LONGGCQUE
05-21 03:13 PM
Sent 2nd round emails. Will do more next week.
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mariusp
06-13 08:46 PM
I have I-140 with substitution pending since March of this year. Can I file for 485 now or do I need to wait for I-140 approval? Thanks.
rag_1970
06-24 01:59 PM
Hi ! My H1B with current employer is valid till March 2010. I got a new job offer and employer is willing to transfer my H1B. I have submitted all the documents.
The attorney of the new employer says, that I can start working with new company once USCIS receives my application. Is it safe? She says Fedex tracking no. is enough. Did any one face this situation? pl.respond. She got instructions from the employer to apply in regular process.How much time it will take to get a receipt no. in regular process?
The attorney of the new employer says, that I can start working with new company once USCIS receives my application. Is it safe? She says Fedex tracking no. is enough. Did any one face this situation? pl.respond. She got instructions from the employer to apply in regular process.How much time it will take to get a receipt no. in regular process?
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snathan
03-20 10:06 PM
Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast.
Ok, Here's what law says about so called "transfer"
D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States;
(b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
(c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.
The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.
Further it says,
The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.
There are few other memo's on this I will try to post the links for reference
All I can say is you are confusing your self and others on this....I am not posting any more this thread.
Just call your attorney and verify the same
Good Luck.
Ok, Here's what law says about so called "transfer"
D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States;
(b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
(c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.
The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.
Further it says,
The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.
There are few other memo's on this I will try to post the links for reference
All I can say is you are confusing your self and others on this....I am not posting any more this thread.
Just call your attorney and verify the same
Good Luck.
more...
Tito_ortiz
12-04 04:47 PM
Well, one could argue that North Americans have access to the TN visa, which is kind of easier to apply. Similarly, the E visa for Australians as far as I know doesn't allow a dual intent;therefore the H visa still has an advantage over the Australian one.
Am I right ?
Why doesnt US govt allow H4 Visa holders to work like Australian Govt does??????
Rather than crying for shortage of Manpower they should utilize the talent already present in the country. Has someone every raised this issue with the senate? I dont think so....and I think there is no forum also to take it up.
This is a pure case of discrimination.
Please think and contrubute.
Regards,
:)
Am I right ?
Why doesnt US govt allow H4 Visa holders to work like Australian Govt does??????
Rather than crying for shortage of Manpower they should utilize the talent already present in the country. Has someone every raised this issue with the senate? I dont think so....and I think there is no forum also to take it up.
This is a pure case of discrimination.
Please think and contrubute.
Regards,
:)
TheOmbudsman
11-08 01:04 PM
Yabadaba,
"Moron" is an insult. I don't insult anyone. If you don't like my posts, just ignore them.
Regards,
The Ombudsman
can we stop "the ombudsman" from posting messages that have absolutely no logic just pasted articles from right wing media/blogs?
who is he to keep us flowing in the right direction?
"Moron" is an insult. I don't insult anyone. If you don't like my posts, just ignore them.
Regards,
The Ombudsman
can we stop "the ombudsman" from posting messages that have absolutely no logic just pasted articles from right wing media/blogs?
who is he to keep us flowing in the right direction?
more...
jsb
03-06 10:43 AM
Based on the reply to this FOIA from Needhelp!, it seems that we have a bigger problem than transparency.
They have said that country of chargeability is not assigned until case is ready for approval. However, whether or not a case is ready for approval is determined by country of chargeability. If you have 500,000 pending cases and dont know how many cases for each country of chargeability, then the only way to respond to a visa bulletin is to go thru all 500,000 cases every month, take a peek in it, look at the PD, look at the country and see if it is up for approval. I dont think they are doing that.
Also, if priority date is something that is different for different countries, then cases for those countries have to be sorted by priority date in different silos, so that when the next bulletin comes, you know how many cases are eligible that month and which ones are the earliest cases (from PD perspective) for each country.
Their systems are not designed for country chargeability and priority date considerations. Although some of the information is in computer systems for reporting, publication, online status, automatic emails, etc, most of it is paper based. They claim that they process cases in order they (physically) receive them at each processing center.
Possibly, what they do is that they pick cases from shelves in sequence they stacked when they received them, check various docs such as medical, birth certificates, copie of I-140, passports, etc., and then, if all ok, check for country of chargeability. If that is India or China, then they look at the current bulletin dates. If case is within cutoff dates, proceed, else put it back, and take next file.
Therefore, they are correct in saying that chargeability is determined (means: looked at) when case is ready (meaning: it is next in line) for reviewing and adjudication.
Note that there is no physical file sorting based on chargeability/PD etc. Bulletins are just best guesses based on general progress in preceding months.
They have said that country of chargeability is not assigned until case is ready for approval. However, whether or not a case is ready for approval is determined by country of chargeability. If you have 500,000 pending cases and dont know how many cases for each country of chargeability, then the only way to respond to a visa bulletin is to go thru all 500,000 cases every month, take a peek in it, look at the PD, look at the country and see if it is up for approval. I dont think they are doing that.
Also, if priority date is something that is different for different countries, then cases for those countries have to be sorted by priority date in different silos, so that when the next bulletin comes, you know how many cases are eligible that month and which ones are the earliest cases (from PD perspective) for each country.
Their systems are not designed for country chargeability and priority date considerations. Although some of the information is in computer systems for reporting, publication, online status, automatic emails, etc, most of it is paper based. They claim that they process cases in order they (physically) receive them at each processing center.
Possibly, what they do is that they pick cases from shelves in sequence they stacked when they received them, check various docs such as medical, birth certificates, copie of I-140, passports, etc., and then, if all ok, check for country of chargeability. If that is India or China, then they look at the current bulletin dates. If case is within cutoff dates, proceed, else put it back, and take next file.
Therefore, they are correct in saying that chargeability is determined (means: looked at) when case is ready (meaning: it is next in line) for reviewing and adjudication.
Note that there is no physical file sorting based on chargeability/PD etc. Bulletins are just best guesses based on general progress in preceding months.
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Regal22
07-23 10:36 PM
I heard from my lawyer today that my LC was finally cleared. When I heard the news, on one hand I felt a sigh of relief, but on another hand I was still feeling angry. It took almost 5 years to get the clearance in spite of being a simple straightforward case. I was simply exhausted with the long wait time and there was simply no energy left to celebrate. Though my LC has cleared, I still would like to join the fight against this injustice. If there is any effort on anyone�s part to address this injustice, I would like to support in any way I can.
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sixpockets
07-01 06:39 PM
My law firm, Greenberg Traurig has been good too. Their immigration practice worked extremely hard to get the applications in-flight on Saturday. May be bcose they did not have 1000s of cases like other immigration law firms.
www.gtlaw.com
www.gtlaw.com
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laxman
07-10 11:48 PM
Hi,
I have my H1B from company A.Now I am planning to have H1 transfer to company B. I don't have a record of the experience letters(2000 - 2003) I submitted when I filed my H1b through company A.
Now when I am applying for H1 transfer from company B can I just submit the experince letters from 2004-2007 including the letter from company A so that they don't contradict with what I have submitted before??.
I would also be submitting my education evaluation,w2s,recent paystubs etc. The problem is only with my previous experience letters.
please let me know if this is okay or can there be a problem.Any help would be greatly appreciated. This is urgent for me!!!
Thanks
Laxman
I have my H1B from company A.Now I am planning to have H1 transfer to company B. I don't have a record of the experience letters(2000 - 2003) I submitted when I filed my H1b through company A.
Now when I am applying for H1 transfer from company B can I just submit the experince letters from 2004-2007 including the letter from company A so that they don't contradict with what I have submitted before??.
I would also be submitting my education evaluation,w2s,recent paystubs etc. The problem is only with my previous experience letters.
please let me know if this is okay or can there be a problem.Any help would be greatly appreciated. This is urgent for me!!!
Thanks
Laxman
more...
add78
06-25 11:00 AM
June05,
Encourage your friends to call for themselves and your co workers on your behalf.
if you can talk to your boss and have him/her call on behalf of your organization explaining the difficulty, its even better.
Yes, this is true with any representative we call.
The rep will be given a tally of X ppl called in support of which Y were our constituents. The more Y's we get, the better on any call, but X's are also necessary to call. The more US employers are part of Y, even better. I managed to get 3 local friends to call.
keep up the good work fellows.
Encourage your friends to call for themselves and your co workers on your behalf.
if you can talk to your boss and have him/her call on behalf of your organization explaining the difficulty, its even better.
Yes, this is true with any representative we call.
The rep will be given a tally of X ppl called in support of which Y were our constituents. The more Y's we get, the better on any call, but X's are also necessary to call. The more US employers are part of Y, even better. I managed to get 3 local friends to call.
keep up the good work fellows.
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yabadaba
03-22 10:55 AM
I am new to the site and have been reading these posts and I have very little knowledge regarding the greencard processing. But as far as I know, law is not clear in this matter and this results in different interpretations by different people. There is also little scope for any law suit as the State Dept is the ultimate decision maker in these issues. see section 202 of INA Act
"(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed"
Also it is not clearly explained if EB categories take preference or country limits have preference over EB categories. The State Department can clearly argue that EB2 is entitled for 28.6% of total EB visas and per country limit does not apply as EB2 category still has unused visas left for use this quarter and they intend to maximize the use of total EB2 visas available. I think we should all stop arguing(because in the end it will not change a thing) about who should get the first chance at Green card and pray for all those friends who have been waiting for years and sincerely hope that their wait ends soon. Instead we should concentrate on how we can help each other and see about how we can improve the process
united nations...u have been saying what u just said for many years now. i remember ur epic fight with saras on that issue that caused u to leave immigration portal.
i think this modification of the interpretation of the law is mainly to prevent the massive loss of numbers. I think the DOS now realizes that USCIS cannot effectively handle processing of the massive release of visa numbers in the last quarter, thereby they are doing it in an incremental manner so that the demand is handled effectively (USCIS standards effectively).
"(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed"
Also it is not clearly explained if EB categories take preference or country limits have preference over EB categories. The State Department can clearly argue that EB2 is entitled for 28.6% of total EB visas and per country limit does not apply as EB2 category still has unused visas left for use this quarter and they intend to maximize the use of total EB2 visas available. I think we should all stop arguing(because in the end it will not change a thing) about who should get the first chance at Green card and pray for all those friends who have been waiting for years and sincerely hope that their wait ends soon. Instead we should concentrate on how we can help each other and see about how we can improve the process
united nations...u have been saying what u just said for many years now. i remember ur epic fight with saras on that issue that caused u to leave immigration portal.
i think this modification of the interpretation of the law is mainly to prevent the massive loss of numbers. I think the DOS now realizes that USCIS cannot effectively handle processing of the massive release of visa numbers in the last quarter, thereby they are doing it in an incremental manner so that the demand is handled effectively (USCIS standards effectively).
more...
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days_go_by
07-17 10:10 PM
It would soon be 9 years for me to be here in US, my 2001 app is in DBEC. I have been with the same company for almost 7 years, have survived through rounds of layoffs, and so many other personal issues, I can not even count.
Despite this I am willing to stay here and give it some more time.
For the first time in last many years, while my app was rotting at SWA, I have seen an concentrated effort by an organization to raise immigration issues.
I am willing to see what IV does and how far reaches in it's goals, at least various lawmakers are aware of our problems now.
Keep the faith, hang in there, this is a really long tunnel but after so many reversals, it about time we see something positive done for us.
As for the those who say, "US doesn't care, i will go back, US will get hurt", I don't buy that argument, US will not get hurt, despite so many problems US still remains a magnet that attracts talent from all over the world.
If you leave, or if I leave will have very little impact. And even if u go back and start working for TCS or Wipro, they will send you back to US on a project.
Unless you want to start your own business, I don't see much benefit in going back and working for the big consulting companies. And if you want to start business, why not start here, who is stopping you? ok, i know there are limitations on H1 etc, but there are many loophopes work around those.
And what if things change in India? if things are not in your favor there, where will run from there? where will you go?
My point being that we have a pretty decent chance to getting some immigration relief here, IV is working towards it, instead of saying "forget it" I am leaving, let's all learn to fight.
Let's all learn to work to solve this problem. Work with IV, work yourself to get one of these bills passed.
If nothing else, lets's all make it a point that every 2 weeks, we will write a letter to our lawmakers explaining the problem and asking for relif. every other week write to a media channel.
Even if you are not great at writing letters, just write what you can and send, it doesn't need to be perfect.
Eventually, someone will notice, eventually someone will do something about it.
So, for all those who are thinking of running away, I am saying, how about stay here and fight here. Let's stop taking the easy path out everytime, if you want your benfit, stay and do something positive.
your's truly,
Sangam.
Despite this I am willing to stay here and give it some more time.
For the first time in last many years, while my app was rotting at SWA, I have seen an concentrated effort by an organization to raise immigration issues.
I am willing to see what IV does and how far reaches in it's goals, at least various lawmakers are aware of our problems now.
Keep the faith, hang in there, this is a really long tunnel but after so many reversals, it about time we see something positive done for us.
As for the those who say, "US doesn't care, i will go back, US will get hurt", I don't buy that argument, US will not get hurt, despite so many problems US still remains a magnet that attracts talent from all over the world.
If you leave, or if I leave will have very little impact. And even if u go back and start working for TCS or Wipro, they will send you back to US on a project.
Unless you want to start your own business, I don't see much benefit in going back and working for the big consulting companies. And if you want to start business, why not start here, who is stopping you? ok, i know there are limitations on H1 etc, but there are many loophopes work around those.
And what if things change in India? if things are not in your favor there, where will run from there? where will you go?
My point being that we have a pretty decent chance to getting some immigration relief here, IV is working towards it, instead of saying "forget it" I am leaving, let's all learn to fight.
Let's all learn to work to solve this problem. Work with IV, work yourself to get one of these bills passed.
If nothing else, lets's all make it a point that every 2 weeks, we will write a letter to our lawmakers explaining the problem and asking for relif. every other week write to a media channel.
Even if you are not great at writing letters, just write what you can and send, it doesn't need to be perfect.
Eventually, someone will notice, eventually someone will do something about it.
So, for all those who are thinking of running away, I am saying, how about stay here and fight here. Let's stop taking the easy path out everytime, if you want your benfit, stay and do something positive.
your's truly,
Sangam.
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americandesi
08-22 01:37 PM
In fact, I also thought like you. I decided to do an MBA , so out of that 3 years 1.5 years were used up by my MBA.
The placement statistics from the Rotman school of Management website is quite impressive.
I've a few questions for you. How bright are the job prospects after doing an MBA from U of T in the current recession wolrd? Are part-time MBA students given equal opportunity in job placements? What's the % of placement among Canadian vs US employers?. Howmuch salary can a person with Engineering degree + US experience + Canadian MBA expect to get?
The placement statistics from the Rotman school of Management website is quite impressive.
I've a few questions for you. How bright are the job prospects after doing an MBA from U of T in the current recession wolrd? Are part-time MBA students given equal opportunity in job placements? What's the % of placement among Canadian vs US employers?. Howmuch salary can a person with Engineering degree + US experience + Canadian MBA expect to get?
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GCBy3000
07-21 10:00 AM
There is no way for a bank to know when you leave. You might leave on vacation or for a break. As per US law you can come to US after a year break outside US. How does anyone could know whether you are on one month vacation or in one year vacation. I dont agree with this unless it is explained clearly.
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sunofeast_gc
02-08 09:43 PM
chitta, What is your skill set and where are you located now?
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gauravster
02-25 09:42 AM
Reading through this, this only says that the status cannot be changed (to a PR). It does not say that the prefiling of of AOS application cannot be done.
I think we should definitely try to work towards this. There was also an article on Immigration daily (http://www.ilw.com/articles/2009,0225-endelman.shtm) which suggests pre filing as a administrative fix that will solve a lot of problems. It argues that "there is nothing in the INA that compels a particular definition or understanding of what "immediate availability" means."
I am definitely in for such a initiative.
Incorrect! Please read again.
Section 1255. Adjustment of status of nonimmigrant to that of
person admitted for permanent residence
(a) Status as person admitted for permanent residence on application and
eligibility for immigrant visa
The status of an alien who was inspected and admitted or paroled
into the United States or the status of any other alien having an
approved petition for classification under subparagraph (A)(iii),
(A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title or \1\
may be adjusted by the Attorney General, in his discretion and under
such regulations as he may prescribe, to that of an alien lawfully
admitted for permanent residence if (1) the alien makes an application
for such adjustment, (2) the alien is eligible to receive an immigrant
visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his
application is filed.
This means that visa number must be available at the time of filing I-485.
Well, Read again. I hope it answers your question.
Here is the test from newsletter
What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
-----------------------------------------
Have a good day!
I think we should definitely try to work towards this. There was also an article on Immigration daily (http://www.ilw.com/articles/2009,0225-endelman.shtm) which suggests pre filing as a administrative fix that will solve a lot of problems. It argues that "there is nothing in the INA that compels a particular definition or understanding of what "immediate availability" means."
I am definitely in for such a initiative.
Incorrect! Please read again.
Section 1255. Adjustment of status of nonimmigrant to that of
person admitted for permanent residence
(a) Status as person admitted for permanent residence on application and
eligibility for immigrant visa
The status of an alien who was inspected and admitted or paroled
into the United States or the status of any other alien having an
approved petition for classification under subparagraph (A)(iii),
(A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title or \1\
may be adjusted by the Attorney General, in his discretion and under
such regulations as he may prescribe, to that of an alien lawfully
admitted for permanent residence if (1) the alien makes an application
for such adjustment, (2) the alien is eligible to receive an immigrant
visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his
application is filed.
This means that visa number must be available at the time of filing I-485.
Well, Read again. I hope it answers your question.
Here is the test from newsletter
What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
-----------------------------------------
Have a good day!
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ak27
02-26 10:12 AM
You should make an appointment with info pass and carry all needed documents with you. They should be able to help. It is not perfect solution but it works. My wife had applied her AP which did not show up even after three months, in mean time we have had an emergency. I made an appointment with info pass, it was approved within a day. It is worth a try.
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Gravitation
11-08 08:09 AM
It's true that Democrats tend to be pro immigrants a bit. However, most of their backers are labor unions, which obviously don't want to see any more labor here, legal or illegal.
How will these forces play out on the floor is anybody's guess. We've seen how a Republican congress works. Let's see how a democratic congress will. I'm just a little bit hopeful... same as 12 monts ago... not more... not less.
How will these forces play out on the floor is anybody's guess. We've seen how a Republican congress works. Let's see how a democratic congress will. I'm just a little bit hopeful... same as 12 monts ago... not more... not less.
gapala
03-05 08:23 PM
$5000 shouldn't be a big deal for a quarter million community who's seeking some information on this...I guess either IV should start and campaign and collect money for this or we can saperately collect money for this..
Sounds great!
Where did you get this number from? :D:D:D:D
May be you had a cartesian join :))
Sounds great!
Where did you get this number from? :D:D:D:D
May be you had a cartesian join :))
nomad
05-27 05:23 PM
$50 from me
paypal : ID #7VF22401A69945306
Nomad
----------
Monthly contributor for more than a year...
paypal : ID #7VF22401A69945306
Nomad
----------
Monthly contributor for more than a year...
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