gc_chahiye
02-17 09:41 PM
U r absolutely wrong. No matter how many years u had on ur H1B, but if u switch over to EAD, ur H1B is history. It just cannot be revived. If u r so in deeply love with H1B, then u will need to reapply and fall under the regular annual quota ...
can you post a link to some website to back up that statement?
From what I know if you were counted under the H1 quota in the last 6 years, you can get off H1 go to EAD and come back to H1 without the need of a new petiton and annual quotas etc:
http://www.shusterman.com/h1bfaqaila.html
2. Is someone who obtained H-1B status three years ago, but has not been maintaining status for the past year, still subject to the quota?
If the individual was in the U.S. during all or part of that year, s/he is not subject to the quota, since AC21 section 103 amends INA section 214(g)(7) to make clear that anyone who already has been counted in the past six years would not be counted again unless eligible for another full six years. However, if the individual had spent that one year outside the U.S., under INS regulations s/he is eligible for another 6 years of H-1B status, and thus would be counted.
can you post a link to some website to back up that statement?
From what I know if you were counted under the H1 quota in the last 6 years, you can get off H1 go to EAD and come back to H1 without the need of a new petiton and annual quotas etc:
http://www.shusterman.com/h1bfaqaila.html
2. Is someone who obtained H-1B status three years ago, but has not been maintaining status for the past year, still subject to the quota?
If the individual was in the U.S. during all or part of that year, s/he is not subject to the quota, since AC21 section 103 amends INA section 214(g)(7) to make clear that anyone who already has been counted in the past six years would not be counted again unless eligible for another full six years. However, if the individual had spent that one year outside the U.S., under INS regulations s/he is eligible for another 6 years of H-1B status, and thus would be counted.
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WeShallOvercome
11-05 12:59 PM
All of you who could not apply for your spouses for any reason and now facing retrogression:
Please Keep your spouse's application 100% ready with the exception of medical report before your date is officially current again and file it on the very first day that it is current.
==============
Example:
Your PD = May 2005 EB2
July 2008 bulletin is released on 15th June 2008 making your PD current starting July 1st.
You have about 15 days to prepare your spouse's application and also get his/her medicals done.
Send it out on June 30th to be delivered on early morning July 1st 2008.
This is to make sure the dependent's application reaches there BEFORE any chance of your application getting approved.
==============
If you miss it YOUR app is approved before your spouse's app is filed, you are in for some complications.....
I guess most of you already understand the importance of this, Just mentioning here for the benefit of those who don't..
==DO NOT GIVE USICS ANY CHANCE TO APPROVE YOUR APPLICATION BEFORE YOU FILE YOUR SPOUSE'S APPLICATION====
Please Keep your spouse's application 100% ready with the exception of medical report before your date is officially current again and file it on the very first day that it is current.
==============
Example:
Your PD = May 2005 EB2
July 2008 bulletin is released on 15th June 2008 making your PD current starting July 1st.
You have about 15 days to prepare your spouse's application and also get his/her medicals done.
Send it out on June 30th to be delivered on early morning July 1st 2008.
This is to make sure the dependent's application reaches there BEFORE any chance of your application getting approved.
==============
If you miss it YOUR app is approved before your spouse's app is filed, you are in for some complications.....
I guess most of you already understand the importance of this, Just mentioning here for the benefit of those who don't..
==DO NOT GIVE USICS ANY CHANCE TO APPROVE YOUR APPLICATION BEFORE YOU FILE YOUR SPOUSE'S APPLICATION====
indio0617
05-01 12:04 PM
If i check the dates for the I140 at Texas service center............. it say october, 2006............ but here we have few ppl who have been approved from november, februray,,,,,,,,,,,,,,
is it like something random, or USCIS holds a lottery ............. i am just curious........
Yes, It is definitely yet another lottery.
Only one thing seems predictable with USCIS. All processes are slipping into gross in-efficeiencies, be it LC, I-140, name checks, 485 or citizenship. We can also credit them with having invented a very infamous terminology "retrogression".
is it like something random, or USCIS holds a lottery ............. i am just curious........
Yes, It is definitely yet another lottery.
Only one thing seems predictable with USCIS. All processes are slipping into gross in-efficeiencies, be it LC, I-140, name checks, 485 or citizenship. We can also credit them with having invented a very infamous terminology "retrogression".
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GCOP
05-05 01:03 PM
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Subscription To Terms Amount
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Participated in Call Campaign to House Representatives for HR 5882
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johnamit
08-15 09:20 AM
Thanks for bringing this up and highlighting the issue.
The below quoted estimate is when we are assuming a perfect world, however I believe it will take longer than this.
• There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
The below quoted estimate is when we are assuming a perfect world, however I believe it will take longer than this.
• There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
tikka
07-08 10:17 PM
approached the consulate
In DC or wherever
In DC or wherever
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sumanitha
07-12 05:35 PM
Take one by one and try to answer properly.
1. What is CIS is returning visa #'s to DOS.?
There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.
2. How USCIS and Consulate can report unused Visa #'s?
You might be reading the I-485 rejection cases by CIS and Consulate
You might be hearing about USCIS is unable to process the applications received
You might be hearing people could not able to file whose cased were current in June.
All these Visa #'s are reported back
3. To me around 20000 such numbers are available for this years quota
4. Can my applications sneak into this #?
Answer is uncertain.
If your have an old priority dates then probability is high
If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.
5. What would August VB have?
If they do not approve any July2 filling then here is what they will do
a) Retain petition with old PD and adjust them in Aug
b) Reject all I-485 application for candidates recent PD
They are making a decision fast, that the reason Aug VB is not yet published
6. Will USCIS reverse the new decision?
Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.
7. How about Law suite?
:) Do not worry there is a slick chance. All govt depts. are inter related.
Don�t you think Justice dept does not know about this before issuing the reversal notification in July. All CIS communication also being forwarded to Justice dept.
State--> Immigration --> Justice are all same with different names.
I have no hope from this process. It's just building a fake hope.
8. People are still filling the application.
Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.
There is no guarantee that you will process your application from XYZ law firm in Oct.
If you file now through them, you are bonded with him until you hear some good news from CIS.
There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.
Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.
Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.
I dont think whatever you are saying is true...
State--> Immigration --> Justice are all same with different names.
Please be careful while you post since lot of people are viewing it.
1. What is CIS is returning visa #'s to DOS.?
There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.
2. How USCIS and Consulate can report unused Visa #'s?
You might be reading the I-485 rejection cases by CIS and Consulate
You might be hearing about USCIS is unable to process the applications received
You might be hearing people could not able to file whose cased were current in June.
All these Visa #'s are reported back
3. To me around 20000 such numbers are available for this years quota
4. Can my applications sneak into this #?
Answer is uncertain.
If your have an old priority dates then probability is high
If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.
5. What would August VB have?
If they do not approve any July2 filling then here is what they will do
a) Retain petition with old PD and adjust them in Aug
b) Reject all I-485 application for candidates recent PD
They are making a decision fast, that the reason Aug VB is not yet published
6. Will USCIS reverse the new decision?
Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.
7. How about Law suite?
:) Do not worry there is a slick chance. All govt depts. are inter related.
Don�t you think Justice dept does not know about this before issuing the reversal notification in July. All CIS communication also being forwarded to Justice dept.
State--> Immigration --> Justice are all same with different names.
I have no hope from this process. It's just building a fake hope.
8. People are still filling the application.
Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.
There is no guarantee that you will process your application from XYZ law firm in Oct.
If you file now through them, you are bonded with him until you hear some good news from CIS.
There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.
Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.
Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.
I dont think whatever you are saying is true...
State--> Immigration --> Justice are all same with different names.
Please be careful while you post since lot of people are viewing it.
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mdipi
10-20 09:44 PM
not bad at all, but the text sucks
:evil:
:evil:
more...
desi3933
03-02 10:17 AM
The answer is Yes & No. You are correct that CIS should only care of status from last entry on visa. But CIS does ask for all the documents from your first entry to US. Though you can always invoke 245(k) in case you have status issues that does not stop CIS from asking old documents
Well, please allow me make it clear. In order to request change or extension of status, the applicant must be maintaining visa status at time of the application. This is law. But status is defined from the moment one enter into the country. Whenever one enters on a visa status, previous visa status and details do not matter. They can not go back beyond date of entry.
By the way - section 245(k) does not apply to change/extension of status. It applies ONLY to employment based adjustment of status application (I-485).
Link to 245(k) memo (http://www.uscis.gov/files/nativedocuments/245%28k%29_14Jul08.pdf)
____________________
Not a legal advice
US citizen of Indian origin
Well, please allow me make it clear. In order to request change or extension of status, the applicant must be maintaining visa status at time of the application. This is law. But status is defined from the moment one enter into the country. Whenever one enters on a visa status, previous visa status and details do not matter. They can not go back beyond date of entry.
By the way - section 245(k) does not apply to change/extension of status. It applies ONLY to employment based adjustment of status application (I-485).
Link to 245(k) memo (http://www.uscis.gov/files/nativedocuments/245%28k%29_14Jul08.pdf)
____________________
Not a legal advice
US citizen of Indian origin
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bigboy007
10-30 07:08 PM
yes i did , but just asking as i am planning for applying hence thinking whether Drivers License required if so obviously addresses should match isnt?
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mdcowboy
02-25 06:28 PM
I would say .. they are already facing the consequences due to the acts they have committed. I don't see any need for bashing the OP or his friend.
This is a forum to help people who are in distress..not to make a mockery of their situation. When you post such insult, consider yourself in their shoes!
This is a forum to help people who are in distress..not to make a mockery of their situation. When you post such insult, consider yourself in their shoes!
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kondur_007
05-12 01:45 PM
The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2 (http://www.imminfo.com/Library/green_cards/EB/upgrading_eb3_eb2.html)
While it is true that majority of the time (when job titles and descriptions are substantially different) you need to new PERM; I know at least two cases who were able to port using the SAME labor and filed new I 140 under EB2. It all depends on original job description and language of original PERM vs new job description.
Bottom line: get a consultation from a good attorney before giving it up.
Good Luck.
While it is true that majority of the time (when job titles and descriptions are substantially different) you need to new PERM; I know at least two cases who were able to port using the SAME labor and filed new I 140 under EB2. It all depends on original job description and language of original PERM vs new job description.
Bottom line: get a consultation from a good attorney before giving it up.
Good Luck.
more...
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GCNirvana007
09-10 11:37 PM
Well VXG,
I know what you are saying about Biometrics...both of our biometrics were done at the same time ....in any case I can't challenge my attorney especially one which is the largest in Boston...we will wait for the FP and then bug him again...at least she is current next month too........
Well good luck with Lawrence Infopass.....strange place no parking ...had to park by a No parking sign where every other car was parked....the office is lush such a waste of public money.....and absolutely useless chaps....actually if I had got my lawyer;s mail an hour back I may not have made that long trip.....
Well Boston USCIS is no better we have experience over there too couple of years back....
Will have to go there again..not sure if Lawrence has Biometrics facility or not....
OOOOOOOOFFFFFFFfffff how much more can I bear..................
SoP
:p See what you got to deal with marriage, i am TOTALLY kidding
I know what you are saying about Biometrics...both of our biometrics were done at the same time ....in any case I can't challenge my attorney especially one which is the largest in Boston...we will wait for the FP and then bug him again...at least she is current next month too........
Well good luck with Lawrence Infopass.....strange place no parking ...had to park by a No parking sign where every other car was parked....the office is lush such a waste of public money.....and absolutely useless chaps....actually if I had got my lawyer;s mail an hour back I may not have made that long trip.....
Well Boston USCIS is no better we have experience over there too couple of years back....
Will have to go there again..not sure if Lawrence has Biometrics facility or not....
OOOOOOOOFFFFFFFfffff how much more can I bear..................
SoP
:p See what you got to deal with marriage, i am TOTALLY kidding
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leoindiano
06-30 05:07 PM
I am prepared to file around 15th. Not pushing my lawyer due to this madness. PD will come back into picture again irrespective what comes out on monday or tuesday.
Go & Chill
Go & Chill
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girishvar
08-12 07:13 AM
No
What if no birth certificate was available and we had submitted a non-availability certificate...will that lead into a RFE?
What if no birth certificate was available and we had submitted a non-availability certificate...will that lead into a RFE?
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Xipe Totec
03-01 06:42 PM
California used to finish the labor cert in 7-8 months even in 2004, 2005, just before BECs started.
I got my state labor approved and then it went to the San Francisco office in Dec 2004 and got it approved in June 2005. I am glad it didnt go to backlog center coz they were just starting up at the time.
Hmmm, then how come my labor filed in 2002, approved by SWA in 2003 was still pending when BECs were created (and then went to Philly to rot further)?
So no -- California DOL sucked big time (at least for cases filed from California, it was somewhat faster for Washington, Arizona, etc.)
I got my state labor approved and then it went to the San Francisco office in Dec 2004 and got it approved in June 2005. I am glad it didnt go to backlog center coz they were just starting up at the time.
Hmmm, then how come my labor filed in 2002, approved by SWA in 2003 was still pending when BECs were created (and then went to Philly to rot further)?
So no -- California DOL sucked big time (at least for cases filed from California, it was somewhat faster for Washington, Arizona, etc.)
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camilopino
01-08 04:48 PM
Well the processing times for my cathegory are January 07, which I supose means that there are five months later than my I485 receipt date: July 07. I suppose it will happen one day. Thanks!
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mohitb272
12-11 02:41 PM
hi mohit, my case is just the opposite, i joined as a Senior programmer, and my LC is filed as senior programmer and now I want to take up a job as a Business Analyst, not sure whether I can do it. See my case details in the signature. Thanks.
Hi there
I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.
Are there any other ways to make this possible?
Hi there
I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.
Are there any other ways to make this possible?
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mnq1979
10-22 03:50 PM
^^^^
logiclife
12-15 10:39 AM
This is actually good. this means that the company will not meddle in H1B and your papers and do whatever the lawyer says should be done.
That means that you have a chance to hire your own lawyer and establish contact between company and lawyer.
It may cost your some money to hire a lawyer, but trust me, having your own lawyer that is employed by you (rather than employer) is worth 10 times the lawyer's fees. Get a lawyer, ask your company to talk to that lawyer and follow his/her directions. All you company has to do is provide the paperwork.
Tell your company that its not a big deal and even 10-employee companies sponsor H1 and its a matter of paperwork.
That means that you have a chance to hire your own lawyer and establish contact between company and lawyer.
It may cost your some money to hire a lawyer, but trust me, having your own lawyer that is employed by you (rather than employer) is worth 10 times the lawyer's fees. Get a lawyer, ask your company to talk to that lawyer and follow his/her directions. All you company has to do is provide the paperwork.
Tell your company that its not a big deal and even 10-employee companies sponsor H1 and its a matter of paperwork.
chanduv23
07-15 06:47 AM
They do seem to have influenced their politicians. But major impact is from people like Ron Hira, Lou Dobbs etc... these are propoganda specialists. They preach hatred among skilled immigrants and wrongfully inculcate hatred in minds of people.
Offcourse Roy Beck and his organization also does the same think.
SO BASICALLY KKK IS BACK AND OPERATES UNDER COVER OF NUMBERSUSA, IEEEUSA, PG ETC...
Offcourse Roy Beck and his organization also does the same think.
SO BASICALLY KKK IS BACK AND OPERATES UNDER COVER OF NUMBERSUSA, IEEEUSA, PG ETC...
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