Edison99
04-18 06:51 PM
Congrats jimytomy, enjoy the freedom!
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add78
04-28 09:48 AM
I read the text again, and found that text is under 'Sub Title A - H1B Application Requirement', does that mean the new application has to meet the requirement but existing H1B holders are allowed to work until the end of their I-94 date? It would create a turmoil to stop all H1B contractor all in a sudden.
Anyway, let's hope the professional analysis from Pappu and attorney come out early
That is the problem with us isn't it? We try to first figure out if something that is a potentially bad legislation applies to ME, MYSELF and MY OWN SELF first, if not then we simply shrug, bury our heads in the sand and do not act for the greater good of the community. That is precisely what happened 2 months ago when Grassley/Durbin went after the smaller consulting (staffing) companies and when those companies tried to garner support from the biggies, there was no help. The big consulting companies including the outsourcing companies thought that the demise of staffing/consulting companies would land them more business and the displaced H1Bs, not realizing it was just the first step of the Antis in their direction as well. Well now, everybody has been given the jolt of electricity.
Sadly it should not have come to this point. We always bicker and fight among ourselves (I am NOT picking on you or saying you are at fault) i.e. EB2 vs EB3, H1B vs L1, US Masters vs non-Masters, H1B with FT jobs vs H1B in C2C, staffing/consulting companies vs Big Consulting, Outsourcing companies vs non-outsourcing etc etc... the list goes on.
We, and I mean everybody I just described above, need to have the foresight to see every "divide and conquer" attack / technique that the antis throw at us and look past our differences and unite under IV's umbrella. Sigh..
Anyway, let's hope the professional analysis from Pappu and attorney come out early
That is the problem with us isn't it? We try to first figure out if something that is a potentially bad legislation applies to ME, MYSELF and MY OWN SELF first, if not then we simply shrug, bury our heads in the sand and do not act for the greater good of the community. That is precisely what happened 2 months ago when Grassley/Durbin went after the smaller consulting (staffing) companies and when those companies tried to garner support from the biggies, there was no help. The big consulting companies including the outsourcing companies thought that the demise of staffing/consulting companies would land them more business and the displaced H1Bs, not realizing it was just the first step of the Antis in their direction as well. Well now, everybody has been given the jolt of electricity.
Sadly it should not have come to this point. We always bicker and fight among ourselves (I am NOT picking on you or saying you are at fault) i.e. EB2 vs EB3, H1B vs L1, US Masters vs non-Masters, H1B with FT jobs vs H1B in C2C, staffing/consulting companies vs Big Consulting, Outsourcing companies vs non-outsourcing etc etc... the list goes on.
We, and I mean everybody I just described above, need to have the foresight to see every "divide and conquer" attack / technique that the antis throw at us and look past our differences and unite under IV's umbrella. Sigh..
desi485
02-18 02:28 PM
I recently went to South Korea and entered the US on the AP since I didn't feel that I had enough time to wait for my H-1B stamped in my passport at the US emabassy in Seoul. Before leaving the US, I consulted with my attorney on this issue and she assured me that my H-1B is valid as long as I file the extension and maintain terms of the H-1B visa.
This is her opinion in quotes:
"I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."
I hope this helps.
greenlight: Thank you indeed to share such useful information with rest of us.
As your lawyer used the words "change of employer petition", it seems that one can use AP to travel and still after coming back he/she can file for either extension, amendment or transfer. This answers the main concern that I started this thread for.
Also, on other threads I read that its possible to file H1 amendement even if your H1 is still valid. This is one way to come back to H1 status and get a New I-94 card.
Some one also mentioned that if you have a valid I-797 extenstion approval notice and if you show that at POE to IO, he/she may issue an I-94 till expiry of I-797 (3 years) instead of AP (1 year).
I would appreciate input from others who have some knowledge or experience of above situations.
This is her opinion in quotes:
"I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."
I hope this helps.
greenlight: Thank you indeed to share such useful information with rest of us.
As your lawyer used the words "change of employer petition", it seems that one can use AP to travel and still after coming back he/she can file for either extension, amendment or transfer. This answers the main concern that I started this thread for.
Also, on other threads I read that its possible to file H1 amendement even if your H1 is still valid. This is one way to come back to H1 status and get a New I-94 card.
Some one also mentioned that if you have a valid I-797 extenstion approval notice and if you show that at POE to IO, he/she may issue an I-94 till expiry of I-797 (3 years) instead of AP (1 year).
I would appreciate input from others who have some knowledge or experience of above situations.
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Chiwere
08-11 02:41 PM
Done
EB3I Jul 2003
EB3I Jul 2003
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addsf345
11-10 10:15 AM
I believe your answer below was related to this situation:
Consider this:
If someone renews his/her H1B after 6 years based on approved I-140. Assuming that dates are not current, the H1B gets renewed for 3 years.
In this scenario if the pending I-485 gets denied, what happens to the current H1B? Does that also get invalidated as it's renewal was based on a pending I-485 and approved I-140?
Thanks,
-Ski
as per my understanding, as the H1B extension is based on pending 485, your H1 also becomes invalid with immediate effect. This is shocking, I was somehow believing that using H1 is safe, but it is not after initial 6 years are over. On the contrarary, there are reports that EAD stays valid atleast till the appeal period when 485 is denied, and while the MTR is filed. This is reported on some other threads. Can someone confirm this?
Consider this:
If someone renews his/her H1B after 6 years based on approved I-140. Assuming that dates are not current, the H1B gets renewed for 3 years.
In this scenario if the pending I-485 gets denied, what happens to the current H1B? Does that also get invalidated as it's renewal was based on a pending I-485 and approved I-140?
Thanks,
-Ski
as per my understanding, as the H1B extension is based on pending 485, your H1 also becomes invalid with immediate effect. This is shocking, I was somehow believing that using H1 is safe, but it is not after initial 6 years are over. On the contrarary, there are reports that EAD stays valid atleast till the appeal period when 485 is denied, and while the MTR is filed. This is reported on some other threads. Can someone confirm this?
grupak
01-30 05:16 PM
Let us try to keep the question atleast in the top10 until the poll closes. This is a very good chance to bring our issue to a wide audience.
I think the link provided here take to the page where questions are not sorted by either popularity or most recent ( which I assumed initially). I might be wrong.
I think the link provided here take to the page where questions are not sorted by either popularity or most recent ( which I assumed initially). I might be wrong.
more...
aristotle
02-06 02:04 PM
I know there was a long discussion about this a while ago. My PD is in 2005 in EB2 category.
Any guesses as to how long it will take without any reform? Is there a good guess on the total number of pending LCs in the queue? I would like to take that number and divide by 1400 (2800 for EB2/2).
Any guesses as to how long it will take without any reform? Is there a good guess on the total number of pending LCs in the queue? I would like to take that number and divide by 1400 (2800 for EB2/2).
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vikki76
11-16 07:33 PM
Calling all members who got approved in October 2009
Please see thread
http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=268420
Please see thread
http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=268420
more...
marlon2006
08-02 10:43 AM
No. "Canadian experience" is just a lame excuse, partially because Canada has a very subtle racism feeling, but mainly because the economy there is sluggish and weak. I have Canadian PR and lived there for a year seeking jobs. I have dozens of friends, some born in Canada and holding PhD in IT.
I recall very well when I landed there in 1998, I talked to a gentleman who was white, blue eyes. He was the counselor for a government placement program, an educated man. He grew up in Toronto; he reported to me that he felt that many employers in Vancouver, BC many times discriminated him based on his accent from the East. Another gentleman, at the same freaking day I arrived at the airport, was from England and worked in the financing sector. Again, I will never forget he told me "if you ever get a chance to go to the US, go immediately. Canada has no future". Then I met a girl the same day who told me she immigrated to Canada from the Middle East, but kept working illegally in the US. She said that living illegally in the US, with some restrictions applied, is way better than living as a legal resident in Canada. As my friend told me many times, Canada sucks. If you have a warm and sweet family back home and can get an OK job back home, think about it before going to Canada. You may end up there frustrated cursing your idea of coming here to North America. Of course if you come from a hostile place, extremely poor, etc, Canada or many other places should be a good option for you. That's different.
I would think IT experience is the same anywhere so taking it to canada should be ok? If not there are plenty of other management jobs there. It might be a new start but in a one year timespan you will be well established.
Is it just my wishful thinking?
As for masters, are you persuing MBA? How about PMP?
I recall very well when I landed there in 1998, I talked to a gentleman who was white, blue eyes. He was the counselor for a government placement program, an educated man. He grew up in Toronto; he reported to me that he felt that many employers in Vancouver, BC many times discriminated him based on his accent from the East. Another gentleman, at the same freaking day I arrived at the airport, was from England and worked in the financing sector. Again, I will never forget he told me "if you ever get a chance to go to the US, go immediately. Canada has no future". Then I met a girl the same day who told me she immigrated to Canada from the Middle East, but kept working illegally in the US. She said that living illegally in the US, with some restrictions applied, is way better than living as a legal resident in Canada. As my friend told me many times, Canada sucks. If you have a warm and sweet family back home and can get an OK job back home, think about it before going to Canada. You may end up there frustrated cursing your idea of coming here to North America. Of course if you come from a hostile place, extremely poor, etc, Canada or many other places should be a good option for you. That's different.
I would think IT experience is the same anywhere so taking it to canada should be ok? If not there are plenty of other management jobs there. It might be a new start but in a one year timespan you will be well established.
Is it just my wishful thinking?
As for masters, are you persuing MBA? How about PMP?
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unchew
06-04 10:41 PM
there is always hope...
more...
purplehazea
02-06 11:14 AM
So How come all we hear from the core team is requests for contribution? There is no detail of any actions/efforts that are happening currently? It will certainly be more engaging for all members to at least know what efforts are being worked on currently? I think expectations need to work both ways otherwise you just have an autocratic organization that has to follow and do as the leaders choose to do. Just my 2 cents and all you frustrated folks please take a deep breath before jumping in.
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arunkotte
07-30 01:48 PM
Please read page 2 of Yates memo (Refer link). The Initial evidence "Annual report", "Tax return", and "Audited financial statement" map to "Employment of the beneficiary", "Net income" and "Net current assets" respectively.
http://www.visaportal.com/downloads/...20to%20pay.pdf
How can an Annual report prove "Employment of beneficiary" and he/she is been or currently is paid the proffered wage??
http://www.visaportal.com/downloads/...20to%20pay.pdf
How can an Annual report prove "Employment of beneficiary" and he/she is been or currently is paid the proffered wage??
more...
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absaarkhan
10-08 03:08 PM
Hi ssa,
Thanks for your response.
Its good to know that you were able to do a H1B Transfer
even after entering US on Advance Parole.
Followup questions:
1. Is the I-94 # on your New H1B Approval same as the I-94 which you got
when you entered US on Advance Parole?
2. I am sure that your Attorney might have mentioned that last manner of
Entry into US is "Paroled" when he filed for your H1B transfer.
Please confirm this.
3. Finally, did u get any RFE for your H1B Transfer?
Thanks for your response.
Its good to know that you were able to do a H1B Transfer
even after entering US on Advance Parole.
Followup questions:
1. Is the I-94 # on your New H1B Approval same as the I-94 which you got
when you entered US on Advance Parole?
2. I am sure that your Attorney might have mentioned that last manner of
Entry into US is "Paroled" when he filed for your H1B transfer.
Please confirm this.
3. Finally, did u get any RFE for your H1B Transfer?
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VersusMG
06-14 12:28 PM
Go Van Halen!
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chetanjumani
03-14 01:16 AM
Ok. I agree with everything you say but you still haven't explained why EB-2 China hasn't moved. They never were Unavailable, which means they haven't used their quota but are still retrogressed. Why absolutely no relief for them? Not even a month forward movement?
To be honest, I have no way to know why absolutely no change for China. There have been times earlier where India and China had similar cut out dates, then they changed dramatically, then India became unavailable, and now they are same again. With so much happening, I would say its very difficuilt to have a logical reason with no real data.
All I can come up is that perhaps China might had a little higher demand than India in the last few months, or just that in case of spill overs, most visas might be consumed by countries most retrogressed, or perhaps DHS believes that the number of visas spill over would be only enough to cover EB2 Inida + EB2 china up to a certain date and China was already at that date, so if the demand is less than expected, then we will see movement in both India and China.
Wish best for all Employment based filers. Hopefully some law change comes and justice is done to every one.
I would hate to see different immigrant groups worrying about which group is getting ahead.
Keep contributing to IV effort and hope no one need to go through extended wait times..........
To be honest, I have no way to know why absolutely no change for China. There have been times earlier where India and China had similar cut out dates, then they changed dramatically, then India became unavailable, and now they are same again. With so much happening, I would say its very difficuilt to have a logical reason with no real data.
All I can come up is that perhaps China might had a little higher demand than India in the last few months, or just that in case of spill overs, most visas might be consumed by countries most retrogressed, or perhaps DHS believes that the number of visas spill over would be only enough to cover EB2 Inida + EB2 china up to a certain date and China was already at that date, so if the demand is less than expected, then we will see movement in both India and China.
Wish best for all Employment based filers. Hopefully some law change comes and justice is done to every one.
I would hate to see different immigrant groups worrying about which group is getting ahead.
Keep contributing to IV effort and hope no one need to go through extended wait times..........
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njboy
11-12 10:03 PM
the CIR is too important a bill to pass in lame duck session...
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GCBy3000
02-13 04:49 PM
Just with few members going against you within couple of hours, you are backing from your point. Then imagine how tough it will be to work for our goals working against our forces on daily basis in this country.
Just less than a day and few members are enough to push you back. Having similar and stronger opposition IV is still live. This one is enough to prove the leader ship.
Your previous post demands results from IV. You look like CEO/Chairman of IV. I pity your insanity and you have to learn a lot to live in this real world.
I realize that there is no point in telling you guys anything. When you don't have an open mind, you can not accept the facts. It's like banging your heads against steel wall. When you are not even ready to diagnose the disease, there is little hope you will be able to cure it. Denial is a beautiful thing.
So I apologize for my comments.
Here is something you will love:
Congratulations IV and the core team! Keep up the good work.
Just less than a day and few members are enough to push you back. Having similar and stronger opposition IV is still live. This one is enough to prove the leader ship.
Your previous post demands results from IV. You look like CEO/Chairman of IV. I pity your insanity and you have to learn a lot to live in this real world.
I realize that there is no point in telling you guys anything. When you don't have an open mind, you can not accept the facts. It's like banging your heads against steel wall. When you are not even ready to diagnose the disease, there is little hope you will be able to cure it. Denial is a beautiful thing.
So I apologize for my comments.
Here is something you will love:
Congratulations IV and the core team! Keep up the good work.
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smuggymba
01-21 10:10 AM
How a consulting firm will control the work for 3 years for a client in advance, this is called subcontracting of work not consulting.
The plan is to start the selective targetting at some point and then work all the way up.
I'm surprised there is no opposition to jobs that illegals take and Green Card lottery.
People are only after people who make more money. Jelousy. That's it.
The plan is to start the selective targetting at some point and then work all the way up.
I'm surprised there is no opposition to jobs that illegals take and Green Card lottery.
People are only after people who make more money. Jelousy. That's it.
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unitednations
04-28 06:32 PM
UN,
Have there been any updates on this case that you are at liberty to share?
Thanks in advance.
nothing yet.
Longest I have seen a 485 denial go without getting reopened is 5 months.
If a person doesn't have h-1b then six months is a magic number. If person overstys six months and uscis ultimately denies it again then person is in terrible situation (3 year bar).
Have there been any updates on this case that you are at liberty to share?
Thanks in advance.
nothing yet.
Longest I have seen a 485 denial go without getting reopened is 5 months.
If a person doesn't have h-1b then six months is a magic number. If person overstys six months and uscis ultimately denies it again then person is in terrible situation (3 year bar).
mirage
08-12 07:03 PM
more than 200 people have taken this poll, if only half of us send these letters, it could make a difference..
To, 08/05/2008
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary Subcommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
To, 08/05/2008
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary Subcommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
pa_arora
01-31 02:02 PM
i had 25 of my friends voted for it and now its on number 3 and 11 respectively.
WOOOO HOOOO.
WOOOO HOOOO.