mammoy2k
10-04 07:39 PM
Yates memo is clear on I-140 pending issue. If I-140 was approvable at the time of filing, you should be fine. With so many applications filed Jul2 onwards, I expect to see many people exercising this option.
Here is one thing one might do. Companies are reluctant to apply H-1b. So you can invoke AC21 and after you start with the new employer, start a fresh PERM and interfile. With NSC running almost a year late and TSC not reporting this time, situation is expected to get worse. If you do everything right, you should be able file a new I-140 (interfile) within 2.5 months.
Not necessarily true. Check the memo that is listed earlier in this thread. The question is if during the filing of I-140, if it was the intent of the employer filing the I-140 to employ the applicant, then the I-140 will be approved on its merit. But it does open up for an RFE.
As always, consult an attorney well versed in AC-21 matters.
Here is one thing one might do. Companies are reluctant to apply H-1b. So you can invoke AC21 and after you start with the new employer, start a fresh PERM and interfile. With NSC running almost a year late and TSC not reporting this time, situation is expected to get worse. If you do everything right, you should be able file a new I-140 (interfile) within 2.5 months.
Not necessarily true. Check the memo that is listed earlier in this thread. The question is if during the filing of I-140, if it was the intent of the employer filing the I-140 to employ the applicant, then the I-140 will be approved on its merit. But it does open up for an RFE.
As always, consult an attorney well versed in AC-21 matters.
wallpaper i love to write poems and sing
mariusp
07-16 09:11 PM
Mine reached on July 12 :D
pappu
12-10 02:31 PM
http://mumbai.usconsulate.gov/cut_off_dates.html
EB-2 moved by 1 month and 1 sec :D
EB-3 moved back by 15 days?? :rolleyes:
KLPD again... :mad:
What is KLPD
EB-2 moved by 1 month and 1 sec :D
EB-3 moved back by 15 days?? :rolleyes:
KLPD again... :mad:
What is KLPD
2011 love poems
vparam
08-21 01:00 PM
Nothing worry. My wife also got a new H1B to start from october 2007, she got her approval on april 12th 2007 ( fastest i guess after all the lottery fiasco but she has a US master) and now we filed our EAD in june 1st 2007, so we are planning to use just the EAD and not H1B
more...
sukhwinderd
10-08 04:21 PM
i was trying to read the law governing allocation of visas.
here is what i found.
source:
http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-290-0-0-1016.html
the above link is for INA 202 .. you can click previous document link to go to INA 201 and click next document link to go to INA 203.
INA 202 (a) (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.
granted some of us might have read this before, and it may not be as simple as it reads. just wanted to see if there are any merits to discuss this further. or hire an attorney to get his/her opinion on this.
here is what i found.
source:
http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-290-0-0-1016.html
the above link is for INA 202 .. you can click previous document link to go to INA 201 and click next document link to go to INA 203.
INA 202 (a) (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.
granted some of us might have read this before, and it may not be as simple as it reads. just wanted to see if there are any merits to discuss this further. or hire an attorney to get his/her opinion on this.
consult.richard
11-08 04:17 AM
Hello IV members. I have heard about this group and this is my first post. I recently wrote a letter to the president. I am unsure how much it will change the current EB3 retrogression, however I hope that things will start to change for the better. I'd like to share the letter with you here:
Dear President Obama,
Thank you for taking the time to read this letter as I am sure you receive many. I am writing to you in hopes of promoting change to an issue that is close to my heart, and I believe close to yours as well.
As of November 2009, the current visa bulletins show a backlog of green card approvals all the way back to June 2002 for the employment-based third priority applications (EB3).
The effects of these delays are significant. EB3 consists of many young graduates such as myself, who graduated at the top of our class, who had to compete above and beyond the qualifications of regular graduates at every step of the way, who, like many former immigrants who came to America to seek a better life, are forced to make tough decisions in the face of these long waiting times. Some of us have been laid off, only to be given unrealistically short timeframes to find another job or go back to our home countries after decades of living abroad. Many of us simply wait in fear. Fear of the unknown and what might happen to us in the long years to come. In some ways, these restrictions stagnant those who foster ideas of entrepreneurship by preventing career change, growth and the risk-taking nature of American entrepreneurship that so evidently fuels the spirit and prosperity of this economy.
Intel, eBay, Yahoo!, Sun Microsystems, Google and many other companies were all founded by immigrants who were welcomed by America. Over the last 15 years, foreign nationals have started 25 percent of U.S. venture-backed public companies, accounting for more than $500 billion in market capitalization and adding significant value to our economy. There is a wealth of talent and ambition hidden below the covers of these immigration laws.
I arrived in Boston when I was 16 and I still remember the day I graduated (I was 20 and still couldn�t have a drink because it was illegal!) in 2004. Last month I turned 26, and I realized that I have been here for over a decade. This is the longest I have lived in any country since being on many diplomatic missions around the world with my father. When you were young, your family also lived overseas, so I know you can relate to what it feels like to have a �home country� and to have a desire to prosper and pursue happiness there.
You once said among a crowd of young students that �here in America, you write out own destiny, you make our own future� and I hope that this can one day come true when college graduates can have a realistic goal of becoming permanent residences if they work hard and believe in all that this country has to offer. When you came to Google in 2007 you told us that you would support the H1b program as well as more and faster permanent residents for those who add value to this country. Many of us here at Google as well as beyond the valley were very excited, and we remain hopeful today.
A lot of people laughed when I said that I would send you a letter. They expect me to give up. They expect that you to not read this letter. They will expect that even if you do, nothing will change.
I would like to prove them wrong. I hope that if anything, this letter will allow for a moment of consideration for actions that will speed up processing times for employment based immigration, of which many of us have already sacrificed so much for.
Sincerely,
RW
Dear President Obama,
Thank you for taking the time to read this letter as I am sure you receive many. I am writing to you in hopes of promoting change to an issue that is close to my heart, and I believe close to yours as well.
As of November 2009, the current visa bulletins show a backlog of green card approvals all the way back to June 2002 for the employment-based third priority applications (EB3).
The effects of these delays are significant. EB3 consists of many young graduates such as myself, who graduated at the top of our class, who had to compete above and beyond the qualifications of regular graduates at every step of the way, who, like many former immigrants who came to America to seek a better life, are forced to make tough decisions in the face of these long waiting times. Some of us have been laid off, only to be given unrealistically short timeframes to find another job or go back to our home countries after decades of living abroad. Many of us simply wait in fear. Fear of the unknown and what might happen to us in the long years to come. In some ways, these restrictions stagnant those who foster ideas of entrepreneurship by preventing career change, growth and the risk-taking nature of American entrepreneurship that so evidently fuels the spirit and prosperity of this economy.
Intel, eBay, Yahoo!, Sun Microsystems, Google and many other companies were all founded by immigrants who were welcomed by America. Over the last 15 years, foreign nationals have started 25 percent of U.S. venture-backed public companies, accounting for more than $500 billion in market capitalization and adding significant value to our economy. There is a wealth of talent and ambition hidden below the covers of these immigration laws.
I arrived in Boston when I was 16 and I still remember the day I graduated (I was 20 and still couldn�t have a drink because it was illegal!) in 2004. Last month I turned 26, and I realized that I have been here for over a decade. This is the longest I have lived in any country since being on many diplomatic missions around the world with my father. When you were young, your family also lived overseas, so I know you can relate to what it feels like to have a �home country� and to have a desire to prosper and pursue happiness there.
You once said among a crowd of young students that �here in America, you write out own destiny, you make our own future� and I hope that this can one day come true when college graduates can have a realistic goal of becoming permanent residences if they work hard and believe in all that this country has to offer. When you came to Google in 2007 you told us that you would support the H1b program as well as more and faster permanent residents for those who add value to this country. Many of us here at Google as well as beyond the valley were very excited, and we remain hopeful today.
A lot of people laughed when I said that I would send you a letter. They expect me to give up. They expect that you to not read this letter. They will expect that even if you do, nothing will change.
I would like to prove them wrong. I hope that if anything, this letter will allow for a moment of consideration for actions that will speed up processing times for employment based immigration, of which many of us have already sacrificed so much for.
Sincerely,
RW
more...
krishnam70
03-26 01:05 AM
Thank you very much for the response. Yes, I have talked to an employer today...they seem to be willing. Ill have an interview on friday.
How do i convince the lawyers---in case i get hired---that I need the H1B transfer in PP and that the I-140 should be expidited too...Can you please give me a link or a website that indicates that its possible to:
1. Expedite I-140 ( and why I dont have much time)
2. That I can extend beyond 6 years if I-140 is approved.
The reason is that, i know of a person that process these visas and she seemed to not know that you can extend beyond 6 years if I-140 is approved. She sited an example about how a client had to go home because the GC isnt approved.
I am so thankful to the contributors of IV..i learned a lot here! You guys know more that some lawyers I know!---of course...im not saying I dont need lawyers--because I do. But it pays to be informed!!
God bless you all!!!
Anysia
1. First you need to make sure your occupation does not need a LCA certification which everybody here mentioned as PERM.
2. You need to make sure you qualify for this ( a.ka. your educational qualifications, experience etc match up to the requirements)
3. Find a good attorney( you always dont have to use the attorney your company chooses, you can negotiate with them to go for a better attorney). Any immigration attorney worth their salt would know that if you have an approved I140 then you can get extension on H1 beyond 6 yrs.
So get all the information in place first and go step by step. Make sure you are proactive with your application and follow up with your attorney at each step and make sure they filed your application in time so that you dont have to regret later.
good luck
- cheers
kris
How do i convince the lawyers---in case i get hired---that I need the H1B transfer in PP and that the I-140 should be expidited too...Can you please give me a link or a website that indicates that its possible to:
1. Expedite I-140 ( and why I dont have much time)
2. That I can extend beyond 6 years if I-140 is approved.
The reason is that, i know of a person that process these visas and she seemed to not know that you can extend beyond 6 years if I-140 is approved. She sited an example about how a client had to go home because the GC isnt approved.
I am so thankful to the contributors of IV..i learned a lot here! You guys know more that some lawyers I know!---of course...im not saying I dont need lawyers--because I do. But it pays to be informed!!
God bless you all!!!
Anysia
1. First you need to make sure your occupation does not need a LCA certification which everybody here mentioned as PERM.
2. You need to make sure you qualify for this ( a.ka. your educational qualifications, experience etc match up to the requirements)
3. Find a good attorney( you always dont have to use the attorney your company chooses, you can negotiate with them to go for a better attorney). Any immigration attorney worth their salt would know that if you have an approved I140 then you can get extension on H1 beyond 6 yrs.
So get all the information in place first and go step by step. Make sure you are proactive with your application and follow up with your attorney at each step and make sure they filed your application in time so that you dont have to regret later.
good luck
- cheers
kris
2010 Love poem by Oriza
gc03
05-25 07:29 AM
Faxed!!!
more...
kaushalrupani
07-13 07:49 AM
No, But I have received my I-94 change of Status from USCIS.
hair Photobucket. reply
STAmisha
02-18 02:23 PM
I'm also in the same boat (EB3 India). I became a Canadian PR in Dec 2006. I visited Toronto and it is a great place. I loved it (but not the cold ). My impression is apart from weather, it is a great place.
People told me that there are no jobs there.I tested the job market there.I put my resume in monster.ca and workopolis.com. I did not get many calls. However I potentially got 2 jobs (Halifax and Vancouver).During the same duration, I got literally hundreds of calls in USA. So job market for IT is "OK". But salaries are not very good.If you are not in "IT", please dont take this suggestion as I dont know anything
People told me that there are no jobs there.I tested the job market there.I put my resume in monster.ca and workopolis.com. I did not get many calls. However I potentially got 2 jobs (Halifax and Vancouver).During the same duration, I got literally hundreds of calls in USA. So job market for IT is "OK". But salaries are not very good.If you are not in "IT", please dont take this suggestion as I dont know anything
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Alabaman
05-05 02:24 PM
...but what about focusing on the two?? That will give us an option and by the time a decision is made on CIR we would know which one to continue with. A good way to get the word out is by emailing news stations. If we can all bombard them with emails, it would catch someones attention.
hot Poems Of Sadness, Love,
yabadaba
06-21 02:34 PM
i m in a similar boat...lawyer didnt say anything...so i dont think so.
its this wierd area where they say experience gained in a job cant be counted for the gc...it has to be when u joined the company.
so it cant work both ways.. we cant be in a catch 22 position
its this wierd area where they say experience gained in a job cant be counted for the gc...it has to be when u joined the company.
so it cant work both ways.. we cant be in a catch 22 position
more...
house hot Poems+about+love+and+pain
texanguy
05-08 07:05 PM
One cannot expect their employees to stay with them forever...Remember, most of the states have "at will" employment. It can be started and ended "at will" anytime by anybody for any reason (or NOT).
As to leaving in 3 months, that goes towards business risk. When companies hire new employees they take a business risk of losing them because of things out of their control. That is not and never should be a reason to show the ill intent of not paying the money that is earned.
MN007, your employer is expecting you to stay with him for years to come as he sponsored your H1B(probably your 1st h1b?) but is hurt by the fact that you you left him with in 3 months. He didn't incur any expense to sponsor you, so tell him to get over it (politely) and don't be afraid to standup for yourself if he doesn't budge. You have every legal right to demand your hard earned money. I don't recommend publishing the company's name in public message boards as it can come back and bite you in a law suit.
Go get him and don't forget to post the company's details after you have settled this. You have all our moral support.
As to leaving in 3 months, that goes towards business risk. When companies hire new employees they take a business risk of losing them because of things out of their control. That is not and never should be a reason to show the ill intent of not paying the money that is earned.
MN007, your employer is expecting you to stay with him for years to come as he sponsored your H1B(probably your 1st h1b?) but is hurt by the fact that you you left him with in 3 months. He didn't incur any expense to sponsor you, so tell him to get over it (politely) and don't be afraid to standup for yourself if he doesn't budge. You have every legal right to demand your hard earned money. I don't recommend publishing the company's name in public message boards as it can come back and bite you in a law suit.
Go get him and don't forget to post the company's details after you have settled this. You have all our moral support.
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mysterio_ray
11-26 04:04 PM
My h1b was up for renewal in October, but since I got me EAD I did not apply for my renewal. Do I need to fill in the I9 form and submitt to my employer now that I am on my EAD? can you pls give me some information on this. Thank you.
more...
pictures Poems+about+love+and+pain
GLIX
07-14 05:15 AM
Hi,
Can someone provide some advice as to whether or not I can move to a different company given that my labor cert is still in process and am already on an extended H1 visa?
Can the new company apply through PERM? My green card app was placed in 2003.
Or am I stuck with my current employer until my labor cert is approved and I140 applied for?
Thank you
Can someone provide some advice as to whether or not I can move to a different company given that my labor cert is still in process and am already on an extended H1 visa?
Can the new company apply through PERM? My green card app was placed in 2003.
Or am I stuck with my current employer until my labor cert is approved and I140 applied for?
Thank you
dresses LOVE POEMS Put the Romance
forgerator
03-18 05:34 PM
I have been throught the same phase, except that my wife entered US. If you are seeking additional 600$, it would have been wise filing through tax consultant. As one of the guy above pointed out, I believe you can not file if your wife has not entered US. It only costs around $100 to consult an attourney. I do not understand you asking your wife to fill entry dates. Is it the date she is going to enter US Or that you have just given a date? Providing misinformation might get you into trouble. Any ways, as you have already filed, good luck.
There was no date entered in those fields. They were filled in with n/a. Anyway I'm going to wait and see what they respond back with. If they come back and say tough luck then I guess no choice but to file single.
There was no date entered in those fields. They were filled in with n/a. Anyway I'm going to wait and see what they respond back with. If they come back and say tough luck then I guess no choice but to file single.
more...
makeup poems about love and pain.
coolpal
02-07 10:19 PM
Yes, senthil1 got his GC. He was a member of IV almost since the site formed... and yes, he is well known for the kind of feedback/advices/help he gives back to the community...
dude, senthil1, I am after all a noob, but seriously, do we need more pessimism in these times?
pal :)
dude, senthil1, I am after all a noob, but seriously, do we need more pessimism in these times?
pal :)
girlfriend poems about love and pain
uscis_lover
04-27 04:00 PM
Got my AP approved a few weeks ago from TSC. It took 81 days of processing time.
Thanks ! Looks like AP processing at TSC has really slowed down this year - It used to be between 30-60 days earlier based on my experience.
Thanks ! Looks like AP processing at TSC has really slowed down this year - It used to be between 30-60 days earlier based on my experience.
hairstyles articles on apr at Short
kaisersose
06-21 01:42 PM
I was laid off last week. Company said they will revoke H1 and I-140 after 60 days. Reason they are saying that they will revoke I-140 is because the I-140 is based on position. And because the position is not there any more they will revoke the underlying I-140. This will cause my I-485 to get rejected.My 180 days are over and I am in my 8th year extension. I tried to convince my company that the GC process is based on future position and it does not do them any harm to not revoke it. But they and their lawyers are arguing that the company does not want to take any liability and any chances for any future in case they dont revoke I-140 and it comes back to haunt them in anyway. And guess who their lawyers are, Fragomen. I want to try to stay on H1 as much as possible knowing that I will receive either NOID or a rejection of my I485 after my I-140 has been withdrawn. Whether I receive NOID or a direct rejection will depend on knowledge of IO.In any case I will have to fight it and make sure I am able to reopen it using MTR through a good lawyer. There are few options I am thinking.
Anyone who quits at the 485 stage ought to be prepared for the possibility of 140 revocation. The reason is, if they do not revoke it, CIS assumes the position will be available to the candidate after he gets his GC. So when they calculate ability to pay for future applications from the company, these dangling 140s will be counted too, which can be a problem for companies with not too much revenue.
1) Enter into consulting business through a good established consultant who can give me the AC21 letters. I intend to stay in same field of occupation as described in my labor but I will be working for a consultancy rather than full time. This way I can try to maintain my h1 as I will get a time to fight for MTR in case my I-485 gets rejected. But I am not sure if switching to consultanting from full-time is practical both from AC21 as well as career perspective?
There is no such thing as an AC21 letter. You just send a copy of the offer letter from the new employer and if CIS has questions, they will send you an RFE.
You do not need H1 to use MTR.
2) find a full-time new job within 60 days and either xfer H1 OR use EAD to switch. File AC21 and wait for my fate if I get NOID or rejection. I have heard that many times even after submitting proper AC21 docs, people get RFE or NOID. This is discussed in murthy website? Is this a better option than coming in consultancy? The only drawback of this is that if I get laid off from here I will not be able to stay on H1 and will have to switch to EAD.
Your H1 is all , but useless after 180 days of 485 filing. The reason why the job change update you send to CIS may not work is because as there is no specific form attached to it, it is treated as unsolicited mail and cast aside. So it is important to keep evidence that you did send them an update.
There is nothing to be upset about. Just change your job, send a copy of the offer letter to CIS and you are done. It is no longer necessry to maintain your H-1 as there is no benefit you get out of it.
Anyone who quits at the 485 stage ought to be prepared for the possibility of 140 revocation. The reason is, if they do not revoke it, CIS assumes the position will be available to the candidate after he gets his GC. So when they calculate ability to pay for future applications from the company, these dangling 140s will be counted too, which can be a problem for companies with not too much revenue.
1) Enter into consulting business through a good established consultant who can give me the AC21 letters. I intend to stay in same field of occupation as described in my labor but I will be working for a consultancy rather than full time. This way I can try to maintain my h1 as I will get a time to fight for MTR in case my I-485 gets rejected. But I am not sure if switching to consultanting from full-time is practical both from AC21 as well as career perspective?
There is no such thing as an AC21 letter. You just send a copy of the offer letter from the new employer and if CIS has questions, they will send you an RFE.
You do not need H1 to use MTR.
2) find a full-time new job within 60 days and either xfer H1 OR use EAD to switch. File AC21 and wait for my fate if I get NOID or rejection. I have heard that many times even after submitting proper AC21 docs, people get RFE or NOID. This is discussed in murthy website? Is this a better option than coming in consultancy? The only drawback of this is that if I get laid off from here I will not be able to stay on H1 and will have to switch to EAD.
Your H1 is all , but useless after 180 days of 485 filing. The reason why the job change update you send to CIS may not work is because as there is no specific form attached to it, it is treated as unsolicited mail and cast aside. So it is important to keep evidence that you did send them an update.
There is nothing to be upset about. Just change your job, send a copy of the offer letter to CIS and you are done. It is no longer necessry to maintain your H-1 as there is no benefit you get out of it.
nixstor
02-23 03:41 PM
4 pm Saturday, 02/24/07, World gate starbucks in Herndon
Worldgate Centre
13035 A Worldgate Drive
Herndon, Virginia 20170
703-481-2538
Worldgate Centre
13035 A Worldgate Drive
Herndon, Virginia 20170
703-481-2538
paskal
09-24 01:00 AM
More tristate volunteers who worked tirelessly in addition to paskal's list that need special mention
Nadiya Bhatt
Kranthi
Natrajs
Rajeev and Neeta
kumargn
Raj - singhsa3's personal friend
Sanjay Sood
dressking
Anonymous member who distributed flyers in Edison area
sorry folks...not intentional...some of you i met at the rally..nadiya i knew from before...thank you all...great job!!!
Nadiya Bhatt
Kranthi
Natrajs
Rajeev and Neeta
kumargn
Raj - singhsa3's personal friend
Sanjay Sood
dressking
Anonymous member who distributed flyers in Edison area
sorry folks...not intentional...some of you i met at the rally..nadiya i knew from before...thank you all...great job!!!
