Znan
07-12 03:54 PM
Hope that is the case, thank you for the response...
I guess if you are assigned a visa number, they may put your case as pending new 140 approval. Ammendment may not take much time. So keep fingers crossed. Good Luck.
I guess if you are assigned a visa number, they may put your case as pending new 140 approval. Ammendment may not take much time. So keep fingers crossed. Good Luck.
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amitga
02-08 03:26 PM
What a waste of numbers.
paskal
07-03 03:51 PM
I did not read in detail this debate ..but I can say that many qualified and experienced people will not agree for the above ..esp if they have kids who go to school. for e.g. ..for me to do the above is not possible at all.
at the maximum, youngsters will do this once ..to get some American experience.
just imagine what the kid has to go through for such cases ..do schooling here for 4 years ..do schooling in India (find a school )..then the kid has to learn several languages, new system etc etc ..then comeback here and start school..almost impossible
and I think many sensible people will not do the above ..relocating to their own country or to go to a country (like canada) is much much better in these cases.
nixstor,
they have considerably raised the bar for EB1 A and EB1 b to discourage people applying, but I suspect that if you run a trend, EB1C is on the rise. I think you might be surprised about how often it does actually happen.
I half expect EB1 to be retrogressed at some point. There is a big backlog of pending !40's in EB1- NSC is running over a year behind.
albertpinto:
it's a whole of 365 days. people do it, i have seen it happen. what makes you think a big multinational has to send you to india? you could go to a european office, your family could stay behind, you could be sent to an english speaking country, kids could be young enough...there are a million ways to deal with this inconveneience when the rewards are clear. even now, people in consulting travel all the time, they are hardly home, so what's the huge difference in being across the pond (you get to travel back, your family gets to travel there)? sure, not for everyone, but when possible, this loophole is very much in use.
at the maximum, youngsters will do this once ..to get some American experience.
just imagine what the kid has to go through for such cases ..do schooling here for 4 years ..do schooling in India (find a school )..then the kid has to learn several languages, new system etc etc ..then comeback here and start school..almost impossible
and I think many sensible people will not do the above ..relocating to their own country or to go to a country (like canada) is much much better in these cases.
nixstor,
they have considerably raised the bar for EB1 A and EB1 b to discourage people applying, but I suspect that if you run a trend, EB1C is on the rise. I think you might be surprised about how often it does actually happen.
I half expect EB1 to be retrogressed at some point. There is a big backlog of pending !40's in EB1- NSC is running over a year behind.
albertpinto:
it's a whole of 365 days. people do it, i have seen it happen. what makes you think a big multinational has to send you to india? you could go to a european office, your family could stay behind, you could be sent to an english speaking country, kids could be young enough...there are a million ways to deal with this inconveneience when the rewards are clear. even now, people in consulting travel all the time, they are hardly home, so what's the huge difference in being across the pond (you get to travel back, your family gets to travel there)? sure, not for everyone, but when possible, this loophole is very much in use.
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purplehazea
06-12 12:01 PM
just to let you know, even with PD current people have to wait 60-360 days for approval by service center.
You cannot imagine what will happen to processing efficiency at USCIS with additional work.
You cannot imagine what will happen to processing efficiency at USCIS with additional work.
more...
ita
02-02 03:25 PM
desi3933,
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.
I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.
If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.
All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.
I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.
If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.
All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.
____________________
Not a legal advice.
US Citizen of Indian Origin
gk_2000
08-10 08:39 PM
I have no intention of playing spoilsport if you are taking some good faith initiative. In fact, if there is some campaign launched on this - I will probably even contribute (well - if you are doing something in good faith for a community then I have a moral obligation to support it if it is not harmful for the community).
However, this part "I would contend that this statement is on a year to year basis" souonds wishful to me based on my understanding of what the immigration law says. I spent some time going over the law a couple of years ago - so its possible that my memory may be failing me. If you can show some place in the Immigration law that actually supports this reinterpretation then I will correct myself.
You are absolutely right in pointing out the need to really see the law. I just dived into it. I will try to study it more thoroughly, as there are possibly multiple places we could explore in the language; not just this one. If I get more ideas I will come back and post them here.
I request all members to participate in the other thread discussing the various provisions of the INA
However, this part "I would contend that this statement is on a year to year basis" souonds wishful to me based on my understanding of what the immigration law says. I spent some time going over the law a couple of years ago - so its possible that my memory may be failing me. If you can show some place in the Immigration law that actually supports this reinterpretation then I will correct myself.
You are absolutely right in pointing out the need to really see the law. I just dived into it. I will try to study it more thoroughly, as there are possibly multiple places we could explore in the language; not just this one. If I get more ideas I will come back and post them here.
I request all members to participate in the other thread discussing the various provisions of the INA
more...
gvenkat
10-10 12:57 PM
Just to avoid all this , You can say I'm a US citizen and move on. They cannot ask for any verification can they?
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ujjwal_p
02-14 02:55 AM
1 Post WW-1 Germany started to prosper economically, Jewish people have significantly contributed to its development especially by intellectual activities and in knowledge based industry
People of Asian (mostly Indians and Chinese) origin have contributed significantly to the knowledge industry of US and enhanced its intellectual capital
Can we stop this bs please. Comparing the fate of us, high-tech, high earning, upper middle class folks with that of millions of people who were killed in Europe, Rwanda, Cambodia is ridiculous and insulting to say the least. Agreed the system is unfair but please let's not get over our heads. People still have the choice to work anywhere(mostly), have the same rights as anyone else, can buy a house, basically do whatever they want, as long as they don't break the law. Such superflous comparison is actually providing fantastic material to the anti-immigrants.
People of Asian (mostly Indians and Chinese) origin have contributed significantly to the knowledge industry of US and enhanced its intellectual capital
Can we stop this bs please. Comparing the fate of us, high-tech, high earning, upper middle class folks with that of millions of people who were killed in Europe, Rwanda, Cambodia is ridiculous and insulting to say the least. Agreed the system is unfair but please let's not get over our heads. People still have the choice to work anywhere(mostly), have the same rights as anyone else, can buy a house, basically do whatever they want, as long as they don't break the law. Such superflous comparison is actually providing fantastic material to the anti-immigrants.
more...
gc_chahiye
06-03 06:30 AM
check with your company attorneys, this is serious stuff.
From what I understand:
> 1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and
> the day I'm going to enter US so that I can stay in US for another 6 years on
> H1-B. Is my understanding correct?
correct. Technically your company can file a PERM LC right now, and you can start in October (so the year after, you can get an H1 extension based on this LC), however its much much better for you to maintain this gap and start a new H1 (its easier to change jobs when you are not dependent on extensions: you get 6 full years)
> 2) Is it OK to go for VISA staming before 6-Jan-08?
yes, stamping does not matter. You can get that done anytime though its recommended to get it done close (30-60 days) to your date of travel. If you get it done now, and travel on Jan 7th, make sure you carry an updated offer letter from your company in the US, reconfirming that the position is still open for you.
From what I understand:
> 1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and
> the day I'm going to enter US so that I can stay in US for another 6 years on
> H1-B. Is my understanding correct?
correct. Technically your company can file a PERM LC right now, and you can start in October (so the year after, you can get an H1 extension based on this LC), however its much much better for you to maintain this gap and start a new H1 (its easier to change jobs when you are not dependent on extensions: you get 6 full years)
> 2) Is it OK to go for VISA staming before 6-Jan-08?
yes, stamping does not matter. You can get that done anytime though its recommended to get it done close (30-60 days) to your date of travel. If you get it done now, and travel on Jan 7th, make sure you carry an updated offer letter from your company in the US, reconfirming that the position is still open for you.
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vandanaverdia
09-11 12:54 PM
The road to GC is not easy...
Support IV & come to DC!!
Lets get together & support a common cause...
Go IV!!!!
Support IV & come to DC!!
Lets get together & support a common cause...
Go IV!!!!
more...
ashkam
07-24 11:25 PM
If you were on OPT you will have Allien# but the EB Catogery gets an allien# after they apply for AOS.
The A# which is present both on the I-140 and the OPT EAD card.
The A# which is present both on the I-140 and the OPT EAD card.
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nojoke
09-18 12:10 AM
Omg, easy. This is embarrassing. You completely took it out of context. Its all good ok, its all good.
I will take it easy if you weren't intentionally insulting.
I will take it easy if you weren't intentionally insulting.
more...
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vandanaverdia
09-10 04:16 PM
Done... sent to some students I know... and asked them to spread the word too...
Good job yabadaba...
Good job yabadaba...
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BharatPremi
03-17 04:45 PM
The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
more...
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crazyghoda
01-30 11:31 AM
Hello all,
A few days ago I started a thread where laid off folks can post their qualifications and people who know of job openings can let them know.
Unfortunately, yesterday I received an email saying that an RFE was raised about my 485. My PD is Sept 2005 in EB3. WTH is my case being processed now? I saw in some other threads also that people with further off PDs are getting RFEs. Can someone shed some light on what the RFE may be about?
I used AC21 earlier last year after completing 180 days of filing 485 and got a new H1 approved. My 140 is approved and my previous employer has not revoked it. They only revoked the H1 and that too about 7 months ago. My new (now ex) employer hasnt revoked my H1 yet.
How long does it take for the RFE to come? I suppose it will goto my old company's lawyer though they are nice folks and will let me know.
A few days ago I started a thread where laid off folks can post their qualifications and people who know of job openings can let them know.
Unfortunately, yesterday I received an email saying that an RFE was raised about my 485. My PD is Sept 2005 in EB3. WTH is my case being processed now? I saw in some other threads also that people with further off PDs are getting RFEs. Can someone shed some light on what the RFE may be about?
I used AC21 earlier last year after completing 180 days of filing 485 and got a new H1 approved. My 140 is approved and my previous employer has not revoked it. They only revoked the H1 and that too about 7 months ago. My new (now ex) employer hasnt revoked my H1 yet.
How long does it take for the RFE to come? I suppose it will goto my old company's lawyer though they are nice folks and will let me know.
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shyamkishore
02-07 07:05 PM
My Dear IV Members,
I would like to open up my house for IV members during the advocacy days. I live in Herndon, VA about 25 miles from DC. I can accommodate up to 3 or 4 members if they can manage. DC is pretty much commutable from my house using the public transport.
Due to my work situation at present I am not sure if I will be able to participate actively. But I will be trying my best to at least make it for a day.
Regards,
Shyam
I would like to open up my house for IV members during the advocacy days. I live in Herndon, VA about 25 miles from DC. I can accommodate up to 3 or 4 members if they can manage. DC is pretty much commutable from my house using the public transport.
Due to my work situation at present I am not sure if I will be able to participate actively. But I will be trying my best to at least make it for a day.
Regards,
Shyam
more...
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whitecollarslave
01-18 01:36 PM
Talking about ID cards, wouldn't a driver's license be a proof of legal stay? With the new rules they check for immigration status before issuing a drivers license. People who are tourists or visitors will not have a US state issued drivers license.
In my case, my driver's license is valid till my H1 validity.
In my case, my driver's license is valid till my H1 validity.
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pointlesswait
07-28 12:45 PM
I would recommend each and everyone...be it a believer or a non-believer..
to read the book by Richard Dawkins: The God Delusion..
If u have even an iota of rationality ..you will appretiate the beauty of his argument...This book is a must read for every mortal...
You can get a "used" copy on amazon for 3$...please..i beg u guys to read it!
to read the book by Richard Dawkins: The God Delusion..
If u have even an iota of rationality ..you will appretiate the beauty of his argument...This book is a must read for every mortal...
You can get a "used" copy on amazon for 3$...please..i beg u guys to read it!
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webm
06-06 02:16 PM
Congrats!! bodhi_tree
alex99
10-12 01:47 PM
Hi Friends,
Please participate in this Eb3 Poll so that we would have some idea on Eb3 numbers from ImmigrationVoice members.
Thanks & Regards,
Alex
Please participate in this Eb3 Poll so that we would have some idea on Eb3 numbers from ImmigrationVoice members.
Thanks & Regards,
Alex
gc03
07-24 03:36 PM
Mr. Gonz�lez,
I have a question on retrogression in Employment Based (EB) Visas. I am in the USA LEGALLY for the past 7 + years and am still waiting for my Green Card (Permanent Residency) in the employment based category. How long do I have to wait? With current retrogression of the dates, I cannot apply for adjustment of status for another 5 or more year. My green card process is going on and on for the past 4 + years. The situation is very disappointing one and all. My spouse is having Research Doctorate and waiting for my Permanent Residency to contribute to the economy and society.
My Question:
Is it possible to you allowing filing of I-485/EAD even if the visa number is not available? The Adjust Status of the case would obviously happen only after visa number becomes available.
Regards,
I have a question on retrogression in Employment Based (EB) Visas. I am in the USA LEGALLY for the past 7 + years and am still waiting for my Green Card (Permanent Residency) in the employment based category. How long do I have to wait? With current retrogression of the dates, I cannot apply for adjustment of status for another 5 or more year. My green card process is going on and on for the past 4 + years. The situation is very disappointing one and all. My spouse is having Research Doctorate and waiting for my Permanent Residency to contribute to the economy and society.
My Question:
Is it possible to you allowing filing of I-485/EAD even if the visa number is not available? The Adjust Status of the case would obviously happen only after visa number becomes available.
Regards,
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