_reform_a_priority)
Obama makes H-1B, Green Card reform a priority - Computerworld Blogs (http://blogs.computerworld.com/17722/obama_makes_h_1b_green_card_reform_a_priority)
more...
sheelalann
05-21 12:44 PM
this is the toughest issue ever discussed on this forum :)
gaz
11-18 01:36 PM
background -
A friend is currently working full time with a large financial company where there are many layoffs going on. She has 140 approved, but her H1 is valid only till Sept 2009 (6 years complete; no date recoup possible).
H1 extension cannot be filed until 6 months prior to expiry i.e. Apr 2009.
questions -
If she gets laid off (next round of layoffs are expected in dec), can she still:
1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
2) file a new labor and port her PD from the approved 140?
3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
Thanks in advance!!
A friend is currently working full time with a large financial company where there are many layoffs going on. She has 140 approved, but her H1 is valid only till Sept 2009 (6 years complete; no date recoup possible).
H1 extension cannot be filed until 6 months prior to expiry i.e. Apr 2009.
questions -
If she gets laid off (next round of layoffs are expected in dec), can she still:
1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
2) file a new labor and port her PD from the approved 140?
3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
Thanks in advance!!
gc_chahiye
10-26 03:43 PM
My Lawyer is saying that we cannot apply for AP without a valid reason and a valid paper such as someone is sick or wedding with a proof.
Is this true?
Thanks,
PD Feb 2004 - EB3 - India
I140 Approved - May 2007
EAD Approved - Oct 3
EAD recd Oct 10
H1B Status Valid - 2010.
I had the same concerns on reading the instructions on the I-131 pplication form for the AP.
On page 2:
"Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States or a temporary period of time due to a compelling emergency."
And later on page 4 section III B 1 they go on to say:
You may apply if you have an adjustment of status application pending and you seek to travel abroad for emergent personal or bona fide business reasons
However on confirming with my lawyer this is not really enforced by USCIS. You can request an AP without submitting proofs of personal emergency or a bonafide business reason, and USCIS will grant you an AP.
Is this true?
Thanks,
PD Feb 2004 - EB3 - India
I140 Approved - May 2007
EAD Approved - Oct 3
EAD recd Oct 10
H1B Status Valid - 2010.
I had the same concerns on reading the instructions on the I-131 pplication form for the AP.
On page 2:
"Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States or a temporary period of time due to a compelling emergency."
And later on page 4 section III B 1 they go on to say:
You may apply if you have an adjustment of status application pending and you seek to travel abroad for emergent personal or bona fide business reasons
However on confirming with my lawyer this is not really enforced by USCIS. You can request an AP without submitting proofs of personal emergency or a bonafide business reason, and USCIS will grant you an AP.
thomachan72
10-29 06:46 AM
Thanks, I do have the copy of I-140 approval notice with receipt number and all that info.
It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?
Thanks again!
Asuming you dont have an approved labor by 2013, you will not be able to apply for H1b renewal at that point (even if your PD is not current). The only way you can get further extensions is if you have completed the PERM by then or atleast have PERM pending for 365 days. Join somebody now and then look for others who would be willing to do the PERM immediately. I am not sure how long you can stay now since you are basically out of status as of last week.
It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?
Thanks again!
Asuming you dont have an approved labor by 2013, you will not be able to apply for H1b renewal at that point (even if your PD is not current). The only way you can get further extensions is if you have completed the PERM by then or atleast have PERM pending for 365 days. Join somebody now and then look for others who would be willing to do the PERM immediately. I am not sure how long you can stay now since you are basically out of status as of last week.
lifestrikes
03-10 10:10 AM
Report: U.S. needs immigration boost of high-skilled workers - CNN.com (http://edition.cnn.com/2011/US/03/09/texas.fed.immigration/)
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