wonderlust
10-04 11:50 PM
I believe it is random and chaotic. WORSE, we have been powerless to control or improve it. That is why we need to work together and make our voice heard!
Wonderlust
I am sure you are a latest filers...so just relax and forget abt it for many yrs to come unless there is a serious effort by the Govt. to reduce backlog...till then elax and dotn let your blood boil over it leading to deterioration in health and wealth....
NJOY !!!
Wonderlust
I am sure you are a latest filers...so just relax and forget abt it for many yrs to come unless there is a serious effort by the Govt. to reduce backlog...till then elax and dotn let your blood boil over it leading to deterioration in health and wealth....
NJOY !!!
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cdeneo
04-02 10:31 PM
The new employer does need to support you thru the GC process, again unclear if this is something that is needed in the AC21 letter or not.
The main thing per my understanding is that AC21 does not apply to contract positions - one would hope that the previous employer does not revoke the I-140 petition causing a NOID/RFE.
My question still stands - if the sponsoring employer revokes the approved I-140 petition post 180 days of 485 filing - this would cause problems if the person has taken up a contract position on EAD unless one can respond to the NOID/RFE stating a full time offer in hand for future employment, etc.
It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
The main thing per my understanding is that AC21 does not apply to contract positions - one would hope that the previous employer does not revoke the I-140 petition causing a NOID/RFE.
My question still stands - if the sponsoring employer revokes the approved I-140 petition post 180 days of 485 filing - this would cause problems if the person has taken up a contract position on EAD unless one can respond to the NOID/RFE stating a full time offer in hand for future employment, etc.
It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
kola
05-04 01:48 PM
Hi Madhuri,
Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.
Any help is greatly appreciated.
Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.
Any help is greatly appreciated.
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Illuminae
06-05 12:48 PM
i was sending out a resume today, and i was EVER so tempted to stick this site in my portfolio..
then i realized i really need this job despite the enourmos amount of laughter i would get from the deal...
then i realized i really need this job despite the enourmos amount of laughter i would get from the deal...
more...
venky08
09-25 05:00 PM
you have till december to find a job. thats 2-3 months. put all your energy to find a new job and ask the new employer to file H1B. if you can find a job in a good company you will have another stab at it. stay away from consultancies this time if thats what causing the rejection...you need to elaborate more on your situation to exactly know what your options are (field of study/experioence etc)....
I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.
I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.
With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.
I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.
I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.
With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.
PierceG
05-31 05:06 PM
They're all very bad. Soul's is worst.
The music is great. I laughed and laughed.....
The music is great. I laughed and laughed.....
more...
harrydr
06-13 04:00 PM
BimmerFan, my wife is planning to apply for the med school and mostly the hospitals tend to apply for J visa instead of H1-B. Of course my preference is to get H1-B for her to avoid the J1 waiver process and who knows how tough their policy might turn out to be once you apply.
From your expreince it seems like you have lived this process inside out. Can you please PM me with your phone number so that i can have a more private correspondence with you. I would be greatly thankful to you for assisting me with this.
From your expreince it seems like you have lived this process inside out. Can you please PM me with your phone number so that i can have a more private correspondence with you. I would be greatly thankful to you for assisting me with this.
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jasmin45
02-26 01:20 PM
If you go out of US and while you are out, if your GC is approved, then you can reenter US with that GC only if you have an AP. If you re-enter US with your H4, then USCIS assumes that you are abandoning your GC...This is what my attorney told me. So, it's better to talk to your attorney before going out of US.
This is correct as per my understanding. As soon as your GC is approved you will need AP to re-enter US. IO at POE will have the information about your approved GC. I do not think he will allow you to enter on H4 after the GC Approval.
This is just my understanding. Check with a attorney to get precise information.
This is correct as per my understanding. As soon as your GC is approved you will need AP to re-enter US. IO at POE will have the information about your approved GC. I do not think he will allow you to enter on H4 after the GC Approval.
This is just my understanding. Check with a attorney to get precise information.
more...
ns007
06-15 10:44 AM
After reading the alert on immigration-law.com website I contacted my firm's attorney. According to them they have requested 3yrs extension based on my approved I-140. Now since the dates are current, they may grant either 3yr or 1yr extension. But, they won't deny the h1 extension petition.
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
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LCtank
07-14 01:46 PM
This link didn't work for me either.
Nobody knows much about when Skil bill will be debated. Webfaxes are a means to influence lawmakers to bring this to the floor of the house. Independent analaysis by a lawfirm based on collection of information from various sources indicates the chance that some business backed bill for high skilled immigrants will be passed this year. There is a 45% chance that it will get passed early next year. You can view details on this link.
http://photos1.blogger.com/blogger/7644/2582/1600/chart_alert7.11.2006.gif
Nobody knows much about when Skil bill will be debated. Webfaxes are a means to influence lawmakers to bring this to the floor of the house. Independent analaysis by a lawfirm based on collection of information from various sources indicates the chance that some business backed bill for high skilled immigrants will be passed this year. There is a 45% chance that it will get passed early next year. You can view details on this link.
http://photos1.blogger.com/blogger/7644/2582/1600/chart_alert7.11.2006.gif
more...
sunny1000
04-20 03:09 PM
I-94 also does not have the date written
In that case, here is the relevant Q&A in the www.cbp.gov website. Hope it helps:
Q: How do I correct an Arrival-Departure Record reflecting an incorrect admission classification, biographical information or period of admission?
A: U.S. Customs and Border Protection (CBP) will review and issue the necessary documents to remedy errors recorded on the Arrival-Departure Record at the time of entry to the United States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission, if appropriate.
Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued. In many instances, the location of your final destination where the discrepancy will be resolved may not be the port of your first arrival into the United States. Travelers are encouraged to contact sites not located within an international airport to establish an appointment, if necessary. Mail-in procedures are not available.
Currently, there is not an approved form to request the correction of inaccurate information recorded on the CBP Form I-94 or I-95 at the time of entry into the United States. You will need to bring the questionable CBP Form I-94 or I-95 and documentation to support the claim that the form was not properly annotated. For example, present a passport and visa to justify an incorrect visa classification or an approved petition to support an incorrect admission period. A fee will not be assessed.
The CBP offices within the international airports and deferred inspection locations are only authorized to correct errors that occurred at the time of arrival. Requests to replace the CBP Form I-94 or I-95 that has been lost, stolen or mutilated must be filed with USCIS.
Authorized stays that were limited at the port of first arrival by supervisory authorization as noted on the reverse side of the CBP Form I-94 will not be corrected. Under these circumstances, you will be required to file an Application to Extend/Change Nonimmigrant Status, Form I-539, with USCIS.
In that case, here is the relevant Q&A in the www.cbp.gov website. Hope it helps:
Q: How do I correct an Arrival-Departure Record reflecting an incorrect admission classification, biographical information or period of admission?
A: U.S. Customs and Border Protection (CBP) will review and issue the necessary documents to remedy errors recorded on the Arrival-Departure Record at the time of entry to the United States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission, if appropriate.
Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued. In many instances, the location of your final destination where the discrepancy will be resolved may not be the port of your first arrival into the United States. Travelers are encouraged to contact sites not located within an international airport to establish an appointment, if necessary. Mail-in procedures are not available.
Currently, there is not an approved form to request the correction of inaccurate information recorded on the CBP Form I-94 or I-95 at the time of entry into the United States. You will need to bring the questionable CBP Form I-94 or I-95 and documentation to support the claim that the form was not properly annotated. For example, present a passport and visa to justify an incorrect visa classification or an approved petition to support an incorrect admission period. A fee will not be assessed.
The CBP offices within the international airports and deferred inspection locations are only authorized to correct errors that occurred at the time of arrival. Requests to replace the CBP Form I-94 or I-95 that has been lost, stolen or mutilated must be filed with USCIS.
Authorized stays that were limited at the port of first arrival by supervisory authorization as noted on the reverse side of the CBP Form I-94 will not be corrected. Under these circumstances, you will be required to file an Application to Extend/Change Nonimmigrant Status, Form I-539, with USCIS.
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meridiani.planum
04-06 02:34 AM
inline...
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
-- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
--what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?
>> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
--Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
-- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
Here's a link to, and info from the USCIS memo:
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
words, from the new company/employer to which someone has
ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.
agree with the rest of your post.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
-- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
--what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?
>> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
--Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
-- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
Here's a link to, and info from the USCIS memo:
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
words, from the new company/employer to which someone has
ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.
agree with the rest of your post.
more...
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SU1979
10-09 12:37 PM
I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
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raju123
05-15 10:45 AM
^^^^^ Please vote here
Only 215 votes for EB2 India?
Assuming an equal number for EB3 India, EB2 China, and EB3 China, we have a total of 856 people who have applied for PD?
We have more than 8000 members, so are we to assume the 7000 and odd members are ROW?
Something doesn't add up.
Can ROW people please have a poll for yourselves?
Only 215 votes for EB2 India?
Assuming an equal number for EB3 India, EB2 China, and EB3 China, we have a total of 856 people who have applied for PD?
We have more than 8000 members, so are we to assume the 7000 and odd members are ROW?
Something doesn't add up.
Can ROW people please have a poll for yourselves?
more...
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tonyHK12
01-06 01:35 PM
Yes I always thought DV lottery was a scam which does nothing to increase diversity.
Yearly 50,000 lottery winners without any skill requirements get a GC, Also only about 50,000 high skilled immigrants with their family get a GC.
great so these two are equally important, lottery and high skills.
Of course maybe EB2 and EB3 got their degrees and US jobs by luck and gambling without any skills.
Life is also always about both skills and luck
so it makes sense there should be a 50,000 Green card lottery too.
looks like a tough road for this Bill.
PS: 1 EB immigrant = 2.25 visas
Yearly 50,000 lottery winners without any skill requirements get a GC, Also only about 50,000 high skilled immigrants with their family get a GC.
great so these two are equally important, lottery and high skills.
Of course maybe EB2 and EB3 got their degrees and US jobs by luck and gambling without any skills.
Life is also always about both skills and luck
so it makes sense there should be a 50,000 Green card lottery too.
looks like a tough road for this Bill.
PS: 1 EB immigrant = 2.25 visas
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clifford
02-02 06:30 PM
A good business man cares only about profit. Recently US announced that it will be selling arms to Pakistan and few days earlier it had announced that it will be selling billions worth of Arms to India.I think USCIS approved all the 65 K H1b applications in the current quota and now officials at the air port will be kicking back Indians at the port of entry. Creates good business for USCIS, shows airport officials are enforcing laws probably they need to hire more people and creates business for airliners etc, all seem to be benefiting a little bit.
H1B is favorite whipping boy for so many groups of people. Nobody has complaints against communists taking their jobs and making each and every damn thing which is in their home. It is like some so called red necks who will not buy Chinese made tv at walmart but will buy the same thing from a smaller shop thinking that they made a big difference. It pisses off many people that a guy who got educated in 3rd world and does not speak that smartly and probably does not look that smart is beating them at their own game against all the odds. Oddly I think that is what is AMERICAN SPIRIT.
H1B is favorite whipping boy for so many groups of people. Nobody has complaints against communists taking their jobs and making each and every damn thing which is in their home. It is like some so called red necks who will not buy Chinese made tv at walmart but will buy the same thing from a smaller shop thinking that they made a big difference. It pisses off many people that a guy who got educated in 3rd world and does not speak that smartly and probably does not look that smart is beating them at their own game against all the odds. Oddly I think that is what is AMERICAN SPIRIT.
more...
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CRAZYMONK
08-16 03:26 PM
There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.
But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.
Thanks,
Srikanth
Srikanth,
It all depends on the language in the Agreement that you signed. More over in some state doesn't consider these kind of agreements.
Tell him that you are going to complain to DOL if he threatens you. Even though he sues you, as the reason behind your H1 transfer is not getting paid in time, there are very good chances getting final verdict in your favor.
So don't worry.
But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.
Thanks,
Srikanth
Srikanth,
It all depends on the language in the Agreement that you signed. More over in some state doesn't consider these kind of agreements.
Tell him that you are going to complain to DOL if he threatens you. Even though he sues you, as the reason behind your H1 transfer is not getting paid in time, there are very good chances getting final verdict in your favor.
So don't worry.
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nixstor
12-01 02:48 PM
Guys,
Is it ok to have a title of Business Analyst and do software development? Programmer Analyst makes more sense for the position. Like wise Is it ok to have a programmer analyst title for a systems administrator? What kind of issues can one expect if the title and job duties/resume are not in sync?
Thanks
Is it ok to have a title of Business Analyst and do software development? Programmer Analyst makes more sense for the position. Like wise Is it ok to have a programmer analyst title for a systems administrator? What kind of issues can one expect if the title and job duties/resume are not in sync?
Thanks
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mhtanim
11-19 05:15 PM
My AP was approved for multiple trips. So I can use the 2 stamped AP as many times as I want. The officer told me that when I use the APs for my next trip then they are going stamp the same APs again. And that I will not need to submit anything on my next trip. It would be advisable to keep some photocopies of the AP just in case they ask for a copy.
I guess AP works like I-20s. When I came to the U.S. for the first time, the INS officer took one copy of my I-20 and stamped the other copy and gave it to me. I carried the same stamped I-20 multiple times to get into the U.S. They stamped on the same I-20 every time I got in.
I guess AP works like I-20s. When I came to the U.S. for the first time, the INS officer took one copy of my I-20 and stamped the other copy and gave it to me. I carried the same stamped I-20 multiple times to get into the U.S. They stamped on the same I-20 every time I got in.
pmb76
07-17 01:16 PM
DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.
Please have some patience. IV core are working professionals like you and me. This is not their full time job and they are doing this in their spare time. They will update us as soon as the news is out.
Please have some patience. IV core are working professionals like you and me. This is not their full time job and they are doing this in their spare time. They will update us as soon as the news is out.
logiclife
01-25 04:56 PM
TOI makes it sound as if Bush is dispatching Air Force 1 to India for a planeload of skilled desis and will issue them US passports at the port of entry.
:D :D :D
That's hilarious.
But fun aside, you're right. Times of India makes it sound as if H1Bs pretty much run everything and create everything and that H1Bs are like rockstars or something.
One reason I never read Times of India is that they somehow have figured out to beat pop-up blockers and my screen fills up with pop ups for airlines agents and phone cards and its really irritating.
Secondly, their content is becoming like a tabloid's content would be.
:D :D :D
That's hilarious.
But fun aside, you're right. Times of India makes it sound as if H1Bs pretty much run everything and create everything and that H1Bs are like rockstars or something.
One reason I never read Times of India is that they somehow have figured out to beat pop-up blockers and my screen fills up with pop ups for airlines agents and phone cards and its really irritating.
Secondly, their content is becoming like a tabloid's content would be.
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