tabletpc
05-28 12:02 PM
Thanks Ramba, Thats greatly appreciated.
In b/w as anyone heard of USCICS picking up 485 from later date and processing it or am i trying to be too pessimistic...???
Just want to make sure I analyze all pros/cons before making a decision.
Thanks ...
In b/w as anyone heard of USCICS picking up 485 from later date and processing it or am i trying to be too pessimistic...???
Just want to make sure I analyze all pros/cons before making a decision.
Thanks ...
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AabTuAgaGC
06-30 04:36 PM
Even though, i have everything ready, I will send my docs next week. No need to get into panic gear. If the dates retrogress, screw GC, if not well and good. Honestly, I am sick and tired of this bloody GC. I have far more things to worry about in life than if f***ing GC business. Screw you USCIS:mad: :mad:
jnayar2006
03-27 05:40 PM
nsnriv,
The idea of the IV forums is to discuss our agenda, and activities.
Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.
Good luck,
Berkeleybee
Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
The idea of the IV forums is to discuss our agenda, and activities.
Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.
Good luck,
Berkeleybee
Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
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WeShallOvercome
12-26 03:27 PM
I am not able to find the alien ship which I parked at JFK when I came here. Is it with NASA or the CIA?
;)
Check out the USCIS headquarters and look for the junk yard there..
;)
Check out the USCIS headquarters and look for the junk yard there..
more...
fide_champ
12-20 11:05 PM
Hi All,
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
Your friend's immediate task is to rectify the status issue. Either he has to get a visitor or a student visa and get back to status ASAP. Since his H1 was cancelled, he cannot do a H1 transfer. The other option is to go out of the country immediately and apply for a fresh H1. The new H1 would not be counted against the cap as he has not completed 6 years with the previous H1.
The safer bet i would say is to go out of country and come back with a new H1.
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
Your friend's immediate task is to rectify the status issue. Either he has to get a visitor or a student visa and get back to status ASAP. Since his H1 was cancelled, he cannot do a H1 transfer. The other option is to go out of the country immediately and apply for a fresh H1. The new H1 would not be counted against the cap as he has not completed 6 years with the previous H1.
The safer bet i would say is to go out of country and come back with a new H1.
Libra
07-11 08:24 PM
Beware he might shoot you:D bad idea
Expecting help from Cheney ?:confused:
Expecting help from Cheney ?:confused:
more...
atlfp
04-08 03:17 PM
The raw majority definitely counts. The reson S.1932 failed was because it was an extremely republican bill -- it went through without a single democrat vote. A small fraction of republican was able to black mail the visa numbers stuff because of republican can not afford to lose any single republican vote. They needed all of them to get it trhough. In another words, those anti-immigration guys did not build a coalition against legal immigration, as they still can not today, they simply black mailed it.
The situation for PACE act is definitely different. PACE enjoys broad support from both side. It will be very difficult for any of those anti-immigration guy to play the same kind of trick again. It simply won't work.
Your belief in raw majority votes in the conference is touching. ;-) But all it takes is one person -- one Sensenbrenner, or equivalent to build a coalition within the conference, and one house leader to pick and choose the members of the conference.
To reiterate -- 20% of the house is in the House (Anti) Immigration Caucus. The house bill was voted in by a clear majority. Chew on that.
The situation for PACE act is definitely different. PACE enjoys broad support from both side. It will be very difficult for any of those anti-immigration guy to play the same kind of trick again. It simply won't work.
Your belief in raw majority votes in the conference is touching. ;-) But all it takes is one person -- one Sensenbrenner, or equivalent to build a coalition within the conference, and one house leader to pick and choose the members of the conference.
To reiterate -- 20% of the house is in the House (Anti) Immigration Caucus. The house bill was voted in by a clear majority. Chew on that.
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chanduv23
10-02 04:56 PM
^^^^^^^^^^^
more...
krishmunn
03-25 10:18 PM
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
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whoever
07-19 10:49 AM
anyone help!
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thescadaman
10-09 10:34 AM
This rule change can create problems when we are about to renew our H1Bs or EADs.
H1B: You can renew 6 months before expiry and it takes about 3 months for processing
EAD: You can renew 120 days before expiry and it takes about 3 months for processing.
Hmm.. this can get very messy if we have processing delays.. any inputs?
H1B: You can renew 6 months before expiry and it takes about 3 months for processing
EAD: You can renew 120 days before expiry and it takes about 3 months for processing.
Hmm.. this can get very messy if we have processing delays.. any inputs?
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yabadaba
01-26 10:59 AM
If you want to track how fast are they processing - you have to go by "Notice Date" because that's the day they first saw your Application. If you want to charge AC21 or calculate iVisa Bulletion's Retrogression do by "Receipt Date" for calculating "180 days Portability" etc....
In the "Pre-July 2nd world" those 2 dates used to vary by 1 or 2 days so no one used to care.
Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!
Good Luck folks!!
TSC is june 21st for I-140
In the "Pre-July 2nd world" those 2 dates used to vary by 1 or 2 days so no one used to care.
Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!
Good Luck folks!!
TSC is june 21st for I-140
more...
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mnq1979
10-23 05:07 PM
I thought if you were a first time H1-B filer, you need to go to your country of origin for stamping...correct me if I am wrong.
hmmmmm....honestly i m not sure.....i think it was the case few years back...i m not sure if still its the same.....would like to hear from other members also on this 1?
hmmmmm....honestly i m not sure.....i think it was the case few years back...i m not sure if still its the same.....would like to hear from other members also on this 1?
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ramus
06-07 01:10 PM
Please contribute to IV..
Thanks.
I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
Thanks.
I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
more...
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pd_recapturing
08-14 06:18 PM
Bumping up !
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maharshijb
05-04 12:06 PM
I was on H1B, recently got laid off (last week of February, 2009) --Since my wife is on H1B also, I changed my status to H4, which got approved a week back (3rd wk of April, 2009)...Now I've gotten to a point where I will soon be getting an offer from a company..
Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?
Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?
more...
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calaway42
10-04 01:31 AM
hey after im done deleting.. it says Now deselect (CTRL +D) now holding CTRL move the highlight of layer to down 2 pixels and right 2 pixels so it look like the image opposite. i dont get what "move the highlight of layer" is..
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arihant
05-01 09:08 AM
Checked DOL website yesterday (4/30) and today (5/01) to see what the front page would say. Sure enough - the image changed from "18 Months Remaining" yesterday to "17 Months Remaining" today!
Web gurus, can you guys make sense of the following lines? I grabbed them from the DOL's website source. Can you tell if this being manually changed or some script is doing it automatically:
<h3 style="color: #990000">Foreign Labor Certification</h3>
<!-- script will be here? -->
<p style="font-weight: bold">Backlog will be eliminated 9/30/2007<br />
<!-- start script -->
<img src="images/17MonthsRemaining.jpg" width="270" height="46" alt="17 Months Remaining" border="0" /></p>
<!-- img src="images/19MonthsRemaining.jpg" width="270" height="46" alt="19 Months Remaining" border="0" /></p -->
Web gurus, can you guys make sense of the following lines? I grabbed them from the DOL's website source. Can you tell if this being manually changed or some script is doing it automatically:
<h3 style="color: #990000">Foreign Labor Certification</h3>
<!-- script will be here? -->
<p style="font-weight: bold">Backlog will be eliminated 9/30/2007<br />
<!-- start script -->
<img src="images/17MonthsRemaining.jpg" width="270" height="46" alt="17 Months Remaining" border="0" /></p>
<!-- img src="images/19MonthsRemaining.jpg" width="270" height="46" alt="19 Months Remaining" border="0" /></p -->
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rkiran
12-03 02:26 PM
Hi vin13,
Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
I have an appointment tomorrow and only have a letter from the doctor.
Thanks,
We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
If you do not get help in one of the offices, try your luck at another USCIS office.
Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
I have an appointment tomorrow and only have a letter from the doctor.
Thanks,
We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
If you do not get help in one of the offices, try your luck at another USCIS office.
snathan
02-17 09:14 PM
Thanks a lot snathan.
emploer A is still holding my H1b, they did not revoke it.
employer A(American Company) has offered me a job and asked me to start from Monday(02/23) but employer B(Indian Company) has applied for
H1b transfer.
The only thing I am worried, if there is another layoff with employer A before H1B transfer with employer B. In that situation can I join employer B and maintain my status.
please help me.
Yes...if you get the approval, you can join the company B, anytime you want.
emploer A is still holding my H1b, they did not revoke it.
employer A(American Company) has offered me a job and asked me to start from Monday(02/23) but employer B(Indian Company) has applied for
H1b transfer.
The only thing I am worried, if there is another layoff with employer A before H1B transfer with employer B. In that situation can I join employer B and maintain my status.
please help me.
Yes...if you get the approval, you can join the company B, anytime you want.
permfiling
12-09 10:40 PM
My cousin has a offer from a employer in CA who is willing to do H1 transfer but the condition mentioned in the agreement is that
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know .
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know .
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
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