h1vegas
04-21 03:21 PM
H.R. 1791:
111th Congress
2009-2010
STAPLE Act
To amend the Immigration and Nationality Act to authorize certain aliens who have earned a Ph.D. degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence and to be exempted from the numerical limitations on H-1B nonimmigrants.
http://www.govtrack.us/congress/bill.xpd?bill=h111-1791
111th Congress
2009-2010
STAPLE Act
To amend the Immigration and Nationality Act to authorize certain aliens who have earned a Ph.D. degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence and to be exempted from the numerical limitations on H-1B nonimmigrants.
http://www.govtrack.us/congress/bill.xpd?bill=h111-1791
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crazydc
09-28 02:23 PM
All,
My checks got cleared today and I got the receipt number from the back of the check. My case is moved to TSC from NSC.
I hope I will receive my Receipt Number, EAD and PF in mail soon.
Thanks,
-DC
EB2 PD Mar 2005
LC Approved on Feb 2007
140 applied on Mar 2007 at NSC Pending
Mailed 485/131/765 on 02 Aug 2007 to NSC
checks cashed on 9/28 (from TSC)
My checks got cleared today and I got the receipt number from the back of the check. My case is moved to TSC from NSC.
I hope I will receive my Receipt Number, EAD and PF in mail soon.
Thanks,
-DC
EB2 PD Mar 2005
LC Approved on Feb 2007
140 applied on Mar 2007 at NSC Pending
Mailed 485/131/765 on 02 Aug 2007 to NSC
checks cashed on 9/28 (from TSC)
vin
06-14 08:53 PM
The agreement, coming after President Bush’s pledge earlier today to provide $4.4 billion for border security, revives a bill that had stalled in the Senate and was all but given up for dead.
Seeing the quote from the link provided, I feel all the ripped off $$$ from us will be used in enforcing border security..:-) They must've pondered "where will all the money come from??, and then someone must've come up with the idea, hey clear the GC backlogs of the past 5 years and make the dates current tomorrow!"
Seeing the quote from the link provided, I feel all the ripped off $$$ from us will be used in enforcing border security..:-) They must've pondered "where will all the money come from??, and then someone must've come up with the idea, hey clear the GC backlogs of the past 5 years and make the dates current tomorrow!"
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fcres
08-14 02:10 PM
I am in a similar position and am going to wait till the end of the year for the AP. I am hoping to be able to go for the H1B stamping with the AP. So if there is any problem with the H1 I can atleast re-enter using the AP. Its a nice backup...
I know that if you don't have H1 stamping you need AP to reenter. But if you have AP why do you need H1 stamping if you are working for the same H1 employer after reentery? Is H1 stamping a backup to AP?
I know that if you don't have H1 stamping you need AP to reenter. But if you have AP why do you need H1 stamping if you are working for the same H1 employer after reentery? Is H1 stamping a backup to AP?
more...
dpuranik
03-02 05:05 PM
My Company Paid $4000 as a Lawyer Fee for GC, +USCIS Fee+ ADV cost
1. PERM - $2000
2. I140 - $1000
3. I485 - $1000
1. PERM - $2000
2. I140 - $1000
3. I485 - $1000
vactorboy29
06-30 04:06 PM
I have applied for I -140 (EB2) but I am with 10+Diploma(3 years) +Bachelors of Electronics from Mumbai Univerisity(3 years).
Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?
Thanks
I have same credential in Mechanical engineering. I got 140 approved last year. don�t worry .You will be fine.
Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?
Thanks
I have same credential in Mechanical engineering. I got 140 approved last year. don�t worry .You will be fine.
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clairvoyance
04-17 10:16 AM
What is the safe range of percentage increase in the salary with a pending I-485?
We know that too much salary increase will make the adjudicator question about the 'similarity' of the job. But how much is too much?
We know that too much salary increase will make the adjudicator question about the 'similarity' of the job. But how much is too much?
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eb3_nepa
09-22 12:11 PM
there remains a sliver of hope- its called the lame duck session when a lot of such measures are passed. post election, everyone feels "safer".
a marked up bill, ready for the house, could sneak through in the post election season. we have to keep trying!
Unfortunately almost nothing actually gets done in the lame duck!
a marked up bill, ready for the house, could sneak through in the post election season. we have to keep trying!
Unfortunately almost nothing actually gets done in the lame duck!
more...
axp817
08-19 10:09 AM
Background: Current AP expires on Oct 24 2010. I don't have the new AP yet, but I should have it soon, and I expect it to be valid from Oct 25 2010 - Oct 25 2011.
Question: Am I allowed to leave the US on Oct 20 2010 (during the validity of the old/current AP) and return on Oct 30 2010 (during the validity of the new AP) if I carry both APs with me?
Thanks!
Question: Am I allowed to leave the US on Oct 20 2010 (during the validity of the old/current AP) and return on Oct 30 2010 (during the validity of the new AP) if I carry both APs with me?
Thanks!
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breddy2000
02-02 09:24 AM
We applied for H1B transfer on Jan/02/09 (California Service Center - Premimum) and attached pay stub and employement offer letter. First time we did not attach any contract details.
We got an RFE on Jan/09/09, Basically they wanted to know whether i am working on project currently. They are asking to submit contract agreements, client details (client letter - not sure it is must or not).
There are 2 layers between client and my employer and could not get client letter. However, I can provide the following docs,
1. Contract Agreement Between Employer and First Layer
2. Contract Agreement Between First and Primary Vendor
3. Letter from Primary Vendor (stating that i am working their client project).
4. Primary Vendor Invoices to Client
5. Time Sheet (Client approval)
6. Access Card
7. Work site Photo
8. Copy of Client WO (end date is 11/21/2008) - client with PO amount and end date is doest not matter... (i am not sure how is uscis will take it).
I could not able to client letter due to their policy. What do you guys think on this case approval. Any reply is highly appriciated..
thanks
I think first 4 should be enough to respond to the RFE.
1. Contract Agreement Between Employer and First Layer
2. Contract Agreement Between First and Primary Vendor
3. Letter from Primary Vendor (stating that i am working their client project).
4. Primary Vendor Invoices to Client
You just need to prove that you worked for that particular client during your H1 period.
Even though asked for it, I did not provide any contract details between Primary Vendor and Client and it was mentioned by my attorney that they do not have such policies.
Not sure whether you have an attorney or not, but make sure you go through them
Hope this helps
We got an RFE on Jan/09/09, Basically they wanted to know whether i am working on project currently. They are asking to submit contract agreements, client details (client letter - not sure it is must or not).
There are 2 layers between client and my employer and could not get client letter. However, I can provide the following docs,
1. Contract Agreement Between Employer and First Layer
2. Contract Agreement Between First and Primary Vendor
3. Letter from Primary Vendor (stating that i am working their client project).
4. Primary Vendor Invoices to Client
5. Time Sheet (Client approval)
6. Access Card
7. Work site Photo
8. Copy of Client WO (end date is 11/21/2008) - client with PO amount and end date is doest not matter... (i am not sure how is uscis will take it).
I could not able to client letter due to their policy. What do you guys think on this case approval. Any reply is highly appriciated..
thanks
I think first 4 should be enough to respond to the RFE.
1. Contract Agreement Between Employer and First Layer
2. Contract Agreement Between First and Primary Vendor
3. Letter from Primary Vendor (stating that i am working their client project).
4. Primary Vendor Invoices to Client
You just need to prove that you worked for that particular client during your H1 period.
Even though asked for it, I did not provide any contract details between Primary Vendor and Client and it was mentioned by my attorney that they do not have such policies.
Not sure whether you have an attorney or not, but make sure you go through them
Hope this helps
more...
pappu
11-30 12:55 PM
Lets not deligate things to others. What ever you feel will help IV and the problem of retrogression, just go ahead and do it and post a note here so as to encorage others to come with similar ideas.
WillIBLucky, Thanks for your initiatives. would you like to collect email ids of all members and organize a confrence call to activate the state chapter? This will start the chapter activities and members can start working together with the action items. Post your name, email and phone on the thread so that all members can contact you.
WillIBLucky, Thanks for your initiatives. would you like to collect email ids of all members and organize a confrence call to activate the state chapter? This will start the chapter activities and members can start working together with the action items. Post your name, email and phone on the thread so that all members can contact you.
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ItIsNotFunny
12-17 09:45 AM
My 6th year H1B is expiring on April 28, 2008. I applied labor through PERM on October 2, 2007. I got the audit letter on December 3, 07. This audit letter does not state anything about the issue of the audit letter. However, the sentence �The job duties and/ or requirements are beyond those defined for the job by SOC/ O*Net code an Occupation Title provided by the State Workforce Agency� is highlighted in this letter. The letter also request for Business Necessity Letter and Recruitment Report. My case is the EB2 case for a Project Manager position with a minimum of 2 years working experience. A couple of programs and knowledge in the field are also required for this position. At the recruitment times, there are no applicants applied to this position. The company has approximately 16 employees including me.
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
Most of the EB2 in my company in last few month are under audit at present. What is going on?
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
Most of the EB2 in my company in last few month are under audit at present. What is going on?
more...
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langagadu
12-02 06:53 PM
Are you sure he is an attorney? May be he is a normal guy like me still in his halloween costume as Attorney.:D
Hi Experts,
The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
Thanks,
Abhi
Hi Experts,
The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
Thanks,
Abhi
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bkam
04-13 09:58 PM
By the way, friends, I stay behind my words. Last year my family and I started working on "plan B" and when time comes, we will move out of the US after 6-7 years chasing of a mirage. Of course, if the GC mess here miraculously improves we would stay but I must be crazy to really believe that.
Anyhow, everyone has to choose individually to stay and wait or to "vote with the feet". We all know it is a tough and painful decision but for me this is like a rotten tooth - the sooner you get rid of it, the better. Just my way of thinking.
Our "flirt" with the US immigration system resembles very much the unshared love - you love a girl and do everything for her but she is a spoiled bitch and just plays with you. Some people will never stop circle around this girl but other will finally get pissed off, will say the f-word and will move with their lives. Suddenly these people will discover that there are lots of other girls, honest and thrustforthy, who deserved to be loved. Voting with the feet... :-)
Anyhow, everyone has to choose individually to stay and wait or to "vote with the feet". We all know it is a tough and painful decision but for me this is like a rotten tooth - the sooner you get rid of it, the better. Just my way of thinking.
Our "flirt" with the US immigration system resembles very much the unshared love - you love a girl and do everything for her but she is a spoiled bitch and just plays with you. Some people will never stop circle around this girl but other will finally get pissed off, will say the f-word and will move with their lives. Suddenly these people will discover that there are lots of other girls, honest and thrustforthy, who deserved to be loved. Voting with the feet... :-)
more...
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mirage
03-16 04:44 PM
I would put this News letter in one of the 'Most Informative' ones. It clear doubts about maintaining H1B/EAD it talks about changing jobs on AC21. Intresting to see that 3 years EAD/AP thing as well as he mentions about the combined EAD/AP document. Attorney Ron Gotcher is also very proactive on his forums, you can ask specific questions, he usually answers it the same day..
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delhirocks
08-14 12:28 PM
I completely disagree..There is this huge debate in IV about EB2 & EB3 IN. Everyone is looking at the dates and predicting that EB2 I will be current sometime in '09. This is perceived as injustice to EB3. What people don't realize is that USCIS is not processing. What good is a forward movement if there are no tangible benefits for folks who have already filed AOS.
Forward movement in Sep VB magnifies the USCIS inefficiencies. Despite the rhetoric on the board, this is -ve development in my view. Empirical evidence suggests that there are 1000s of cases pending for pre 06 EB2I & C and yet USCIS could not get that back log cleared. They obviously could not process enough to exhaust the available visa numbers and thus the forward movement by DOS.
This bodes well for CP filers…good for them.
USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.
If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.
Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.
What will happen during 2009 in all likely hood is the following,
Almost all EB1 spillover will go to EB3. (~ 25k)
Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.
Forward movement in Sep VB magnifies the USCIS inefficiencies. Despite the rhetoric on the board, this is -ve development in my view. Empirical evidence suggests that there are 1000s of cases pending for pre 06 EB2I & C and yet USCIS could not get that back log cleared. They obviously could not process enough to exhaust the available visa numbers and thus the forward movement by DOS.
This bodes well for CP filers…good for them.
USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.
If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.
Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.
What will happen during 2009 in all likely hood is the following,
Almost all EB1 spillover will go to EB3. (~ 25k)
Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.
more...
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Googler
02-16 01:08 AM
Googler,
How is this possible, EB3 ROW also has a limit to how many they can use correct? They only can use what ever is beyond the 7 % used for India/China/Mexico/Phil (28% in total). Out of 1/3 of the 140K.
Am I right here ?
I think EB3 - ROW will stop or retro. next month or for sure in the next couple of months back to where they were. Lot of people here are saying that ROW will be current soon I am not sure where they are getting these facts.
Randy and others, do go through the older threads, there are quite detailed explanation of quota allocations. ROW is the rest of the world, and yes they get to use ALL of the rest: within ROW spillover occurs from EB-1 to EB-2 to EB-3, so whatever visas are available/leftover will be used up by EB-3 ROW -- they have suffered massive retrogression for many years, and now early PDs will not be stuck in the FBI blackhole.
I am not saying that EB-3 ROW cutoff will necessarily move further forward (i.e forward from Jan05) -- DOS intent is to use up all the remaining greencards -- and it might well be that the current cutoff will achieve that goal -- if it doesn't only then will they move the EB-3 ROW dates forward. Oversubscribed countries get a spillover ONLY if EB-1 ROW + EB-2 ROW + EB-3 ROW still leave unused visas.
See my post here (http://immigrationvoice.org/forum/showpost.php?p=224031&postcount=200) as well.
How is this possible, EB3 ROW also has a limit to how many they can use correct? They only can use what ever is beyond the 7 % used for India/China/Mexico/Phil (28% in total). Out of 1/3 of the 140K.
Am I right here ?
I think EB3 - ROW will stop or retro. next month or for sure in the next couple of months back to where they were. Lot of people here are saying that ROW will be current soon I am not sure where they are getting these facts.
Randy and others, do go through the older threads, there are quite detailed explanation of quota allocations. ROW is the rest of the world, and yes they get to use ALL of the rest: within ROW spillover occurs from EB-1 to EB-2 to EB-3, so whatever visas are available/leftover will be used up by EB-3 ROW -- they have suffered massive retrogression for many years, and now early PDs will not be stuck in the FBI blackhole.
I am not saying that EB-3 ROW cutoff will necessarily move further forward (i.e forward from Jan05) -- DOS intent is to use up all the remaining greencards -- and it might well be that the current cutoff will achieve that goal -- if it doesn't only then will they move the EB-3 ROW dates forward. Oversubscribed countries get a spillover ONLY if EB-1 ROW + EB-2 ROW + EB-3 ROW still leave unused visas.
See my post here (http://immigrationvoice.org/forum/showpost.php?p=224031&postcount=200) as well.
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kutra
03-20 09:00 AM
You still haven't shown me the text from any of the three bills that says Masters in STEM are exempt from the EB cap. After all, that's the only thing that will prove you or me wrong.
Regards,
Jayant
Jayant aka PD_Dec2002:
Can't believe you got suckered into this. "gceb1" is up to no good...spewing his frustration at you and lskreddy. He/she cannot justify his own posts to save his/her own butt.
I count you among the several "voices of reason and logic" in these forums since more-often-than-not you will do the research and provide appropriate links. So just ignore this "gceb1" idiot, and continue what you do. Ideally, everyone should ignore this "gceb1" idiot. :)
Regards,
Jayant
Jayant aka PD_Dec2002:
Can't believe you got suckered into this. "gceb1" is up to no good...spewing his frustration at you and lskreddy. He/she cannot justify his own posts to save his/her own butt.
I count you among the several "voices of reason and logic" in these forums since more-often-than-not you will do the research and provide appropriate links. So just ignore this "gceb1" idiot, and continue what you do. Ideally, everyone should ignore this "gceb1" idiot. :)
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telekinesis
05-20 01:04 AM
Congrats on gradulating, I did that last year and just finished my freshman year of college this year.
milind70
08-26 08:00 PM
Hi Guys please help me
Yesterday i got my receipt i check the status online the status is saying
Receipt Number: LINXXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Fingerprint fee rejected and notice mailed; case in suspense.
On August 21, 2007, we rejected your fingerprint fee and mailed you instructions for how to submit the necessary payment. This case is now in suspense.
Please submit your payment with our notice as soon as possible after you receive our notice so we may resume processing of this case.
But USCIS cashed my checks i didn't know what went worng the total amount i paid is 325+70,170,180.
Did any guys get same kind of problem?
It might be a glitch in thier system, if u know u have paid the correct fees then relax.
Yesterday i got my receipt i check the status online the status is saying
Receipt Number: LINXXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Fingerprint fee rejected and notice mailed; case in suspense.
On August 21, 2007, we rejected your fingerprint fee and mailed you instructions for how to submit the necessary payment. This case is now in suspense.
Please submit your payment with our notice as soon as possible after you receive our notice so we may resume processing of this case.
But USCIS cashed my checks i didn't know what went worng the total amount i paid is 325+70,170,180.
Did any guys get same kind of problem?
It might be a glitch in thier system, if u know u have paid the correct fees then relax.
techbuyer77
09-17 01:42 PM
I have the letter thay gave me and proof I did work with them.
And I guess I will start keeping news paper clips because right now everyone knows how bad the real estate market is but in 5 years or more I hope USCIS remember.
And I guess I will start keeping news paper clips because right now everyone knows how bad the real estate market is but in 5 years or more I hope USCIS remember.
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