lazycis
12-20 08:35 PM
Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.
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arunmohan
07-02 12:37 PM
I will give my full support. Even I will ask my all colleague and my boss to sign it.
guy03062
11-11 07:49 PM
This is great find. I am not sure why IV leadership (as an advocacy group) is not pursuing this to USCIS leadership as they are in touch with them regularly for other issues. Are we missing something here?
Under the regulation No reference to Calendar year. It mentions explicitly calendar quarter.
Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Under the regulation No reference to Calendar year. It mentions explicitly calendar quarter.
Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
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ramus
07-03 05:09 PM
Thank you..
Here is my $99 by paypal.
Amount: $99.00 USD
Transaction ID: 5DB90775US5552631
Here is my $99 by paypal.
Amount: $99.00 USD
Transaction ID: 5DB90775US5552631
more...
kumar1
12-11 11:15 AM
Kavita - I absolutely disagree with you. All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. Yes, it is your privilege to file GC but it is not your right. You can shower yourself with tags like "highly skilled" and what not but truth is, if we are so highly skilled then why are we having so many issues with Green Card? Why no one in this country is listening to us? They listened to bank's issues and came up with 750 Billion dollars in 2 flipping weeks. They have almost granted 15 Billion to auto industry. Meanwhile, we, self proclaimed highly skilled are fighting to have driver's license in DMV offices. And above all, when someone on H1 and L1 gets laid off, what is the problem in packing up the bag and going back to home country? It is us...you and me, who love to live in this country, we fight tooth and nail to live here, somehow, anyhow, at any cost!
The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.
Please attack my thought, do not attack me or my self esteem!
I absolutely agree with you. I can't imagine how a person of Indian or Chinese origin can blame themselves of this retrogression. To me, it is a reflection of poor self esteem.
The bottomline is that we are here because we are needed here. We have the privilege to apply for green card in return for the work we do. Country quota does not make sense in employment based immigration. It is an unfair practice which has to stop someday.
The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.
Please attack my thought, do not attack me or my self esteem!
I absolutely agree with you. I can't imagine how a person of Indian or Chinese origin can blame themselves of this retrogression. To me, it is a reflection of poor self esteem.
The bottomline is that we are here because we are needed here. We have the privilege to apply for green card in return for the work we do. Country quota does not make sense in employment based immigration. It is an unfair practice which has to stop someday.
gc28262
06-10 11:06 PM
"THEY CAME FIRST for the Communists,
and I didn't speak up because I wasn't a Communist.
THEN THEY CAME for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.
THEN THEY CAME for the Jews,
and I didn't speak up because I wasn't a Jew.
THEN THEY CAME for me
and by that time no one was left to speak up."
http://en.wikipedia.org/wiki/First_they_came...
and I didn't speak up because I wasn't a Communist.
THEN THEY CAME for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.
THEN THEY CAME for the Jews,
and I didn't speak up because I wasn't a Jew.
THEN THEY CAME for me
and by that time no one was left to speak up."
http://en.wikipedia.org/wiki/First_they_came...
more...
desibechara
10-12 03:39 PM
I am..
EB3 India..PD Oct 2001, LC certfied on June 19,, got in hand on July26
Applied I140, I485 and I170, I130 on Aug7
NSC..receipts Sep19
FP notice for Oct 30,have not recived for wifes' FP notice
EAD online notice for both of us ..on Oct 9
I understand lot of people are anxious about GC..but look at dates!!!
Its been 6 years..
DB
EB3 India..PD Oct 2001, LC certfied on June 19,, got in hand on July26
Applied I140, I485 and I170, I130 on Aug7
NSC..receipts Sep19
FP notice for Oct 30,have not recived for wifes' FP notice
EAD online notice for both of us ..on Oct 9
I understand lot of people are anxious about GC..but look at dates!!!
Its been 6 years..
DB
2010 Return of Michael Myers
jnagendra
09-10 02:10 PM
extended lunch session...!!! .
They went at EST and back at PST:D
They went at EST and back at PST:D
more...
pkv
03-17 04:36 PM
Hi,
We filed I-485 july last year, but didn't file for EAD.
Now I want to file EAD for me and my wife, she is on H4 right now.
The main posting talks about filing everything together.
Anyone know which all forms I need to send when applying only for EAD? do we need send any other form than I-765?
I filed in nebraska, but case is with texas service center now. Where should I mail my forms? Texas or Nebraska?
Thanks,
We filed I-485 july last year, but didn't file for EAD.
Now I want to file EAD for me and my wife, she is on H4 right now.
The main posting talks about filing everything together.
Anyone know which all forms I need to send when applying only for EAD? do we need send any other form than I-765?
I filed in nebraska, but case is with texas service center now. Where should I mail my forms? Texas or Nebraska?
Thanks,
hair Halloween Michael Myers,
WeldonSprings
08-27 11:16 AM
Anybody has numbers for No. of EB Visas processed for June ad July 08. Till May 08 total 113475 has been processed. So, total remaining would be 50000.
Aug. 08 somewehere 6000 were processed.
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
Oct-07 237915 842231 50548 42500 8048
Nov-07 51773 845691 48313 42500 5813
Dec-07 35020 833141 47570 42500 5070
Jan-08 35771 813238 55674 42500 13174
Feb-08 38210 787516 63932 42500 21432
Mar-08 43548 762938 68126 42500 25626
Apr-08 50951 742597 71292 42500 28792
May-08 45357 739934 48020 42500 5520
* Data from USCIS months processing report
** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
** FB is flat (730k-220k CP / 12 months)
We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.
Aug. 08 somewehere 6000 were processed.
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
Oct-07 237915 842231 50548 42500 8048
Nov-07 51773 845691 48313 42500 5813
Dec-07 35020 833141 47570 42500 5070
Jan-08 35771 813238 55674 42500 13174
Feb-08 38210 787516 63932 42500 21432
Mar-08 43548 762938 68126 42500 25626
Apr-08 50951 742597 71292 42500 28792
May-08 45357 739934 48020 42500 5520
* Data from USCIS months processing report
** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
** FB is flat (730k-220k CP / 12 months)
We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.
more...
softcrowd
03-18 09:37 AM
I am 04/2004 EB2 and I just hope that Ron's prediction comes true.
One thing about his April PD movement "prediction" - Ron Gotcher never predicted that..He just said he passed on what he heard from an official.
But in this case (July one), it looks like his prediction!! So lets see!
One thing about his April PD movement "prediction" - Ron Gotcher never predicted that..He just said he passed on what he heard from an official.
But in this case (July one), it looks like his prediction!! So lets see!
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uma001
07-29 01:31 PM
Given the unemployment rate and also the current market condition, it is not really favorable for starting a Green Card process (Labor/PERM) if you belong to one of the field, where there are adequate number of people already available. The recent economic conditions has flooded the market with many people who might qualify, as the requirement is to accept any US Citizen/Perm Resident, if one has the minimum qualification, even if you do not have all that is requested for. Future GC holder might like this provision after GC !!
In that case, employers should mention the following in the offer letter
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
In that case, employers should mention the following in the offer letter
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
more...
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uma001
07-29 01:50 PM
I think you are talking out of frustration. Take your emotion out and think rationally. Why it takes 3-4 years for you to understand they are not going to start the GC process. Once its evident in 1-2 years they are giving all damn excesses...don�t you need to start looking for other opportunity. They might be ethically wrong but its not illegal. Again you are just venting your frustration.
Yup, I tried...it happened once, why cant it happened twice or thrice. No gaurantee.
Yup, I tried...it happened once, why cant it happened twice or thrice. No gaurantee.
tattoo Michael Myers Adult Costume
sanju
04-04 03:30 PM
Your argument may be true only some extent. If you keep on asking more H1b and GC without meaningful reform of H1b then it won't sell in the congress and they will try to keep staus quo and you have to wait years to get gc. How do you resolve the problem of Cap reached within few days? Will congress accept unlimited H1bs? What is the solution for this?
Your posts seem to suggest that because we (collectively all of us on the forum) have not yet agreed to a �meaningful reform� of H-1b,that has prevented fixes to the green card process? Is that what has truly delayed fixing the current green card backlog?
Secondly, we do not have to choose between the one and the other i.e. we do not have to choose between supporting Durbin-Grassley bill and delay with the green card. Do you think that supporting Durbin-Grassley bill that contains absolutely nothing to fix green card delays will somehow speed up the green card process?
We (all of us when calling lawmakers) HAVE to differentiate between increase/decrease in H-1b and green card delays. H-1b is not our issue and we will be better of staying as far away from that issue as possible. If we have to call, then we should call in to support a bill that has our provisions, rather than a bill that has nothing for us or maybe stuff that would hurt us.
Your posts seem to suggest that because we (collectively all of us on the forum) have not yet agreed to a �meaningful reform� of H-1b,that has prevented fixes to the green card process? Is that what has truly delayed fixing the current green card backlog?
Secondly, we do not have to choose between the one and the other i.e. we do not have to choose between supporting Durbin-Grassley bill and delay with the green card. Do you think that supporting Durbin-Grassley bill that contains absolutely nothing to fix green card delays will somehow speed up the green card process?
We (all of us when calling lawmakers) HAVE to differentiate between increase/decrease in H-1b and green card delays. H-1b is not our issue and we will be better of staying as far away from that issue as possible. If we have to call, then we should call in to support a bill that has our provisions, rather than a bill that has nothing for us or maybe stuff that would hurt us.
more...
pictures by Michael Arruda and L. L.
waitin_toolong
10-03 01:52 PM
that is the only ption to continue L status..but remember u can not use h1b ..and u have to apply again for h1b in next year quota....
wrong there, once counted against cap she is exempt for 6 years. she can use this approval if working for same employe get it stamped and enter on H1 any time. Or apply for COS with any other employer sponsoring H1.
To answer the original questions only two options.
1) depart and reeneter using L1
2) apply for COS (but a long process)
wrong there, once counted against cap she is exempt for 6 years. she can use this approval if working for same employe get it stamped and enter on H1 any time. Or apply for COS with any other employer sponsoring H1.
To answer the original questions only two options.
1) depart and reeneter using L1
2) apply for COS (but a long process)
dresses Michael Myers Costume
abhijitp
07-25 12:43 PM
I think its arguable. The 6 months clock is defined by law. After that even if they issue an RFE on the old employer, assumption is ofcourse that your with a new employer, you can send the new employer's offer letter / AC21 invoked. so it shouldn't be an issue. USCIS can ask about the offer letter from the old employer as intial evidence, so have it available and send it later + new employment letter.
Thanks everyone for replying.
Good point, it is worthwhile pursuing the matter and getting the EVL as initial evidence. All I ask for is transparency, so if they tell me to sign a bond for this purpose, I am happier than if they beat around the bush and evade the issue!
Thanks everyone for replying.
Good point, it is worthwhile pursuing the matter and getting the EVL as initial evidence. All I ask for is transparency, so if they tell me to sign a bond for this purpose, I am happier than if they beat around the bush and evade the issue!
more...
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gc03
07-24 09:02 AM
I totally agree with you. Excellent point.
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frostrated
06-11 03:02 PM
As most of you know, Sen. Grassley has of late been advocating bills against the immigrant community. According to wikipedia, his approval rating is at 50% last year. He is up for re-election this year and his Democratic opponent is quite strong. If the Tea Party can help Republicans, so can we help the democratic candidate.
From wikipedia:
According to the nonpartisan Center for Responsive Politics, the industries that have been the largest contributors to Grassley during his political career are health professionals ($1 million in contributions), insurance industry ($997,674), lawyers/law firms ($625,543) and pharmaceuticals/health products ($538,680). His largest corporate donors have been Blue Cross Blue Shield insurance, Amgen biotech company and Wells Fargo bank.[39]
Looks like his main contributors are the very people that drove America to its current state by their greed for wealth and power. We can use this to spread the message that Sen. Grassley is not for the common people but for the large corporations that are out to get your money. The anti-incubment wave is also strong, and if we can vote him out, we can avoid many anti-immigrant bills to come. At the same time, we also need to get the other anti-immigrant senators out of power too and help those with positions to make America strong again. No more taking America backward, we must move it forward and so should we.
From wikipedia:
According to the nonpartisan Center for Responsive Politics, the industries that have been the largest contributors to Grassley during his political career are health professionals ($1 million in contributions), insurance industry ($997,674), lawyers/law firms ($625,543) and pharmaceuticals/health products ($538,680). His largest corporate donors have been Blue Cross Blue Shield insurance, Amgen biotech company and Wells Fargo bank.[39]
Looks like his main contributors are the very people that drove America to its current state by their greed for wealth and power. We can use this to spread the message that Sen. Grassley is not for the common people but for the large corporations that are out to get your money. The anti-incubment wave is also strong, and if we can vote him out, we can avoid many anti-immigrant bills to come. At the same time, we also need to get the other anti-immigrant senators out of power too and help those with positions to make America strong again. No more taking America backward, we must move it forward and so should we.
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jonty_11
09-10 03:08 PM
so this bill is dead?
pv2715
03-16 01:56 PM
It is the system which needs to be modified. I think the priority date should be decided based on one's first port of entry date. That will help eb-2 candidates a lot as most of us loose a minimum of 3 years(2 years in grad school and 1 on OPT).
desi3933
02-12 04:04 PM
Good to see your post. :) Your posts are very helpful and educational to IV members Thank you.
If someone thinks visas are being wasted please send us the proof and IV will take action.
Thanks Pappu.
Appreciate your kind words.
.
If someone thinks visas are being wasted please send us the proof and IV will take action.
Thanks Pappu.
Appreciate your kind words.
.
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