Ahimsa
01-31 09:27 PM
As many as 500,000 legal immigrants are in a limbo on the greencard process. Just resolve their issues so you will see most of them opening new businesses, buy houses - this will trigger high financial activity and will improve the economy automatically. Unemployment will be a thing of the past.
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Sai gc
05-15 12:41 PM
hey ,
My 140 was in TSC and recently got transfered to NSC,where my 1-485 is pending.
At this point I dont think my employer revoked 140 .(pretty much sure)
If it is cleaning up files ,then why Pending again ,this is what is making me worried.
victory by chance did you call USCIS to check what is happening with your case.
(I invoked AC 21 and also got RFE last August when my PD was current momentarily for which i responded back with EVL(employment verification letter) .
Any thoughts.
My 140 was in TSC and recently got transfered to NSC,where my 1-485 is pending.
At this point I dont think my employer revoked 140 .(pretty much sure)
If it is cleaning up files ,then why Pending again ,this is what is making me worried.
victory by chance did you call USCIS to check what is happening with your case.
(I invoked AC 21 and also got RFE last August when my PD was current momentarily for which i responded back with EVL(employment verification letter) .
Any thoughts.
justareader
10-08 07:33 PM
Well for us EB-3, hope is what we have
bloody bulletin . never moves
I am still short of 16 days.
bloody bulletin . never moves
I am still short of 16 days.
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lskreddy
01-12 11:16 AM
Kiran,
My wife and I plan to go to Delhi in the first week of Feb, have not booked the actually appointment yet but plan to. Couple of questions.
Was the calendar fairly open in Delhi for you to book appointments? Can you suggest a hotel that you stayed in and liked, etc..?
Thanks.
My wife and I plan to go to Delhi in the first week of Feb, have not booked the actually appointment yet but plan to. Couple of questions.
Was the calendar fairly open in Delhi for you to book appointments? Can you suggest a hotel that you stayed in and liked, etc..?
Thanks.
more...
GCSOON-Ihope
11-13 06:09 PM
So just to have the last word you somehow went in deleted all the following posts after your post? Good going!
No, my dear, I did not delete anything! Mr.Pappu maybe?
Alright, now you have to answer again to get the last word!
Hurry up before the censorship deletes everything (they must be tired of us)!:) :)
No, my dear, I did not delete anything! Mr.Pappu maybe?
Alright, now you have to answer again to get the last word!
Hurry up before the censorship deletes everything (they must be tired of us)!:) :)
morchu
05-04 02:44 PM
Going to the original question. The H1B doesnt get invalidated.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.
As per the Neufeld memo links below:
On page 4 of memo:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.
See links below for more data
http://ac21portability.com/modules/wflinks/
see Neufeld memo specifically, they also have all other memos and guidelines.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.
As per the Neufeld memo links below:
On page 4 of memo:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.
See links below for more data
http://ac21portability.com/modules/wflinks/
see Neufeld memo specifically, they also have all other memos and guidelines.
more...
pbojja
06-12 04:49 PM
Unlucky lot.
Looks like you are in a rush .. You filed your labor in 2007 and expect to get a GC before a guy who is waiting in EB3 from 2002 0r 2003 ?
There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?
By the way I m Eb2 2006.
Looks like you are in a rush .. You filed your labor in 2007 and expect to get a GC before a guy who is waiting in EB3 from 2002 0r 2003 ?
There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?
By the way I m Eb2 2006.
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Administrator2
07-07 08:05 PM
mbawa,
We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.
IV Team
We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.
IV Team
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snathan
12-09 10:51 AM
Dream Act 'Motion to proceed' passes with 59 to 40 votes.
It goes for cloture vote, which require 60 votes.
Is there any hope for us...
It goes for cloture vote, which require 60 votes.
Is there any hope for us...
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SlowRoasted
04-24 10:32 PM
very cool, i like the first one most, reminds me of the dessert.
more...
willgetgc2005
04-13 05:57 PM
Please send emails if you would like. I have sent the one below.
Honorable Senator,
I am writing to you about 'High-Tech Worker Relief Act of 2007'
At the outset , let me express my sincere gratitude for introducing this bill. I have been in the US lawfully under the highly skilled category since 1999. However, my Permanent Residency is still pending because of employment based visa back logs. One very useful provision that I request you to introduce in this bill is to recapture the unused employment based Permanent residence visa numbers from 2001 through 2005 and use it now. These Visa numbers have never been used due to various reasons within the USCIS. Using these Visa numbers will provide much needed relief to people like myself who have been waiting for many many years.
I love this country and am eager to make more contributions. Permanent Residence will allow me to start my own enterprise and create jobs in this country that I have come to respect, admire and live in. Waiting in the limbo for several years not knowing the outcome is constraining my education, abilities , work experience and drive.
Again, Thank You for introducing this bill and I urge you to add the provision to recapture the unused employment based permanent visa numbers form 2001 through 2005 that will provide the much needed relief.
Honorable Senator,
I am writing to you about 'High-Tech Worker Relief Act of 2007'
At the outset , let me express my sincere gratitude for introducing this bill. I have been in the US lawfully under the highly skilled category since 1999. However, my Permanent Residency is still pending because of employment based visa back logs. One very useful provision that I request you to introduce in this bill is to recapture the unused employment based Permanent residence visa numbers from 2001 through 2005 and use it now. These Visa numbers have never been used due to various reasons within the USCIS. Using these Visa numbers will provide much needed relief to people like myself who have been waiting for many many years.
I love this country and am eager to make more contributions. Permanent Residence will allow me to start my own enterprise and create jobs in this country that I have come to respect, admire and live in. Waiting in the limbo for several years not knowing the outcome is constraining my education, abilities , work experience and drive.
Again, Thank You for introducing this bill and I urge you to add the provision to recapture the unused employment based permanent visa numbers form 2001 through 2005 that will provide the much needed relief.
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TO BE OR NO TO BE
10-22 08:33 AM
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
Yes. I consulted a famous laywer earlier this month on this issue. She mentioned to me that normally USCIS don't have any issues in porting even if your previous I-140 is revoked, but law allows them to not let you port the PD (only in the case if previous employer revokes I-140). Just to clarify though, previous employer's I-140 withdrawal does not effect your existing green card processing as long as I-140 was approved and 180 days have passed since filing of I-485.
I hope this helps.
Yes. I consulted a famous laywer earlier this month on this issue. She mentioned to me that normally USCIS don't have any issues in porting even if your previous I-140 is revoked, but law allows them to not let you port the PD (only in the case if previous employer revokes I-140). Just to clarify though, previous employer's I-140 withdrawal does not effect your existing green card processing as long as I-140 was approved and 180 days have passed since filing of I-485.
I hope this helps.
more...
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pointlesswait
01-05 04:21 PM
i woudl think the actual number porting is miniscule...
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
It may be a common thing - swaying away from EB3 to Eb2 for earlier PD holders and there by choking up some EB2 space but shouldn't that cause loosening ( i'm not talking substantial ) in EB3 Priority Date ?
I mean EB3 India Priority Dates seems to have a Coma and that always hover around Aug/Oct 2001 - for last few years its like , it moves like some months and then scrolls down.
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
It may be a common thing - swaying away from EB3 to Eb2 for earlier PD holders and there by choking up some EB2 space but shouldn't that cause loosening ( i'm not talking substantial ) in EB3 Priority Date ?
I mean EB3 India Priority Dates seems to have a Coma and that always hover around Aug/Oct 2001 - for last few years its like , it moves like some months and then scrolls down.
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sa.node
02-15 09:01 PM
All
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
more...
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indianindian2006
07-28 02:00 PM
I got the same LUD on AP on 7/27/2008
EB2 India PD 04/2006.
EB2 India PD 04/2006.
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Alabaman
03-26 07:36 PM
Proves that we are not cheap labor and we are not driving the salaries down. I know citizens in my position in my company are not being paid more than me. We had waited for three months to fill a position and we have to compromise in the end because we could not get enough resumes to go through.
...proves to who?? Would we be just making ourselves happy??
...proves to who?? Would we be just making ourselves happy??
more...
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sanjay
04-22 02:37 PM
This is ONLY EB2- India Priority dates from prior visa bulletins. Just FYI - no guesses no assumptions.
Jan-05 C
.
.
.
.
Apr-08 1-Dec-03
May-08 1-Jan-04
What's the deal here? I think this info is posted a lot of times. Any reason to post it again? Just trying to find reason.
Jan-05 C
.
.
.
.
Apr-08 1-Dec-03
May-08 1-Jan-04
What's the deal here? I think this info is posted a lot of times. Any reason to post it again? Just trying to find reason.
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floridasun
01-12 11:22 AM
dude.. stop spitting garbage especially when u dont know my situation
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hmehta
09-24 07:57 PM
I know this is not the original question asked, but I have heard that bad driving record surely does affect your green card processing!
Nikith77
03-12 03:55 PM
Just Relax, And Enjoy the ride.
GCard_Dream
07-28 05:07 PM
In other words there isn't really any harm in using the travel doc so long as you don't use the EAD and maintain h1/h4. This is good to know. However, I am still thinking about technical details like whether to surrender the I94 or not on the way out and whether I should show both H1/H4 and travel doc to the IO at POE.
When i asked my lawyer, they said that this is not true. You can come back with travel documents and still continue on h1/h4. You lose your h1/h4 status only if you use your ead card.
Ar
When i asked my lawyer, they said that this is not true. You can come back with travel documents and still continue on h1/h4. You lose your h1/h4 status only if you use your ead card.
Ar
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