pappu
07-20 09:25 AM
No, only contiguous H1-B renewals(after 3 years or yearly extensions after 6 years) are exempted from the cap. If you go back to school and apply for a fresh H1, then it is very much counted against the cap. Apart from falling back to H4 or F2(if you are married and your spouse is on H1/F1), i dont see too many options if you cannot get one of the masters quota H1. BTW, if you dont have an OPT and are out of school, then how are you still here ?
If the company is multinational, ask them to give you a foriegn posting for a year and then you can come back on a fresh new H1B visa or L1 visa.
If the company is multinational, ask them to give you a foriegn posting for a year and then you can come back on a fresh new H1B visa or L1 visa.
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SunnySurya
08-21 03:15 PM
Thanks, I gave you some green dots for your answers.
You asked about my age: I will be 40yrs old this December. I came here when I was 29.
Even though you wanted to file a lawsuit against EB3( I am EB3 2004, with US Masters and Indian Bachelors both in Computer Science) I will still go ahead give you some suggestions.
1) I am guessing since you are working for consulting company, you might have worked at client places here in US. Nowadays everyone is in the fashion of opening their own India office like Target, BOA etc. So if you have worked with these clients and have good references from a PM or VP then you might be able to get in India office fairly easily and with really good pay. You could try for managerial roles.
2)As someone suggested Real Estate is another option
3) Otherthing to look in to is opening a school, this will help serve the community and also make money for you. Schools in India are going nowhere, so very less risk.
Hope this helps you...but what I am not sure from your statements is, are you frustrated with the wait for GC or are you frustrated with making less than what you should be making or are you frustrated in general?
Do not know your age, could be mid life crisis :D think about it....take a vacation....
You asked about my age: I will be 40yrs old this December. I came here when I was 29.
Even though you wanted to file a lawsuit against EB3( I am EB3 2004, with US Masters and Indian Bachelors both in Computer Science) I will still go ahead give you some suggestions.
1) I am guessing since you are working for consulting company, you might have worked at client places here in US. Nowadays everyone is in the fashion of opening their own India office like Target, BOA etc. So if you have worked with these clients and have good references from a PM or VP then you might be able to get in India office fairly easily and with really good pay. You could try for managerial roles.
2)As someone suggested Real Estate is another option
3) Otherthing to look in to is opening a school, this will help serve the community and also make money for you. Schools in India are going nowhere, so very less risk.
Hope this helps you...but what I am not sure from your statements is, are you frustrated with the wait for GC or are you frustrated with making less than what you should be making or are you frustrated in general?
Do not know your age, could be mid life crisis :D think about it....take a vacation....
FinalGC
10-30 03:46 PM
I was reading the USA Today articles and I have a suggestion...guys please try to do spell check before you submit to such forums. It looks bad on us especially when we call ourselves skilled immigrants.
One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....
One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....
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walking_dude
03-03 05:23 PM
Google checkout option has been discontinued due to logistics issues. One time contributions can still be made through PayPal (as before) or by mailing checks of IVs P.O. box in CA.
more...
VMH_GC
12-15 02:19 PM
I guess the officer did the right thing. In my opinion you don't have to worry about this. Tear the i-94 from your 797 and send it to lawyer along with your original i-94.
GCard_Dream
06-29 03:58 PM
It is a shady practice. The main reason an employer wouldn't give you a copy of a I-140 is that if you were to leave company A and company B sponsors you for GC, you can keep your old priority date. But that is only possible if you can furnish a copy of approved I-140 to INS. It is such a stupid practice on part of INS to request the petitioner to provide a copy of something (like I-140) that they themselves approved and should already have a record of. But I don't think anyone expects any better from INS anyway.
I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).
This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).
This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
more...
Berkeleybee
03-28 11:03 AM
Berkleybee,
We know IV has set policies about postings, but i have to agree with Jnayar here. It is really a waste of time and counterproductive for individuals to be on 2-3 different forums. Especially when the creme-de-la-creme is on this one.
I mean at max, some people will read the issues and not post a reply, but if someone DOES have an answer, it would make life easier on the person that posted the question. From my personal experience, i used to visit the ImmigrationPortal religiously during the past year. Now i have not once stepped onto that forum, coz most of my needs regarding information are met here. We have a strong, vast and diverse community on here and we can help each other out, being that most Immigration Lawyers are not very prompt in answering our questions. You guys have been doing a great job moderating this forum, but we need to have a seperate category for these extra issues.
Adding another forum should not be too big of an issue in my opinion, though the Admin could shed some light on this.
All people have to do is monitor two forums. That is exactly what I do. When my application was sent off to the Texas Service Center from the CSC, I posted on Immig Portal not here.
We do not want IV to become just another forum. We want to keep our activism at the forefront. And we want the "creme de la" as you call them to focus on the work at hand not answering every question that comes along. If you are familiar with Immig Portal you know that the same question is asked repeatedly, misinformation is spread and moderators have enough to do without getting involved in all that. Not to mention frayed nerves, name calling and the all the rest of it. As it is it is hard to keep people on topic in any given thread. I am not sure you know about the behind the scenes work needed to keep this forum accurate, civil and on point.
Please understand that we think of Immig Portal as a complementary forum. We were born there, and we think it is the appropriate forum to discuss processing issues.
And as for extra time, think of all the extra time IV volunteers are spending just getting basic IV work done. Spend the extra 5 mins to go to Immig Portal.
warm regards,
Berkeleybee
We know IV has set policies about postings, but i have to agree with Jnayar here. It is really a waste of time and counterproductive for individuals to be on 2-3 different forums. Especially when the creme-de-la-creme is on this one.
I mean at max, some people will read the issues and not post a reply, but if someone DOES have an answer, it would make life easier on the person that posted the question. From my personal experience, i used to visit the ImmigrationPortal religiously during the past year. Now i have not once stepped onto that forum, coz most of my needs regarding information are met here. We have a strong, vast and diverse community on here and we can help each other out, being that most Immigration Lawyers are not very prompt in answering our questions. You guys have been doing a great job moderating this forum, but we need to have a seperate category for these extra issues.
Adding another forum should not be too big of an issue in my opinion, though the Admin could shed some light on this.
All people have to do is monitor two forums. That is exactly what I do. When my application was sent off to the Texas Service Center from the CSC, I posted on Immig Portal not here.
We do not want IV to become just another forum. We want to keep our activism at the forefront. And we want the "creme de la" as you call them to focus on the work at hand not answering every question that comes along. If you are familiar with Immig Portal you know that the same question is asked repeatedly, misinformation is spread and moderators have enough to do without getting involved in all that. Not to mention frayed nerves, name calling and the all the rest of it. As it is it is hard to keep people on topic in any given thread. I am not sure you know about the behind the scenes work needed to keep this forum accurate, civil and on point.
Please understand that we think of Immig Portal as a complementary forum. We were born there, and we think it is the appropriate forum to discuss processing issues.
And as for extra time, think of all the extra time IV volunteers are spending just getting basic IV work done. Spend the extra 5 mins to go to Immig Portal.
warm regards,
Berkeleybee
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HumJumboHathuJumbo
10-31 11:02 AM
what address should i mail my I-131?. I did not file with my I485 application.there is a chicago address on form I131.should i mail it there?.
thanks
thanks
more...
prdgl
02-11 11:08 AM
But quality of life is determined by the freedom and once you get your GC then you will be able to do anything, right ? or I am thinking wrong.
If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker
Also, are you talking about the risk involved in changing jobs because of H1B transfer process. Because I am a contractor and all consulting companies are MORE or LESS the same. They all try to make money out of you. So I am trying to understand what kind of risk is that.
Your thoghts are important. Please let me know.
Thanks
If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker
Also, are you talking about the risk involved in changing jobs because of H1B transfer process. Because I am a contractor and all consulting companies are MORE or LESS the same. They all try to make money out of you. So I am trying to understand what kind of risk is that.
Your thoghts are important. Please let me know.
Thanks
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sledge_hammer
02-20 06:06 PM
1) What is her current status H1B or H4?
A) H1
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
A) It is her employer's responsibility to cancel her H-1B if he did not pay her and offer the job she was promised. In my opinion, she is already out of status.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
A) She will have to re-apply for H4 and re-enter the country.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
A) Contact an attorney.
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
A) H1
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
A) It is her employer's responsibility to cancel her H-1B if he did not pay her and offer the job she was promised. In my opinion, she is already out of status.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
A) She will have to re-apply for H4 and re-enter the country.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
A) Contact an attorney.
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
more...
yabadaba
06-18 12:00 PM
thanks tnite!!!... u r right my opt/h1b overlaped comfortably and i was never out of status
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enggr
06-25 10:02 AM
The attorney sent my I-94 and we got approval until Nov 2010. (this happened in sep/oct 2008)
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chandrajp
08-15 03:26 PM
I sent back a new I-693 form along with TB testresult (thru USPS). USCIS received the document on 08/14.
Today (08/15), I got a mail with contents
"Current Status: Response to request for evidence received, and case
processing has resumed"
Do you have any idea, how long it will take to approve the 485 after they receive the RFE documents.
Do they still continue to approve the cases after Aug 17th?
I got an RFE for the latest employment letter. After I sent the required documents, in about 8 days I got approved. I'm hoping yours should be close
Today (08/15), I got a mail with contents
"Current Status: Response to request for evidence received, and case
processing has resumed"
Do you have any idea, how long it will take to approve the 485 after they receive the RFE documents.
Do they still continue to approve the cases after Aug 17th?
I got an RFE for the latest employment letter. After I sent the required documents, in about 8 days I got approved. I'm hoping yours should be close
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Project_A
10-27 10:07 AM
Thank you.
If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?
Thanks a lot for your kind help.
If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?
Thanks a lot for your kind help.
more...
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lostinbeta
10-21 01:32 AM
I was thinking more of tucked in between the leaves and the symbols in the lower right hand corner (but sticking out a bit so it is all showing and not convered by the leaves and symbols).
It is your image though, so put it wherever you want.
Suggestion: don't keep it there (I am such a hypocrite sometimes :P )
It is your image though, so put it wherever you want.
Suggestion: don't keep it there (I am such a hypocrite sometimes :P )
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Alabaman
09-05 10:28 PM
Contact Lou Dobbs and tell him to do a story so he knows what we are going through :)
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logiclife
06-09 11:06 AM
Uptill 2001/2002 H1B transfer/extensions used to take 15 days to 1 month. Now they take anywhere between 4-8 months. You'll see once the premium I-140 comes into being. The regular I-140 will take forever. Premium processings have implications on regular processing. Basically they are discouraging people to file in regular queue.
I disagree. The introduction of premium processing didnt slow regular H1B transfer down. H1B transfer was slow even before premium processing existed.
It also depends on traffic. Some years, when H1 quota was 195K, obviously the number would slow people down.
I disagree. The introduction of premium processing didnt slow regular H1B transfer down. H1B transfer was slow even before premium processing existed.
It also depends on traffic. Some years, when H1 quota was 195K, obviously the number would slow people down.
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jcrajput
06-18 03:35 PM
What is the best way to send the documents to the emabassy? I asked because I live in Ahmedabad and I am planning to go for stamping the very next day I arrive in India.
Thanks for your help.
jignesh
Thanks for your help.
jignesh
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alex99
04-08 02:14 PM
(EB1)
2007 2006 2005
26,697 36,960 64,731
(EB2)
44,162 21,911 42,597
(EB3)
85,030 89,922 129,070
How come EB3 is getting major share from the annual limit for last three years(2007,2006, and 2005)
Gurus : please through some light on this?
2007 2006 2005
26,697 36,960 64,731
(EB2)
44,162 21,911 42,597
(EB3)
85,030 89,922 129,070
How come EB3 is getting major share from the annual limit for last three years(2007,2006, and 2005)
Gurus : please through some light on this?
WaldenPond
07-21 08:48 PM
EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
Hi Suk,
We have been already working on this. Please see:
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf
On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".
This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.
Thanks for your help!
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
Hi Suk,
We have been already working on this. Please see:
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf
On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".
This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.
Thanks for your help!
Krilnon
01-21 07:44 PM
I'll come up with a handier way of viewing them shortly… watch this space.
Edit: Somewhat handier: http://reclipse.net/kirupa/fxpression09/entries.html
Edit: Somewhat handier: http://reclipse.net/kirupa/fxpression09/entries.html
