TheOmbudsman
08-31 11:11 AM
The article below can be a strong argument on why good immigrants should be allowed to immigrate, or at least let us finish the half-lives that we started years ago since we are in the middle of the process already:
http://www.msnbc.msn.com/id/14535863/site/newsweek/page/3/
100% of the calls to today's program were from anti-H1B people. Not 1 call supported the H1Bs. If corporates are supporting more GCs for us, and since the fate of H1B/Employment GCs is linked, we ought to support H1B legislation.
How can we get an advance notification of this recordings?? Seems the anti-immigrant forces have the inside tack
here...
Also, the C-SPAN commentator on H1B/immigration issues is frequntly Dena Bunis of the Orange County register. She said the corporate lobbies "have convinced congressman" there is a shortage...implying that there wasn't one. She needs to be contacted . Here contact info (202) 628-6381 or dbunis@ocregister.com
http://www.msnbc.msn.com/id/14535863/site/newsweek/page/3/
100% of the calls to today's program were from anti-H1B people. Not 1 call supported the H1Bs. If corporates are supporting more GCs for us, and since the fate of H1B/Employment GCs is linked, we ought to support H1B legislation.
How can we get an advance notification of this recordings?? Seems the anti-immigrant forces have the inside tack
here...
Also, the C-SPAN commentator on H1B/immigration issues is frequntly Dena Bunis of the Orange County register. She said the corporate lobbies "have convinced congressman" there is a shortage...implying that there wasn't one. She needs to be contacted . Here contact info (202) 628-6381 or dbunis@ocregister.com
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JunRN
09-21 04:39 PM
p_kumar, Sep. 18 is your Notice Date while your Receipt Date will be the date USCIS physically received your application.
legalVoice
02-08 09:49 AM
It typically comes after 12 of every month.
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lazycis
02-29 11:34 AM
mallu is right. H1B status expires immediately when a person stops working. An employer is required by law to notify the USCIS about a lay off and the USCIS revokes H1B as of that date. There is no grace period, so the only chance to preserve H1 status is to find a new job and file H1B transfer BEFORE the lay off. Preserving I-485 is a different story and you are in a good shape regarding GC. Just find a new job, use EAD and stop worrying about H1 status. It does not worth the hassle and you may not get any benefits from H1.
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roseball
01-23 12:45 AM
I am in a similar situation. My current H1B and my wife's H4 expire on June 20th, 2007. I have filed for my 7th year extension as well as my wife's H4 extension in Dec 2006. I got receipt notices for both the application with a notice date of Dec 21st, 2006.
I am planning to apply for my wife's H4-H1 in April this year under premium processing and I was wondering what would happen to her H4 application if her H1 petition gets approved first. Will she be out-of-status between June 21 and Sept 30, as her H1 would start on Oct 1st. Also, what happens to her H1 if her H4 is approved after H1.
Any thoughts.
I am planning to apply for my wife's H4-H1 in April this year under premium processing and I was wondering what would happen to her H4 application if her H1 petition gets approved first. Will she be out-of-status between June 21 and Sept 30, as her H1 would start on Oct 1st. Also, what happens to her H1 if her H4 is approved after H1.
Any thoughts.
Fightwithfate
03-19 06:11 PM
My wife changed her job after getting H1B transfer receipt. Her previous H1B is not expired or revoked. After one month with new employer, her H1B is denied. We didn't appeal, but immediately filed new H1B with another employer and give paystub of the denied employer with all details. She got her H1B approved with the latest employer. This happened 4 years back.
So, if H1B denied, you can file appeal or find a new job and file new petition ASAP.
Thank you for your information.I hope you know the situation right now in USA.In jan 2010 H1 people came to Newark Airport were asked to form in a separate queue as soon as they get down from the flight for two levels of interview.Some of them are sent back.Now you can't find employer to transfer your H1 immediately.Before two years it was possible to transfer H1 with out having recent pay stubs and they never asked client letter.Now if you don't have a job you can't transfer your H1 to anybody.
Before Sep 2009 it was two minutes time to take LCA. Now it takes 1 week time to approve LCA. We never heard about Employer-Employee relationship before 2010.
So, if H1B denied, you can file appeal or find a new job and file new petition ASAP.
Thank you for your information.I hope you know the situation right now in USA.In jan 2010 H1 people came to Newark Airport were asked to form in a separate queue as soon as they get down from the flight for two levels of interview.Some of them are sent back.Now you can't find employer to transfer your H1 immediately.Before two years it was possible to transfer H1 with out having recent pay stubs and they never asked client letter.Now if you don't have a job you can't transfer your H1 to anybody.
Before Sep 2009 it was two minutes time to take LCA. Now it takes 1 week time to approve LCA. We never heard about Employer-Employee relationship before 2010.
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realist
01-27 09:21 AM
I see an update on jan 24 on this bill to grant 55000 visas for advance degree holders from DV lottery. Does this mean progress? Rest of the immigration bills never make it to the sub committee.
Jan 5th Referred to the House Committee on the Judiciary.
Jan 24th Referred to the Subcommittee on Immigration Policy and Enforcement
This is interesting, and if the DV system is taken out, it will help many in the eb category. This is good, hopefully it will come to a vote.
Jan 5th Referred to the House Committee on the Judiciary.
Jan 24th Referred to the Subcommittee on Immigration Policy and Enforcement
This is interesting, and if the DV system is taken out, it will help many in the eb category. This is good, hopefully it will come to a vote.
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gemini23
08-14 09:52 AM
Hi JanakP,
blessed are those who make generalizations and baseless assumptions.
God bless you.
blessed are those who make generalizations and baseless assumptions.
God bless you.
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raysaikat
07-10 06:49 PM
Thank you for your advice. My last M.Sc. and Ph.D. is from the USA. My Ph.D. is about manufacturing of aircraft brakes with Honeywell.
EB1-B or EB-2 is more suitable for me?
what bothers me is that I am not cited in the literature yet and I do not have awards.
Thanks,
John
Your profile does not sound enough for either EB1-OR (aka EB1-B aka EB1-2) or EB2-NIW. As pointed out before, if your employer is unwilling to "sponsor" you (i.e., not willing to sign a support letter), then you can go only with either EB1-EA or EB2-NIW. All other categories, including EB1-OR require sponsorship from the employer. In general, the lowest non-retrogressed preference level is the best bet. If you were born in Egypt, then that is EB2 (standard EB2 sponsored by your employer). For people who were born in India and (mainland) China, it is EB1.
EB1-B or EB-2 is more suitable for me?
what bothers me is that I am not cited in the literature yet and I do not have awards.
Thanks,
John
Your profile does not sound enough for either EB1-OR (aka EB1-B aka EB1-2) or EB2-NIW. As pointed out before, if your employer is unwilling to "sponsor" you (i.e., not willing to sign a support letter), then you can go only with either EB1-EA or EB2-NIW. All other categories, including EB1-OR require sponsorship from the employer. In general, the lowest non-retrogressed preference level is the best bet. If you were born in Egypt, then that is EB2 (standard EB2 sponsored by your employer). For people who were born in India and (mainland) China, it is EB1.
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Gclong
07-20 01:16 PM
Thanks very much for your advice.
Will try to get the affidavit asap.
I have to send the original of birth certificate or a copy will do?
Gclong
Will try to get the affidavit asap.
I have to send the original of birth certificate or a copy will do?
Gclong
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guyfromsg
10-03 07:28 PM
I'm in the same boat, FPd on 9/20 no LUD so far. Besides calling FBI FP phone number and checking with them if the results have been sent to USCIS you can't do anything other than waiting. FP has nothing to do with name check.
Some people got LUD after FP and some didn't ( like me). Please do a Google search "FP no LUD" and you will see various forums in , Immigrationportal, IV and murthy talking about the same and there is no black and white answer. Good news is some people even got green card without any update on the LUD.
Yes I agree it's frustrating but our options are limited at this point :(
Some people got LUD after FP and some didn't ( like me). Please do a Google search "FP no LUD" and you will see various forums in , Immigrationportal, IV and murthy talking about the same and there is no black and white answer. Good news is some people even got green card without any update on the LUD.
Yes I agree it's frustrating but our options are limited at this point :(
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DianaSteve
05-24 06:15 PM
He was reading some immigration article that was published today and quoted immigrationvoice from that article. He is against immigration legal or illegal.
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eeezzz
12-20 04:29 PM
28.6% Each for EB-1, 2, 3
Divide this 28.6% into 4 quarters/12 months so each quater/month has some quota.
If divide into 4, each category has 7.15% quota in each quarter.
There's limitation for each country.
Each quarter, when a country hits the limitation, cut-off date shows up to make sure no more applicant processed for that country.
Back to the old time, unused quota after 4th quarter are going to trash can, despite there's cut-off date for certain country or certain category.
In 4th quarter of 2007, according to USCIS, To not waste the quota, they set every category current. In this case, they process your application randomly or according to the receive date to USCIS regardless your EB category or country.
So very likely unused EB-1 quota go to EB-2 ROW, not China/India/... if the country limit is hit. If the country limit is not hit, EB-1 quota is for EB-1 until EB-1 for every country is current. There's no EB-1 ROW quota or EB-1 India quota.
Hopefully, at the 4th quarter, they will push a big forward again(but please don't do current in every category again, that is a mess) to ensure the quota for the year is fully used and not going to trashcan. And that opportunity is even to everyone if they pick up the case with in the cut off date randomly regardless receiving date and country. Or they process it according to receiving date, FIFO, country not matters.
If they think it was a mess for 2007 and not going to do it again. they might go back to old way and those unused quota are just gone to trashcan. This is the part we should work on and try to avoid.
Divide this 28.6% into 4 quarters/12 months so each quater/month has some quota.
If divide into 4, each category has 7.15% quota in each quarter.
There's limitation for each country.
Each quarter, when a country hits the limitation, cut-off date shows up to make sure no more applicant processed for that country.
Back to the old time, unused quota after 4th quarter are going to trash can, despite there's cut-off date for certain country or certain category.
In 4th quarter of 2007, according to USCIS, To not waste the quota, they set every category current. In this case, they process your application randomly or according to the receive date to USCIS regardless your EB category or country.
So very likely unused EB-1 quota go to EB-2 ROW, not China/India/... if the country limit is hit. If the country limit is not hit, EB-1 quota is for EB-1 until EB-1 for every country is current. There's no EB-1 ROW quota or EB-1 India quota.
Hopefully, at the 4th quarter, they will push a big forward again(but please don't do current in every category again, that is a mess) to ensure the quota for the year is fully used and not going to trashcan. And that opportunity is even to everyone if they pick up the case with in the cut off date randomly regardless receiving date and country. Or they process it according to receiving date, FIFO, country not matters.
If they think it was a mess for 2007 and not going to do it again. they might go back to old way and those unused quota are just gone to trashcan. This is the part we should work on and try to avoid.
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alterego
06-21 08:00 PM
How did you send your payment? Was is a personal check or a Money Order.
I renewed 5 times for myself and five times for my wife and each time I sent a money order and it went thorough without issue.
I am not sure if they accept personal checks however. You have to look into that if that was how you were attempting to pay.
Once you have the correct payment method, and have done your part, contact your congressman's office, or your senators office, and have them follow it up. You could also explain the delay and send them a copy of the relevant documents including payments. FYI, always better to call their immigration liason and develop a regular contact with them.
It will be helpful to you and also help with any lobbying efforts. I urge more of you to do that.
I've got to tell you however that sometimes, even if you do everything right, they can be late. They took 124 days once for me, and I applied 96 days ahead of the expiry. In the end, no reason, no explanation, no apology, no nothing, just an approval notice and card. It is another of the uncertainties you have to deal with as an EAD holder. Fortunately for me I had a concurrent H1b running at the time and my Lawyer suggested I continue working.
I renewed 5 times for myself and five times for my wife and each time I sent a money order and it went thorough without issue.
I am not sure if they accept personal checks however. You have to look into that if that was how you were attempting to pay.
Once you have the correct payment method, and have done your part, contact your congressman's office, or your senators office, and have them follow it up. You could also explain the delay and send them a copy of the relevant documents including payments. FYI, always better to call their immigration liason and develop a regular contact with them.
It will be helpful to you and also help with any lobbying efforts. I urge more of you to do that.
I've got to tell you however that sometimes, even if you do everything right, they can be late. They took 124 days once for me, and I applied 96 days ahead of the expiry. In the end, no reason, no explanation, no apology, no nothing, just an approval notice and card. It is another of the uncertainties you have to deal with as an EAD holder. Fortunately for me I had a concurrent H1b running at the time and my Lawyer suggested I continue working.
more...
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bhavinkanani
10-12 10:08 AM
Hi
I am in 7th year of H1b now..last time my h1b was renewed dates were until April 2008. I went to india in Dec 2006 and came back in Jan 2007. My passport was expiring on Sept 29th 2007 so Immigration officer dated my I-94 until sept 29th 2007 and told me same thing that you can go to any port of entery or international airport and meet USCIS officer and extend your I-94 with your new passport. I waited until last moment and around sept 24th I went to USCIS officer on airport as well as on Port of Entry (called Deffered Inspection site). Both places got answer you need to file extention online because we only correct mistakes and this is not a mistake but it was case of passport expiration. I called my lawyer, my hr, my company lawyer. Everyone told me I cant work after 29th sept as my i-94 is expiring. Thats same as your H1 expiring. SO either leave country and comeback with new stamping or file new h1b. I ended up filing new H1b as i had only couple of days left before my I-94 would have expired. I have filed I-485 and ead and my I-140 is pending. My pd is Dec 2003. As per my lawyer I want be out of status as mY I-485 is pending but I will loose eligibility to work as I wont have any work authorization once my I-94 expires and dont have EAD approved on my hand. I hope this helps you.
I am in 7th year of H1b now..last time my h1b was renewed dates were until April 2008. I went to india in Dec 2006 and came back in Jan 2007. My passport was expiring on Sept 29th 2007 so Immigration officer dated my I-94 until sept 29th 2007 and told me same thing that you can go to any port of entery or international airport and meet USCIS officer and extend your I-94 with your new passport. I waited until last moment and around sept 24th I went to USCIS officer on airport as well as on Port of Entry (called Deffered Inspection site). Both places got answer you need to file extention online because we only correct mistakes and this is not a mistake but it was case of passport expiration. I called my lawyer, my hr, my company lawyer. Everyone told me I cant work after 29th sept as my i-94 is expiring. Thats same as your H1 expiring. SO either leave country and comeback with new stamping or file new h1b. I ended up filing new H1b as i had only couple of days left before my I-94 would have expired. I have filed I-485 and ead and my I-140 is pending. My pd is Dec 2003. As per my lawyer I want be out of status as mY I-485 is pending but I will loose eligibility to work as I wont have any work authorization once my I-94 expires and dont have EAD approved on my hand. I hope this helps you.
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optimist578
12-03 04:50 PM
Gurus,
Here is my situation:
I-140 approved - PD: May '06
I-485 filed - July 30 '07 (India)
EAD cards - Received
APs - Received
Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.
I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!
I don't think there is any rule stating that you cannot join a new employer before finishing 180 days of AOS pending. I joined my new employer as soon as I filed my I-485. Although, I transfered my H1B also (did not use EAD).
If your previous employer has assured you that they will not revoke your I-140, then I think you can freely go ahead with your new job by transferring your H1B. Although, USCIS will not give you a 3 year H1B extension because you have already filed AOS.
I am in exactly the same situation as you are, in fact I have already jumped into this new boat quite some time ago.
Here is my situation:
I-140 approved - PD: May '06
I-485 filed - July 30 '07 (India)
EAD cards - Received
APs - Received
Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.
I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!
I don't think there is any rule stating that you cannot join a new employer before finishing 180 days of AOS pending. I joined my new employer as soon as I filed my I-485. Although, I transfered my H1B also (did not use EAD).
If your previous employer has assured you that they will not revoke your I-140, then I think you can freely go ahead with your new job by transferring your H1B. Although, USCIS will not give you a 3 year H1B extension because you have already filed AOS.
I am in exactly the same situation as you are, in fact I have already jumped into this new boat quite some time ago.
more...
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guyfromsg
07-16 10:15 PM
Is it possible to file I-485 without I-693(Medical) ?
The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.
Please advise
Medical reports are part of initial evidence and without them the case could be rejected. I think the new guidelines give the officers power to reject the case instead of asking for RFE if initial evidence is missing..
The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.
Please advise
Medical reports are part of initial evidence and without them the case could be rejected. I think the new guidelines give the officers power to reject the case instead of asking for RFE if initial evidence is missing..
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DSLStart
10-02 08:59 AM
doesn't matter if H1 is expired and AP is current. You are still good to fly via frankfurt.
How about coming back fron India to US on AP and expired H-1??
How about coming back fron India to US on AP and expired H-1??
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kavita
01-07 07:36 PM
I live in Chicago and would like to join..
Becks
02-28 09:25 PM
Find a new employer asap who can process H1 transfer. Otherwise use EAD if your 140 is approved. Also findout if your employer cancels your H1 once they lay you off.
Dear members,
I am on H1B with I-485 Pending and i have layoff coming. I have Approved EAD but i haven't used it. How much time I have to find another job without loosing H1B Status?
I appreciate your help
Dear members,
I am on H1B with I-485 Pending and i have layoff coming. I have Approved EAD but i haven't used it. How much time I have to find another job without loosing H1B Status?
I appreciate your help
csbbay
05-24 01:10 PM
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