alien2006
08-30 02:37 PM
Hi,
I need some expert advice on my current situation. My six years of H1B will be completed this November 11th. My traditional labor is pending with BEC for a year, based on which we applied for extension and got approval for extension till Feb �08 (1 year extension + recapture time during past six years). This approved H1B extension is from 12th Nov. �06 to Feb. �08.
I am planning to change employer, new employer is willing to apply for PERM immediately � I was just waiting for this H1B extension approval.
My question is if I can transfer safely now or do I have to wait until Nov. 12th for the extended H1B become effective. If I apply for transfer say next week in Sept., can my present employer revoke the already approved H1B extension? If I do apply for transfer, is it safe to start working immediately or is it better to wait until approval of transfer?
My new employer wants me immediately and will start PERM process only after I joined (they are willing to give that assurance in the offer letter). I am also eager to join early so that I will be eligible for further H1B extension even if PERM+140 delays for some reason. My main worry is about my present employer (its another big company and they may not even care to trouble me but they go according to book in terms of immigration stuff and HR once mentioned that they promptly inform INS upon H1b terminations/transfers etc.) and if they can revoke my approved but not yet effective extension. Thanks for all comments and suggestions.
- nk2006
Once you have the approved extension of H1B you can freely move. Your old company cannot revoke your H1 extension. If I were you I would join the new company as soon as the new company receives receipt of for your H1 transfer. However, please consult a lawyer in this situation for obvious reasons.
I need some expert advice on my current situation. My six years of H1B will be completed this November 11th. My traditional labor is pending with BEC for a year, based on which we applied for extension and got approval for extension till Feb �08 (1 year extension + recapture time during past six years). This approved H1B extension is from 12th Nov. �06 to Feb. �08.
I am planning to change employer, new employer is willing to apply for PERM immediately � I was just waiting for this H1B extension approval.
My question is if I can transfer safely now or do I have to wait until Nov. 12th for the extended H1B become effective. If I apply for transfer say next week in Sept., can my present employer revoke the already approved H1B extension? If I do apply for transfer, is it safe to start working immediately or is it better to wait until approval of transfer?
My new employer wants me immediately and will start PERM process only after I joined (they are willing to give that assurance in the offer letter). I am also eager to join early so that I will be eligible for further H1B extension even if PERM+140 delays for some reason. My main worry is about my present employer (its another big company and they may not even care to trouble me but they go according to book in terms of immigration stuff and HR once mentioned that they promptly inform INS upon H1b terminations/transfers etc.) and if they can revoke my approved but not yet effective extension. Thanks for all comments and suggestions.
- nk2006
Once you have the approved extension of H1B you can freely move. Your old company cannot revoke your H1 extension. If I were you I would join the new company as soon as the new company receives receipt of for your H1 transfer. However, please consult a lawyer in this situation for obvious reasons.
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gvenkat
04-11 01:55 PM
I filed on July 27th 2007.
Received Date : July 28th 2007
Notice Date : Oct 1st 2007.
THey moved my case to Californiana and back to texas again....
Received Date : July 28th 2007
Notice Date : Oct 1st 2007.
THey moved my case to Californiana and back to texas again....
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intheyan
10-19 04:47 PM
Dhundhun,
Thanks Thanks Thanks a lot for this reply. I will communicate this to her. She will sure feel relaxed on hearing this.
Thanks Thanks Thanks a lot for this reply. I will communicate this to her. She will sure feel relaxed on hearing this.
more...
deer
11-05 03:55 PM
I will wait for the updates. Let me know if I can do something.
tdasara
05-12 04:31 PM
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
(2) APPLICABILITY- The amendment made by paragraph (1) shall apply to any visa application--
(A) pending on the date of the enactment of this Act; or
(B) filed on or after such date of enactment.
(b) Labor Certification- Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) in subclause (I), by striking `or' at the end;
(2) in subclause (II), by striking the period at the end and inserting `; or'; and
(3) by adding at the end the following:
`(III) has an advanced degree in the sciences, technology, engineering, or mathematics from an accredited university in the United States and is employed in a field related to such degree.'.
(c) Temporary Workers- Section 214(g) (8 U.S.C. 1184(g)) is amended--
(1) in paragraph (1)--
(A) by striking `(beginning with fiscal year 1992)'; and
(B) in subparagraph (A)--
(i) in clause (vii), by striking `each succeeding fiscal year; or' and inserting `each of fiscal years 2004, 2005, and 2006;'; and
(ii) by adding after clause (vii) the following:
`(viii) 115,000 in the first fiscal year beginning after the date of the enactment of this clause; and
`(ix) the number calculated under paragraph (9) in each fiscal year after the year described in clause (viii); or';
(2) in paragraph (5)--
(A) in subparagraph (B), by striking `or' at the end;
(B) in subparagraph (C), by striking the period at the end and inserting `; or'; and
(C) by adding at the end the following:
`(D) has earned an advanced degree in science, technology, engineering, or math.';
(3) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and
(4) by inserting after paragraph (8) the following:
`(9) If the numerical limitation in paragraph (1)(A)--
`(A) is reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to 120 percent of the numerical limitation of the given fiscal year; or
`(B) is not reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to the numerical limitation of the given fiscal year.'.
(d) Applicability- The amendment made by subsection (c)(2) shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date of enactment.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
(2) APPLICABILITY- The amendment made by paragraph (1) shall apply to any visa application--
(A) pending on the date of the enactment of this Act; or
(B) filed on or after such date of enactment.
(b) Labor Certification- Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) in subclause (I), by striking `or' at the end;
(2) in subclause (II), by striking the period at the end and inserting `; or'; and
(3) by adding at the end the following:
`(III) has an advanced degree in the sciences, technology, engineering, or mathematics from an accredited university in the United States and is employed in a field related to such degree.'.
(c) Temporary Workers- Section 214(g) (8 U.S.C. 1184(g)) is amended--
(1) in paragraph (1)--
(A) by striking `(beginning with fiscal year 1992)'; and
(B) in subparagraph (A)--
(i) in clause (vii), by striking `each succeeding fiscal year; or' and inserting `each of fiscal years 2004, 2005, and 2006;'; and
(ii) by adding after clause (vii) the following:
`(viii) 115,000 in the first fiscal year beginning after the date of the enactment of this clause; and
`(ix) the number calculated under paragraph (9) in each fiscal year after the year described in clause (viii); or';
(2) in paragraph (5)--
(A) in subparagraph (B), by striking `or' at the end;
(B) in subparagraph (C), by striking the period at the end and inserting `; or'; and
(C) by adding at the end the following:
`(D) has earned an advanced degree in science, technology, engineering, or math.';
(3) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and
(4) by inserting after paragraph (8) the following:
`(9) If the numerical limitation in paragraph (1)(A)--
`(A) is reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to 120 percent of the numerical limitation of the given fiscal year; or
`(B) is not reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to the numerical limitation of the given fiscal year.'.
(d) Applicability- The amendment made by subsection (c)(2) shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date of enactment.
more...
sparklinks
11-20 11:25 AM
Except via LONDON all airlines/airports accept AP.
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snvlgopal
06-16 12:52 AM
See http://immigrationvoice.org/forum/showthread.php?t=5186
Wow Thats great, Thanks x1050us
Wow Thats great, Thanks x1050us
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srgadi
08-01 05:47 PM
Moderator, Please close this stupid obsolete thread.
Obsolete? Or did you mean to say redundant? Know the difference?
Obsolete? Or did you mean to say redundant? Know the difference?
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arun397
11-28 05:28 PM
Thank you
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GCVictim
08-15 11:34 AM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html
Sorry..If I post late..
Sorry..If I post late..
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talash
08-26 08:06 PM
my I 140 was denied on april 18th but i didnt get denail notice till 13 of may .I had only 4 days to file MRT .Was denied on A2P reason .I believe my attorny overlooked the thingds .He sent sone old W2s from old employer whn my pay was one fourth of my pay in LS .MTR fild may 18th ,reciened may 29th and I 140 approved july 15th and 485 reopened same day .Onle update sad 485 reopned and we'll make decision in 30 days but almost 45 days have passed no update .My wifes application is with mine and she never got her FP fone and her 485 says same thing .
do u know how to contact these political people ?
appreciete ur responce
do u know how to contact these political people ?
appreciete ur responce
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mchip
06-29 10:22 PM
thanks you all for the good replies....
does talking to customer service rep help? I have heard some stories in the past where they could expedite the card production if the customer service rep is convinced of the need...any one recently had this experience?
does talking to customer service rep help? I have heard some stories in the past where they could expedite the card production if the customer service rep is convinced of the need...any one recently had this experience?
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krish2006
09-30 01:13 PM
Hey there,
I'm going through all that right now. I went to the Driver's License place last Wednesday and it was a pretty bad experience.
My license expires on 10/6 and my EAD on 11/5. But I already received my new EAD that expires on Nov 2012, so I was hoping that they would give me a new license good until Nov 2012 instead of 11/5/10.
So I hand both EAD cards to the woman behind the counter and she tells me they can't use the newer card because it's doesn't start until 11/5, which is ridiculous... so she tells me that I have to use my current, soon to expire EAD and then they will give me a license valid til 11/5. Then I would have to go and renew again using my new EAD. SO annoying. So she tells me to sit down that they are running my name on the computer. After a while she leaves the counter and tells me some other woman will call my name shortly.
After 20 minutes, this new lady calls my name and I have to go through the whole explanation again, and she ends up telling me that I should wait til 11/5 to renew my license. So I ask her, what am I supposed to do between 10/6 (my license exp date) and 11/5? She tells me she doesn't know, to just wait! I ask her if I"m supposed to be driving ilegally to go to work and she tells me she's not saying that I should drive. At that point I'm very upset and I tell her that there must be someone in that building that would know what to do with my case and she says she's the manager!!! Then she says that if she enters my new EAD on the System, that it would be rejected and that I would have to wait 30 days to try to reapply (???). So I told her to run my current EAD instead and she told me the system couldn't validate it either (ARGH!). Obviously, she wouldnt know (or tell me) why neither EAD cards would verify on the computer and gave me a SAVE paper telling me to come back and check again in a week.
So in a couple of days I'll be going back and see how it all continues.
VERY FRUSTRATING.
Sorry for the long post.
fixxer,
Did you call DMV? Did they give you any updates reg. SAVE verification of your EAD?
I'm going through all that right now. I went to the Driver's License place last Wednesday and it was a pretty bad experience.
My license expires on 10/6 and my EAD on 11/5. But I already received my new EAD that expires on Nov 2012, so I was hoping that they would give me a new license good until Nov 2012 instead of 11/5/10.
So I hand both EAD cards to the woman behind the counter and she tells me they can't use the newer card because it's doesn't start until 11/5, which is ridiculous... so she tells me that I have to use my current, soon to expire EAD and then they will give me a license valid til 11/5. Then I would have to go and renew again using my new EAD. SO annoying. So she tells me to sit down that they are running my name on the computer. After a while she leaves the counter and tells me some other woman will call my name shortly.
After 20 minutes, this new lady calls my name and I have to go through the whole explanation again, and she ends up telling me that I should wait til 11/5 to renew my license. So I ask her, what am I supposed to do between 10/6 (my license exp date) and 11/5? She tells me she doesn't know, to just wait! I ask her if I"m supposed to be driving ilegally to go to work and she tells me she's not saying that I should drive. At that point I'm very upset and I tell her that there must be someone in that building that would know what to do with my case and she says she's the manager!!! Then she says that if she enters my new EAD on the System, that it would be rejected and that I would have to wait 30 days to try to reapply (???). So I told her to run my current EAD instead and she told me the system couldn't validate it either (ARGH!). Obviously, she wouldnt know (or tell me) why neither EAD cards would verify on the computer and gave me a SAVE paper telling me to come back and check again in a week.
So in a couple of days I'll be going back and see how it all continues.
VERY FRUSTRATING.
Sorry for the long post.
fixxer,
Did you call DMV? Did they give you any updates reg. SAVE verification of your EAD?
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shanti
12-01 01:27 PM
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nath.exists
10-22 11:11 AM
I got married this month and my wife's country of birth is a non retrogress country. I have two questions regarding this process. Guys who have used cross chargeability pls help me answer these questions.
1.) Does my wife need to be in USA to file my 485 under cross chargeability. She will be able to come to USA after an year as she is doing her MD in Medicine in India. Notice that I will be filing only my 485 for now and not hers and is her presence required in the country as I am cross charging to her is the question.
2.)What are the documents of my spouse needed. Will marriage certificate and birth certificate be enough along with the documents typically needed for the applicant i.e. me or is anything else needed.
Thanks a Ton.
1.) Does my wife need to be in USA to file my 485 under cross chargeability. She will be able to come to USA after an year as she is doing her MD in Medicine in India. Notice that I will be filing only my 485 for now and not hers and is her presence required in the country as I am cross charging to her is the question.
2.)What are the documents of my spouse needed. Will marriage certificate and birth certificate be enough along with the documents typically needed for the applicant i.e. me or is anything else needed.
Thanks a Ton.
more...
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Ramba
06-03 10:55 PM
If the purpose of setting aside 90,000 visas is to clear backlogs enforcing the country cap means the backlogs will persist. It would be insane.
Yes. That is what it is. DOS/USCIS do not prefer couple of countries take entire visas. The problem is not the 7% quota. The problem is how they are interpreting and implementing. They took a stand that, untill world wide demand for EB visas are less than available numbers, the country quota will strictly enforced. They do not care preference catagories. For example, in EB2, India and China are the major consumers. There is no demand from any other countries, like in EB3. If you see the last year statistics, they issued just 22,000 EB2 visas compare to 40,000 available. They issued the remaining EB2 visas to EB3-All other countries, though lot of demand for EB2 visas by India and China. Therefore till EB3-allother countries become "current" India and China will get only 7% in any EB catagories.
What I see the problem here is, DOS saying that till worldwide demand for EB visas are less than numarical limits, they will issue only 7% to any country. This brings big imbalance. What happen if world wide demand for EB visas never diminshes in any year, particulary in lower catagoies? What happens if EB3 demand by all other countries continously escalates? Always, the demand for green card is higher than supply. Even if they make 500,000 EB visas, there will be more demand than 500,000 because of lot of demand in EB3-skilled worker catagory. There fore becuse of country quota is continously applied for the susequent years (non-stop) India will get only 7% for ever. There may be situation that EB3-India with PD 2007 can not get GC for next 10 to 20 years if world wide demand continously escalates. At the same time EB3-All other country with PD 2007 may get the card with in couple of years.
To fix this, the country quota should be applied for only one year. In next year, all the remaining applicats have equal preference (no country quota). Till all the applicants in a fiscal year recives the GC, the visa should not be given to next year candidats.
Yes. That is what it is. DOS/USCIS do not prefer couple of countries take entire visas. The problem is not the 7% quota. The problem is how they are interpreting and implementing. They took a stand that, untill world wide demand for EB visas are less than available numbers, the country quota will strictly enforced. They do not care preference catagories. For example, in EB2, India and China are the major consumers. There is no demand from any other countries, like in EB3. If you see the last year statistics, they issued just 22,000 EB2 visas compare to 40,000 available. They issued the remaining EB2 visas to EB3-All other countries, though lot of demand for EB2 visas by India and China. Therefore till EB3-allother countries become "current" India and China will get only 7% in any EB catagories.
What I see the problem here is, DOS saying that till worldwide demand for EB visas are less than numarical limits, they will issue only 7% to any country. This brings big imbalance. What happen if world wide demand for EB visas never diminshes in any year, particulary in lower catagoies? What happens if EB3 demand by all other countries continously escalates? Always, the demand for green card is higher than supply. Even if they make 500,000 EB visas, there will be more demand than 500,000 because of lot of demand in EB3-skilled worker catagory. There fore becuse of country quota is continously applied for the susequent years (non-stop) India will get only 7% for ever. There may be situation that EB3-India with PD 2007 can not get GC for next 10 to 20 years if world wide demand continously escalates. At the same time EB3-All other country with PD 2007 may get the card with in couple of years.
To fix this, the country quota should be applied for only one year. In next year, all the remaining applicats have equal preference (no country quota). Till all the applicants in a fiscal year recives the GC, the visa should not be given to next year candidats.
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Dhundhun
02-15 04:04 AM
This should be closed as this turns out to be a distraction from IV focus on Letter campaign.
That's true. Only citizens of USA can have political views and can express their views. H1B and H4 holders expressing views might not be legal.
As I understand H1B and H4 holders can not influence politics. Hope that USCIS is not monitoring this thread.
That's true. Only citizens of USA can have political views and can express their views. H1B and H4 holders expressing views might not be legal.
As I understand H1B and H4 holders can not influence politics. Hope that USCIS is not monitoring this thread.
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Googler
07-12 02:17 PM
I've been speaking with her staffers for about 10 days now. They hear our questions and complaints, but not our thanks -- so please do call either the DC office to let them know how you feel. They will probably take the comment or transfer you to the House Immig Subcommittee office.
As for the House Immigration Subcommittee -- Lofgren worked with the counsel to this subcommittee to come up with the questions sent to DHS. She sent the letter in her capacity as Chair of the Subcommittee. So the committee is fully involved as well.
Zoe Lofgren
Washington, D.C. Office
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
Fax (202) 225-3336
House Judiciary Committee Office - 202-225-3951
As for the House Immigration Subcommittee -- Lofgren worked with the counsel to this subcommittee to come up with the questions sent to DHS. She sent the letter in her capacity as Chair of the Subcommittee. So the committee is fully involved as well.
Zoe Lofgren
Washington, D.C. Office
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
Fax (202) 225-3336
House Judiciary Committee Office - 202-225-3951
LostInGCProcess
06-20 05:41 PM
This part is a bit scary.......
The historic AOS denial rate is approximately 22%. Based on their review of pending cases, the CIS said that they believed that their denial rate would be approximately 50%.
That means CIS would deny one out of every 2 application... :eek:
The historic AOS denial rate is approximately 22%. Based on their review of pending cases, the CIS said that they believed that their denial rate would be approximately 50%.
That means CIS would deny one out of every 2 application... :eek:
kaisersose
12-11 10:39 AM
Self employment has to conform to the stipulations of AC21.
A baker can start his own small business, as long as he is still a baker. But if he positions himself as CEO or a vice-president, then he is asking for trouble.
The other factor is the future job offer letter if you are not already in that position. if P has his own business and is making 2x where x is the salary for the future job, how will an IO believe P has the intent of giving up his lucative business and moving to employment for half the income?
Like someone said above, it is all about intent. The basic question it boils down to is this - Do you really have the intent of working for your sponsoring employer or are you using him as a green card shop?
A baker can start his own small business, as long as he is still a baker. But if he positions himself as CEO or a vice-president, then he is asking for trouble.
The other factor is the future job offer letter if you are not already in that position. if P has his own business and is making 2x where x is the salary for the future job, how will an IO believe P has the intent of giving up his lucative business and moving to employment for half the income?
Like someone said above, it is all about intent. The basic question it boils down to is this - Do you really have the intent of working for your sponsoring employer or are you using him as a green card shop?