priderock
07-12 01:20 PM
Hey guys this is interesting and useful info and AILA and AILF should take note of this.
If they approve EB3/India/APR2004 and EB2/INDIA/AUG2005 saying the dates were current on Jul1 or Jul2 , applying the same logic they can't reject applications that were files when the dates were still current. And also give fair chance to others to react between bulletins.
If they approve EB3/India/APR2004 and EB2/INDIA/AUG2005 saying the dates were current on Jul1 or Jul2 , applying the same logic they can't reject applications that were files when the dates were still current. And also give fair chance to others to react between bulletins.
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mhtanim
01-09 05:13 PM
http://img72.imageshack.us/img72/9932/dlnewmf5.jpg (http://www.imagehosting.com/)
AND THE OLD:
https://www.texasonline.state.tx.us/images/apps/txdps/drc/example_dl2.jpg
Wow... can we call it discrimination?
People who are living illegally will keep driving with a fake or no license and no insurance. But legals will be segregated like this! Nice.
AND THE OLD:
https://www.texasonline.state.tx.us/images/apps/txdps/drc/example_dl2.jpg
Wow... can we call it discrimination?
People who are living illegally will keep driving with a fake or no license and no insurance. But legals will be segregated like this! Nice.
jasmin45
07-15 06:02 PM
At some point after the July Fiasco, we will have to merge and consolidate the Lou Dobbs sensation.
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webm
11-19 11:09 AM
If you consider waiting from Feb 2005 is too long, then what you would say for those guys stuck still in BEC from 1999
I agree with you...
I agree with you...
more...
hoolahoous
02-29 01:50 AM
I believe the H1B status ceases after the date of your termination ( i.e. you stop working for the H1 sponsoring employer ). That is the zero tolerance policy of USCIS. Now, one should use AC21 and notify USCIS before the I-485 is approved ( with previous employer as sponsoring entity ).
please don't post information you are not sure of. unless employer withdraws H1 there is no way USCIS can know of this. (Employers are not legally bound to file for H1 withdrawal) Also I would like to know the source of your 'zero tolerance' policy in regards to H1. In fact they forgive upto 6 months of 'unauthorized' employment when processing I-485. (http://www.murthy.com/news/n_nscuna.html). If they wanted to have 'zero tolerance' they would have forced employers to withdraw H1 or atleast inform USCIS of layoff.
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
please don't post information you are not sure of. unless employer withdraws H1 there is no way USCIS can know of this. (Employers are not legally bound to file for H1 withdrawal) Also I would like to know the source of your 'zero tolerance' policy in regards to H1. In fact they forgive upto 6 months of 'unauthorized' employment when processing I-485. (http://www.murthy.com/news/n_nscuna.html). If they wanted to have 'zero tolerance' they would have forced employers to withdraw H1 or atleast inform USCIS of layoff.
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
meridiani.planum
04-22 03:00 AM
I applied for my H1B 9th year extension using I-140 substitution in 10th March 2008. My 8th year H1B was expired on 14th April 2008. Currently my 9th year H1B extension was is in pending status. Unfortunately my I-140 was denied on 18th April 2008 due to 4 years Bachelors degree.
I used PERM EB2 labor substitution (May 2006 PD) and filed I-140 in July 2007 and denied (NSC) directly with out RFE. This is due to 4 years bachelor's degree and I have 10+2+3(Diploma) +3 (engineering-AMIE). I already applied my 485, EAD and AP. I got AP and EAD, but didn�t use it.
Now how can I get my 9th year extension?
Can I appeal for I-140 and get 9th year H1B extension?
Could you please give me your valuable suggestions on this?
Thanks,
Naga
yes, you cna appeal the decision and get another years extension. Better file another LC in PERM asap for next years extension in case the appeal also is denied
I used PERM EB2 labor substitution (May 2006 PD) and filed I-140 in July 2007 and denied (NSC) directly with out RFE. This is due to 4 years bachelor's degree and I have 10+2+3(Diploma) +3 (engineering-AMIE). I already applied my 485, EAD and AP. I got AP and EAD, but didn�t use it.
Now how can I get my 9th year extension?
Can I appeal for I-140 and get 9th year H1B extension?
Could you please give me your valuable suggestions on this?
Thanks,
Naga
yes, you cna appeal the decision and get another years extension. Better file another LC in PERM asap for next years extension in case the appeal also is denied
more...
glus
01-22 12:12 PM
Consulare processing means, you have to go out of the country to your home country and over there you have an interview for an immigrant visa. If approved you come to the states with that visa and receive GC here. If denied, consular processing CANNOT be appealed. The decision is usually final. When you do I485, whcih is adjustment of status, you stay in the US and if gets denied you CAN appeal the decision. To be eligible for adjustment of status in the U.S. one must show he/she never violated non-immigrant status until the I485 was filed(since last entry).
If you file I140 while being on F1, that could be taken as "violation of non-immigrant" status. It is advisable to change to a dual intent visa before filing for I485. Such visas are H1 and L1.
I am not attorney so don't take my answers for granted.
G
If you file I140 while being on F1, that could be taken as "violation of non-immigrant" status. It is advisable to change to a dual intent visa before filing for I485. Such visas are H1 and L1.
I am not attorney so don't take my answers for granted.
G
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rk07
09-27 02:19 PM
All,
Anyone applied on July 23rd at NSC and not received the RN?
Anyone in the same boat with me?
Thanks,
-rk.
Anyone applied on July 23rd at NSC and not received the RN?
Anyone in the same boat with me?
Thanks,
-rk.
more...
anilsal
11-30 04:54 PM
Not an amended H1. It is an H1B extension for 3 years after I140.
The question is if you have this approval in your hand (whose start date is after your current visa validity) and you return to the country within your visa validity, will the official have I-94 valid till the end of the new approval or till the date your current visa is valid?
According to "Last Action" Rule of USCIS, there is a possibility that your H1B extention approval becomes invalid because the POE gave validity till your visa end.
Seems all so screwed up. But red-tape rules are never white and black.
http://www.murthy.com/news/UDnjsem.html
There is mention of Last Action Rule.
The question is if you have this approval in your hand (whose start date is after your current visa validity) and you return to the country within your visa validity, will the official have I-94 valid till the end of the new approval or till the date your current visa is valid?
According to "Last Action" Rule of USCIS, there is a possibility that your H1B extention approval becomes invalid because the POE gave validity till your visa end.
Seems all so screwed up. But red-tape rules are never white and black.
http://www.murthy.com/news/UDnjsem.html
There is mention of Last Action Rule.
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dan19
02-08 03:11 PM
Dude....
You want to see the March VB:) ?
Why waste time? Just look at Feb VB..it will be the ditto copy n paste.
The lazy html programmer might have already cut it by now. He will take 3 days to paste it into a new page. After all that 'hard work', he will bring out a broken link on the 4th day.
Really getting tired of this monthly ritual!
You want to see the March VB:) ?
Why waste time? Just look at Feb VB..it will be the ditto copy n paste.
The lazy html programmer might have already cut it by now. He will take 3 days to paste it into a new page. After all that 'hard work', he will bring out a broken link on the 4th day.
Really getting tired of this monthly ritual!
more...
desi3933
03-19 05:49 PM
Looks like you got angry.Everybody knows H1 requirements as much as you do.Do you think are the only one who is smart in this world.I don't think so.
Thanks for sharing your "2 cents" opinion. I understand this is coming from a person who used the term slave for his H-1 job condition.
You haven't answer me the question"What if your H1 is denied once you started working with out its approval" which I replied in your first post.
If H-1B is denied, then you are out of luck. For that reason, I have mentioned that file H-1B premium, and join the new job after H-1B approval and you will have "peace of mind" in that case.
Also you have replied me that H1B is not for speculative job.If it is true then what is the need of H1 Change of employer.Can you inform USCIS to remove this option.
Read for yourself and get en-lighted.
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2008/May302008_01D2101.pdf
[From the pdf link]
...to ensure that alien beneficiaries accorded H status have an actual job offer and are not coming to the United States for speculative employment.
When your H1 got approved first time the same USCIS verified your Educational certificates.Why they want to do the same verification again and again?
It is more than just educational qualification. The job has to be specialty occupation and employer has to define job duties in detail. Each H-1B petition is treated independently.
I advice you to read [dot com] articles which sometimes point out that USCIS document were not clear
Lawyers are entitled to opinion as well, just like anybody else. After all they are running business. FYI, I am not on visa anymore.
________________
Not a legal advice.
Thanks for sharing your "2 cents" opinion. I understand this is coming from a person who used the term slave for his H-1 job condition.
You haven't answer me the question"What if your H1 is denied once you started working with out its approval" which I replied in your first post.
If H-1B is denied, then you are out of luck. For that reason, I have mentioned that file H-1B premium, and join the new job after H-1B approval and you will have "peace of mind" in that case.
Also you have replied me that H1B is not for speculative job.If it is true then what is the need of H1 Change of employer.Can you inform USCIS to remove this option.
Read for yourself and get en-lighted.
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2008/May302008_01D2101.pdf
[From the pdf link]
...to ensure that alien beneficiaries accorded H status have an actual job offer and are not coming to the United States for speculative employment.
When your H1 got approved first time the same USCIS verified your Educational certificates.Why they want to do the same verification again and again?
It is more than just educational qualification. The job has to be specialty occupation and employer has to define job duties in detail. Each H-1B petition is treated independently.
I advice you to read [dot com] articles which sometimes point out that USCIS document were not clear
Lawyers are entitled to opinion as well, just like anybody else. After all they are running business. FYI, I am not on visa anymore.
________________
Not a legal advice.
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vjkypally
07-18 05:42 PM
Funds are really needed but another important thing is to leverage the momentum obtained due to CIR and more recently July Visa fiasco.
I think iV should aggressively focus on recapture of visas, 1 visa per family(Hillary Clinton already supports us on this and we can rope in Zoe loe****
who supported us now) and also removing country based limit.
Momentum is very important and now is the time to restart and I m sure funds ll flow. Removing country based quota is the easiest one to target first.
Cheers
I think iV should aggressively focus on recapture of visas, 1 visa per family(Hillary Clinton already supports us on this and we can rope in Zoe loe****
who supported us now) and also removing country based limit.
Momentum is very important and now is the time to restart and I m sure funds ll flow. Removing country based quota is the easiest one to target first.
Cheers
more...
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damialok
06-13 07:02 PM
As long as you show that your job is atleast 50% different from the previous within the same company, you can use the experience from the current employer. You dont need to be promoted or move to business development.
You can use the 5 years exp from current employer. But the new position itself should require 5 years exp to qualify for EB2. File your PERM then when you file you 140, include your previous approved EB3 140 with the older PD and ask to port the PD. Then when USCIS will approve your 140, it should have the correct EB2 cat and older PD(from EB3 app).
Thats all. I was able to recapture my PD but I had a Master's degree. The only issue was that I graduated AFTER I joined my long time employer. So in the old RIR world you could not use that but PERM relaxed/cleared up the 'graduation' issue and we filed for a new EB2 application. In your case you will use your 5 years exp to qualify for EB2 rather than Masters.
The process is tedious but rewarding at the end. Hopefully your corporate lawyers will help you in this. A lot depends on your company and your supervisor, they need to be motivated.
You can use the 5 years exp from current employer. But the new position itself should require 5 years exp to qualify for EB2. File your PERM then when you file you 140, include your previous approved EB3 140 with the older PD and ask to port the PD. Then when USCIS will approve your 140, it should have the correct EB2 cat and older PD(from EB3 app).
Thats all. I was able to recapture my PD but I had a Master's degree. The only issue was that I graduated AFTER I joined my long time employer. So in the old RIR world you could not use that but PERM relaxed/cleared up the 'graduation' issue and we filed for a new EB2 application. In your case you will use your 5 years exp to qualify for EB2 rather than Masters.
The process is tedious but rewarding at the end. Hopefully your corporate lawyers will help you in this. A lot depends on your company and your supervisor, they need to be motivated.
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nat23
03-27 01:48 PM
---
nat23
Per my understanding from other posts here, Pelosi can't schedule floor hearings it is handled by the majority party leader, which is Senator Reid.
Pelosi sets the time-table in the House and Reid in the Senate. Since the bill was introduced in the House, I made the statement.
Hope this clarifies things.
Cheers
Nat
nat23
Per my understanding from other posts here, Pelosi can't schedule floor hearings it is handled by the majority party leader, which is Senator Reid.
Pelosi sets the time-table in the House and Reid in the Senate. Since the bill was introduced in the House, I made the statement.
Hope this clarifies things.
Cheers
Nat
more...
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skd
08-21 11:14 AM
Any body ELse Got Recipt form Texas Center
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hetuweb
08-23 08:44 PM
Yes, Everyone Will Get Fp Notices.:)
more...
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centaur
02-19 12:51 PM
Exactly. Whats the relevance of this thread here, I fail to understand.
When i get my GC in 2023, this will help me a lot ;)
When i get my GC in 2023, this will help me a lot ;)
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Circus123
02-10 02:47 PM
It is time again for setting expectations before the bulletin is released and then see it shattered like a glass falling on the floor :) Anyway here are my expectations:
MARCH 2008 VISA BULLETIN
-----------------------------
EB3-ROW March 2003
EB3-INDIA June 2001 (sorry had high hopes last time)
EB2-ROW C
EB2-INDIA June 2001 (change from U - Unavailable)
Please feel free to predict your expectations.
MARCH 2008 VISA BULLETIN
-----------------------------
EB3-ROW March 2003
EB3-INDIA June 2001 (sorry had high hopes last time)
EB2-ROW C
EB2-INDIA June 2001 (change from U - Unavailable)
Please feel free to predict your expectations.
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gc_check
09-19 03:27 PM
Thanks everyone for being patient and supporting us. The work is happening at all ends and it is an uphill task.
We really need to increase our membership. Higher membership will mean us looking tall when we meet lawmakers. Please all try to help us spread the word of IV to everyone you know that is stuck in retrogression. We represent at least half million people but we currently not even have 6 thousand members. Thus we have to bring lot many people into IV. I would encourage everyone to pls. register on this forum instead of being visitors.
Pls try to help us increase our membership in your own capacity, in any way you can. This is something everyone on this forum can help us with.
Many users just browse through the forum/website. How about making the forum available only to registered members ?? This will also make users register/login. Remove anonymous access to forum
We really need to increase our membership. Higher membership will mean us looking tall when we meet lawmakers. Please all try to help us spread the word of IV to everyone you know that is stuck in retrogression. We represent at least half million people but we currently not even have 6 thousand members. Thus we have to bring lot many people into IV. I would encourage everyone to pls. register on this forum instead of being visitors.
Pls try to help us increase our membership in your own capacity, in any way you can. This is something everyone on this forum can help us with.
Many users just browse through the forum/website. How about making the forum available only to registered members ?? This will also make users register/login. Remove anonymous access to forum
samrat_bhargava_vihari
02-08 10:07 PM
Why do you guys have such a hard time believing....
Law says what it says
Visa bulletin has the notce
Berkleybee isn't saying anything in that conversation with DOS which isn't already covered by the law or the note in 2005 visa bulletin.
Still; everyone is thinking it is a mistake and it is going to get current in 3 to 4months?
The cynic in me believes that everyone thinks it is just a matter of time before it becomes current or there is significant movements in dates. This is dead wrong. All one needs to do is look at data coming out from backlog processing centers; amount of 245i labors; statistics on how many people have come on h-1b; l-1's, b visas, f visas, amont of perm labor approvals; amount of greencards approved over the last five years.
It is going to be a very, very long time before there is significant movement in dates.
The cynic in me thinks Berkleybee posted it in immigration.com so that people may now get the message the dates aren't going to move. They aren't going to move significantly next year either. There is TOO many people going for greencards.
As long as people think that the dates are going to move, then they sit on the fence and don't do much to get rid of retrogression.
I am sure if people could get convinced that in current environment; visa dates will never get current then people may have some urgency in participating to get rid of retrogression.
UN,
I have strong belief on your postings. Don�t know about Berkleybee�
I am from India EB3. I strongly believe that we can change this system, after all it is human made, outdated and obviously not suitable for current scenario.
So realistically what we can do about this, if so what would be the approach.
Law says what it says
Visa bulletin has the notce
Berkleybee isn't saying anything in that conversation with DOS which isn't already covered by the law or the note in 2005 visa bulletin.
Still; everyone is thinking it is a mistake and it is going to get current in 3 to 4months?
The cynic in me believes that everyone thinks it is just a matter of time before it becomes current or there is significant movements in dates. This is dead wrong. All one needs to do is look at data coming out from backlog processing centers; amount of 245i labors; statistics on how many people have come on h-1b; l-1's, b visas, f visas, amont of perm labor approvals; amount of greencards approved over the last five years.
It is going to be a very, very long time before there is significant movement in dates.
The cynic in me thinks Berkleybee posted it in immigration.com so that people may now get the message the dates aren't going to move. They aren't going to move significantly next year either. There is TOO many people going for greencards.
As long as people think that the dates are going to move, then they sit on the fence and don't do much to get rid of retrogression.
I am sure if people could get convinced that in current environment; visa dates will never get current then people may have some urgency in participating to get rid of retrogression.
UN,
I have strong belief on your postings. Don�t know about Berkleybee�
I am from India EB3. I strongly believe that we can change this system, after all it is human made, outdated and obviously not suitable for current scenario.
So realistically what we can do about this, if so what would be the approach.
raj2fly4
07-12 03:29 PM
I applied for H1B extension in october 2006 as my H1B was about to expire in December. After five months of applying, got an RFE in Febraury 2007 . My employer replied to the query in Mid March 2007. My employer was reluctant to do a premium processing when he replied the query, saying that he doesnt want to take any risk. CSC transfered my case to Seattle, WA field office ( the field office is no where near my employers physical location, not even close to where I live) on April 4th. I guessed that its because of new H1 petitions filed in April. Its been more than 3 months and no action taken on my petition. We tried to convert into premium processing, but the field office rejected it saying they dont accept premium processing in their jurisdiction. So nothing else to do but to wait wait wait. Total time passed since my initial petition in OCtober ( 9 months).
My license has expired in March and the DMV do not renew my license with out a new I-94. Really its been a hell with out DL and still depending on others for necessary needs.
I am tired of telling the story to every one. Why not one more time here. I want to find out what other steps I can take to expedite the H1 Petition. Is there any way around to get the license renewed. Please share your experiences and suggestions.
My wife applied for H1B(new) in APRIL and her petition got an RFE asking to show proof that whether she will be in legal status until october 2007 as her I-94 expired in December(as her H4 petition is also pending due to RFE on my H1B). Attached the receipts and everything when she applied. From the documents attached cant they figure out that H4 petition is pending and she is in legal status. Kinda pissed me off.
I took an info pass appointment and went to the Newark Office today to see if they can help with my case. The IO said, they dont deal with H1B cases and cant help me in anyway. Though she took time to see where it is. She told me that I have to wait wait wait. This is really pissing me off, without a driving license for the last 4 months, passport expiring soon, Wife's H1 petetion Query ( as her H4 renewal is in hold due to my H1B RFE). Guys please post some ideas on how to deal with this situation. I even opened a service request about my case. But no progress. what should be my next course of action to move the case.
Any valuable suggestions would be appreciated.
Thanks
My license has expired in March and the DMV do not renew my license with out a new I-94. Really its been a hell with out DL and still depending on others for necessary needs.
I am tired of telling the story to every one. Why not one more time here. I want to find out what other steps I can take to expedite the H1 Petition. Is there any way around to get the license renewed. Please share your experiences and suggestions.
My wife applied for H1B(new) in APRIL and her petition got an RFE asking to show proof that whether she will be in legal status until october 2007 as her I-94 expired in December(as her H4 petition is also pending due to RFE on my H1B). Attached the receipts and everything when she applied. From the documents attached cant they figure out that H4 petition is pending and she is in legal status. Kinda pissed me off.
I took an info pass appointment and went to the Newark Office today to see if they can help with my case. The IO said, they dont deal with H1B cases and cant help me in anyway. Though she took time to see where it is. She told me that I have to wait wait wait. This is really pissing me off, without a driving license for the last 4 months, passport expiring soon, Wife's H1 petetion Query ( as her H4 renewal is in hold due to my H1B RFE). Guys please post some ideas on how to deal with this situation. I even opened a service request about my case. But no progress. what should be my next course of action to move the case.
Any valuable suggestions would be appreciated.
Thanks