supers789
11-22 10:28 AM
Ok. Here is a question I have.
I know one can get 3 years extensions once 140 is approved even with previous employer. The question is -
Assume EB2 140 is approved for previous employer has PD June 2004, and then one changes the job. By the time his 6 years of H1B gets over, June 2004 becomes current. Now the person cannot file 485 since 140 was approved for old employe whom he has left an year back. Will the person still get 3 years of extension on H1B?
I was thinking, u get 3 years extension due to retrogession.. so with the fact that PD is current, how will you still get 3 years of extension?
Thanks.
I know one can get 3 years extensions once 140 is approved even with previous employer. The question is -
Assume EB2 140 is approved for previous employer has PD June 2004, and then one changes the job. By the time his 6 years of H1B gets over, June 2004 becomes current. Now the person cannot file 485 since 140 was approved for old employe whom he has left an year back. Will the person still get 3 years of extension on H1B?
I was thinking, u get 3 years extension due to retrogession.. so with the fact that PD is current, how will you still get 3 years of extension?
Thanks.
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xela
03-19 10:33 AM
I assume there are more people like me out there that originally filed in 2003 or 2002 for ROW EB3 and then there came Perm
Since nobody had touched my 2003 file (backlog), my lawyer advised me that PERM would be a good way to go, it also would give me a chance to file with a new job descroption that fit my by now different position.
Bad thing was that she did not advise me to recapture my 2003 date but rather kept both applications in the running saying that we could cancel the 2003 when they finally got to it, which was June 2007 and at that point I could file in July for 485 with the Perm. Now my 2003 case was a regular one so we would have had to redo the hiring we did already for the perm.
I have this feeling there were many older backlogged cases that people ended up cancelling last year since their PERM ones are further along and they did not want to go through any more hiring processes or lawyers payments. Or because they gave up?
Since nobody had touched my 2003 file (backlog), my lawyer advised me that PERM would be a good way to go, it also would give me a chance to file with a new job descroption that fit my by now different position.
Bad thing was that she did not advise me to recapture my 2003 date but rather kept both applications in the running saying that we could cancel the 2003 when they finally got to it, which was June 2007 and at that point I could file in July for 485 with the Perm. Now my 2003 case was a regular one so we would have had to redo the hiring we did already for the perm.
I have this feeling there were many older backlogged cases that people ended up cancelling last year since their PERM ones are further along and they did not want to go through any more hiring processes or lawyers payments. Or because they gave up?
nat23
06-12 03:01 PM
I think the whole discussion can be summed up in the following manner: The CIR in its present form does more harm to us than good. If we can manage to get a favourable amendment attached then we are in good shape else we are in trouble.
People might approach the issue in different ways:some might want to take a chance and work on it to get an admendment and some might not want to support it fearing an amendment wont be possible.
People might approach the issue in different ways:some might want to take a chance and work on it to get an admendment and some might not want to support it fearing an amendment wont be possible.
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angelfire76
09-28 04:33 PM
Having worked for short periods of time in Germany and Netherlands, I would say that they very much make you feel that you are a foreigner, you can never fit in and are most unwelcome in the country. What irked me is the attitude that they will take your money gladly but don't want you there.
In fact when I was looking for accomodation in Stuttgart the first thing the landlords asked me was "When are you going to leave?".
The US may have it's faults, but I've never been asked that question by property owners, only by consulate officers.
No thanks, I would rather move back to India than work as a third-class citizen in Europe. :mad:
Somebody said our own Asian migrants are against us. I can see their viewpoint. We are perceived to pose a threat to the well-being of their children and they do have a sense of entitlement just because they happened to come here earlier. Can't change that attitude. We can also see that in some people who haven't yet got their green cards or are newly minted resident "aliens". E.g. Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc. Did we ever stop and think that the system does not even need to play "Divide and Conquer" in a house already divided?
I frankly think that to an average joe in the US all of us are just another brown guy or chinaman etc. (apologies to the non Asian members of IV) and we don't need to feel that we are somehow superior to the other immigrant.
In fact when I was looking for accomodation in Stuttgart the first thing the landlords asked me was "When are you going to leave?".
The US may have it's faults, but I've never been asked that question by property owners, only by consulate officers.
No thanks, I would rather move back to India than work as a third-class citizen in Europe. :mad:
Somebody said our own Asian migrants are against us. I can see their viewpoint. We are perceived to pose a threat to the well-being of their children and they do have a sense of entitlement just because they happened to come here earlier. Can't change that attitude. We can also see that in some people who haven't yet got their green cards or are newly minted resident "aliens". E.g. Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc. Did we ever stop and think that the system does not even need to play "Divide and Conquer" in a house already divided?
I frankly think that to an average joe in the US all of us are just another brown guy or chinaman etc. (apologies to the non Asian members of IV) and we don't need to feel that we are somehow superior to the other immigrant.
more...
vin13
02-11 11:33 AM
The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
BharatPremi
03-12 02:06 PM
BharatPremi,
So you gave up H1B and moved onto EAD? Is it because the new employer is not interested in H1B transfer or some other reason?
Also, my I140 was approved in 2006 and I1485 filed in July last year (both with a large, well-known company). If I change employers now and work using EAD, are there any major issues that can arise? Like furnishing of audit reports, etc?
I tried to keep H1 but finally I had to gave it up as "For critical positions we hire EAD/GC holders- US Citizens only and thus we can not allow H1 transfer for this position".
I do not see any problem in your case based on the information what you gave here. Large companies - So must be having 3 years Audit reports - perhaps available publicly (In my case that is the case -- so virtually no risk).If you get new job offer letter with "Same job description" as one under which your gC filed - no problem - No gap in pay stubs .. Then go ahead and we will welcome you to EAD club.
So you gave up H1B and moved onto EAD? Is it because the new employer is not interested in H1B transfer or some other reason?
Also, my I140 was approved in 2006 and I1485 filed in July last year (both with a large, well-known company). If I change employers now and work using EAD, are there any major issues that can arise? Like furnishing of audit reports, etc?
I tried to keep H1 but finally I had to gave it up as "For critical positions we hire EAD/GC holders- US Citizens only and thus we can not allow H1 transfer for this position".
I do not see any problem in your case based on the information what you gave here. Large companies - So must be having 3 years Audit reports - perhaps available publicly (In my case that is the case -- so virtually no risk).If you get new job offer letter with "Same job description" as one under which your gC filed - no problem - No gap in pay stubs .. Then go ahead and we will welcome you to EAD club.
more...
abhijitp
07-24 07:59 PM
Folks,
Although i did not miss the EVL i sent an incomplete G325A form without the foreign address and the foreign occupation.
I already have an approved I-140. Can i send a updated G325A based on my A#? or should i wait for a RN and then send it.
My worry is what if i don't even get a RN and get a reject?
It seems there are quite a few folks here (including me) whose I-485 application missed out on some evidence or document. So far, no conclusive answer on what should be done. It may be worthwhile calling someone like Rajiv Khanna about this situation:rolleyes:
Although i did not miss the EVL i sent an incomplete G325A form without the foreign address and the foreign occupation.
I already have an approved I-140. Can i send a updated G325A based on my A#? or should i wait for a RN and then send it.
My worry is what if i don't even get a RN and get a reject?
It seems there are quite a few folks here (including me) whose I-485 application missed out on some evidence or document. So far, no conclusive answer on what should be done. It may be worthwhile calling someone like Rajiv Khanna about this situation:rolleyes:
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GCOP
10-15 03:25 PM
We are trying to achieve our objective for our Freedom by Getting Greencards. Many of us experience that, we are not totally free to change the job evenif there is AC21 provision. We also do not have same privileges as US Permanent Resident. Ask the people, many of them have been turned down the Loans. Quoting my own example, my son is not eligible for College Federal Education Grants (FAFSA and PELL Grant) eventhough we have been paying all the taxes since 8 years. Even I cannot get a Private Loan for him, as we do not have Greencards. So by all means, we are feeling helplessness , because of not having Greencard. I support the idea of ItIsNotFunny. He should not be criticized for taking initiative or just for suggesting. We cannot succeed in getting any Legislation passed, is a different issue But We should always try. Who knows, we may find ourselves successful in one of our attempts.
more...
gvenkat
10-20 09:24 AM
Mccain is suportive to immigration yes. But not to legal but illegal. And there will be too m any distractions under his regime the 100 yer war in iraq and a new war in IRan that this will be in the back burner and the economy going down and us losing jobs so that we dont have to worry about GC. :mad::mad::mad:
Wake up US needs a change.. didnt we have a republican president for the last 8 yeras.. didnt the retrogession happen during that time.. so what we need is chnage and thigns will fall in place.. although Obama might not be pro-immigration we might have some transparency...
Wake up US needs a change.. didnt we have a republican president for the last 8 yeras.. didnt the retrogession happen during that time.. so what we need is chnage and thigns will fall in place.. although Obama might not be pro-immigration we might have some transparency...
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delax
07-14 08:01 PM
Yes. I VOLUNTARILY exclude myself from any such potential benefit. :)
I am surprised by the defence of this lawfirm in most of your posts on this forum.
And I am surprised by you using a contribution to Immigrationvoice as the only yradstick for working towards immigrant "rights"
By that yardstick neither of us can proclaim ourselves as being working towards immigrant "rights".
Note the quotes - a privilege cannot be a right. DUE PROCESS is your right towards attaing that privilege - we need to focus on that - not on what Murthy does or does not do or even more importantly what you expect her to do or not to do.
I am surprised by the defence of this lawfirm in most of your posts on this forum.
And I am surprised by you using a contribution to Immigrationvoice as the only yradstick for working towards immigrant "rights"
By that yardstick neither of us can proclaim ourselves as being working towards immigrant "rights".
Note the quotes - a privilege cannot be a right. DUE PROCESS is your right towards attaing that privilege - we need to focus on that - not on what Murthy does or does not do or even more importantly what you expect her to do or not to do.
more...
kondur_007
04-09 06:22 PM
This is an "Ouch..." visa bulletin.
Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...
However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.
EB1 used up all its numbers last year and we dont know what will happen this year.
EB2 ROW usage looks low, but then again no movement in EB2 India...
Patience and persistence....
Good Luck to all of us.
Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...
However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.
EB1 used up all its numbers last year and we dont know what will happen this year.
EB2 ROW usage looks low, but then again no movement in EB2 India...
Patience and persistence....
Good Luck to all of us.
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ajthakur
07-14 06:54 PM
So whether you receive RFE, NOID depends on adjudicator instead of USCIS rules.
Yes. However, on the flip side, if the 140 withdrawel letter was dated within 180 days of 485 pending, your 485 will be denied no matter what RFE or NOID. Few good adjudicaters may send RFE in stead of NOID/direct denial.
Yes. However, on the flip side, if the 140 withdrawel letter was dated within 180 days of 485 pending, your 485 will be denied no matter what RFE or NOID. Few good adjudicaters may send RFE in stead of NOID/direct denial.
more...
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raj2007
12-20 08:33 PM
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
You are OK.. they problem should have come in 2002 when you changed ur H1B not now and max they will ask for 3 year W2. Don't worry..everything is fine.
You are OK.. they problem should have come in 2002 when you changed ur H1B not now and max they will ask for 3 year W2. Don't worry..everything is fine.
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new_horizon
03-17 11:00 AM
the only good thing I see there are families in which both husband and wife filed separate GC petition. When one's gc process goes thru completion, the other petition will be withdrawn from the queue. : )
hope there are more cases like that.
hope there are more cases like that.
more...
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delhirocks
07-28 03:02 PM
Its amazing how the self proclaimed defenders of Hinduism think that the religion is so fragile. Last I checked Hinduism is known to be >5000 years old, withstood countless aggressors/forced conversions for over 1000s of years, absorbed various cultures and ethnicities to remain one of the dominant religions in the world.
Its asinine to think that the religion/culture that withstood Aurangzeb will be diminished by a freakin IPA.
It is my view that folks who get offended by something as trivial as this, are reflecting their own insecurities or even their lack of faith in something they have been led to believe in.
Its asinine to think that the religion/culture that withstood Aurangzeb will be diminished by a freakin IPA.
It is my view that folks who get offended by something as trivial as this, are reflecting their own insecurities or even their lack of faith in something they have been led to believe in.
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Macaca
01-30 07:03 PM
Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.
Is this a new rule? I have paid for my H1 with a check to INS (before name changed to USCIS). I think everyone else paid for H1 with pay check to INS. I was also supposed to pay for (non-company) lawyer fees for GC.
Is this a new rule? I have paid for my H1 with a check to INS (before name changed to USCIS). I think everyone else paid for H1 with pay check to INS. I was also supposed to pay for (non-company) lawyer fees for GC.
more...
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anurakt
12-26 09:01 AM
I agree with this, we should also crate a section in craiglist for our area and put it....It's free and people do look at the postings....
Craiglist is one of the best websites for local promotions.
??
Craiglist is one of the best websites for local promotions.
??
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gimme_GC2006
07-15 11:09 AM
wow this interesting so they are looking at cases which are current for August ...:)...
did you change your address recently ??
When did you get The Call.
Thanks
No changes in my status..not even phone company. :D
It is not the first time we got call..our case have been moved to Local office sometime in 2008..since then we got calls few times..asking for this document..that document..verification..saying we are consolidating etc etc...
Looks like they are doing something with cases for sure :cool:
did you change your address recently ??
When did you get The Call.
Thanks
No changes in my status..not even phone company. :D
It is not the first time we got call..our case have been moved to Local office sometime in 2008..since then we got calls few times..asking for this document..that document..verification..saying we are consolidating etc etc...
Looks like they are doing something with cases for sure :cool:
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ak27
01-03 11:35 AM
Hello Everyone,
Wish all of you very happy new year. So far, we have only six members on group. If I may have missed anyone, please send me an email ajay1857@gmail.com.
NJ chapter must be largest... Let us make it..
Thank you..
Wish all of you very happy new year. So far, we have only six members on group. If I may have missed anyone, please send me an email ajay1857@gmail.com.
NJ chapter must be largest... Let us make it..
Thank you..
pmb76
03-18 06:47 PM
Now for the rest of this year the EB2 queues for China and India are merged. Visa allocations will be solely based on Priority date. So for example if India has many priority dates that are before China's, India may end up getting more visa allocations. The same holds true if China has earlier priority dates than India does. That's how I inderstood it and I thought I would try to explain it to some who did not. Otherwise sorry for stating the obvious.
dvb123
02-03 10:03 AM
I cannot post the company name here because it maybe a copyright issue. A consulting company advertises ROW guys/gals to join their company .It tells a story about a ROW guy who worked in a fortune 500 company for 5 years but they did not file a green card for him. He joined SAGA and got his green card immediately and the whole process from PERM - GC card took less than 9 months.
I think his perm got cleared in less than 3 months and he must have filed i-140/i-485 concurrently. Thus he must have got a GC in 9 months.
Congratulations to XYZ for receiving his Green Card from XYZ as well. XYZ had applied for his labor on 1/30/2007 and received his final Green Card approval on 9/13/2007- that is less than 9 months. His case was filed under the EB2 category. He is a citizen on South America who was working for IBM for 5 years and was no where with his Green Card with the them. He then made a transition to XYZ and we filed his case immediately and today his final stage, I-485, has been approved as well.
I think his perm got cleared in less than 3 months and he must have filed i-140/i-485 concurrently. Thus he must have got a GC in 9 months.
Congratulations to XYZ for receiving his Green Card from XYZ as well. XYZ had applied for his labor on 1/30/2007 and received his final Green Card approval on 9/13/2007- that is less than 9 months. His case was filed under the EB2 category. He is a citizen on South America who was working for IBM for 5 years and was no where with his Green Card with the them. He then made a transition to XYZ and we filed his case immediately and today his final stage, I-485, has been approved as well.
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