wc_user
12-24 10:07 PM
Thanks
All said and done, isn't it safer to just get your H1-B stamped and come back using H1-B visa. This way, there is no doubt. I have an AP, but I am planning to get my H1-B visa stamped when I go to India in January.
All said and done, isn't it safer to just get your H1-B stamped and come back using H1-B visa. This way, there is no doubt. I have an AP, but I am planning to get my H1-B visa stamped when I go to India in January.
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joydiptac
11-18 05:52 PM
Timeline is from Dec 16 2006(Previous H1B expired on this date) to July 18 2007. This is when my H1B extension was pending due to an RFE. USCIS received my 485 application on July 18.
Hi,
Sorry to hear about your case and specially since you haven't broken any law. Technically this should be fairly simple case if you have a receipt of filing the H1B. Every time you file for H1B you get a receipt sent to your employer & a copy for u from USCIS. Then that is what enables you to legally stay (overstay). If you can find that you should not have any problems. If you have copy of the RFE that came for this application even better. Assuming you have neither you should definitely be having the WAC number for the pending H1B application. If you can provide that USCIS can verify that what you are saying is true. I believe the reason why they must've flagged your case is the gap of more than 6 months.
Let's say you do not have any of the above. Call your previous employer and explain to them what soup you are in. They will help you regardless of how bad your relations where when u left the company. All HRs have to keep copy of the H1B, applications, receipts, RFEs & approval (by law). So you should be OK.
All the best,
JC
Hi,
Sorry to hear about your case and specially since you haven't broken any law. Technically this should be fairly simple case if you have a receipt of filing the H1B. Every time you file for H1B you get a receipt sent to your employer & a copy for u from USCIS. Then that is what enables you to legally stay (overstay). If you can find that you should not have any problems. If you have copy of the RFE that came for this application even better. Assuming you have neither you should definitely be having the WAC number for the pending H1B application. If you can provide that USCIS can verify that what you are saying is true. I believe the reason why they must've flagged your case is the gap of more than 6 months.
Let's say you do not have any of the above. Call your previous employer and explain to them what soup you are in. They will help you regardless of how bad your relations where when u left the company. All HRs have to keep copy of the H1B, applications, receipts, RFEs & approval (by law). So you should be OK.
All the best,
JC
gc_check
08-30 10:09 AM
for gg_ny
this is extension of H1B based of aproved I140 .
if i understood correctly the application for H1 extension will became null and void if i travel outside of US .
this is very interesting. I was not aware about this .
Anyway, thank you for your valuable input
I've also applied for the H1B extension(3yr Extn based on approved I-140) and was told NOT to travel while the case is still pending approval by my company Legal Dept/Attorney. So I requested to do it on premuim processing as there is a business necessity to do so. If there is a business need for you to travel, then your company should be willing to use Premium Processing. It costs $1000 more to the company to request Premuim Processing.
this is extension of H1B based of aproved I140 .
if i understood correctly the application for H1 extension will became null and void if i travel outside of US .
this is very interesting. I was not aware about this .
Anyway, thank you for your valuable input
I've also applied for the H1B extension(3yr Extn based on approved I-140) and was told NOT to travel while the case is still pending approval by my company Legal Dept/Attorney. So I requested to do it on premuim processing as there is a business necessity to do so. If there is a business need for you to travel, then your company should be willing to use Premium Processing. It costs $1000 more to the company to request Premuim Processing.
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franklin
06-19 05:05 PM
Start worrying about LC approval notice and start working about AOS.
Aaj kal nav jawanoku, ye kya ho raha hi?
What?!
Aaj kal nav jawanoku, ye kya ho raha hi?
What?!
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yestogc
06-11 04:04 PM
Correction it 2 years out of 5 for maintaining PR
http://www.cic.gc.ca/english/newcomers/about-pr.asp
http://www.cic.gc.ca/english/newcomers/about-pr.asp
aachoo
02-21 01:33 AM
You are not alone�
This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.
Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.
My job is in the same company, same classification etc. I am not worried about that. The problem (I guess the GC mess can make you twist the best things into problems) is the $40K+ in raises I have received since then...
-a
This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.
Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.
My job is in the same company, same classification etc. I am not worried about that. The problem (I guess the GC mess can make you twist the best things into problems) is the $40K+ in raises I have received since then...
-a
more...
joydiptac
06-23 02:56 PM
I take this as another posiitve.
Paves the way for the smaller bills like the family reunification (visa recapture) to be passed without the chirkuts putting stops citing a CIR is required then voting against the CIR.
Agree with u guys lets push for the family reunification bill.
Paves the way for the smaller bills like the family reunification (visa recapture) to be passed without the chirkuts putting stops citing a CIR is required then voting against the CIR.
Agree with u guys lets push for the family reunification bill.
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fromnaija
09-26 01:32 PM
Hi All,
My visa will expire (6 yrs completion) in the month of October 2007. What can I do next. Will I get an years extension based on the Green card filing. What is the standard procedure ?
CCC2006
Fiirst, I think you should have started a new thread with your question and not bury it under this discussion. Having said that, to get an extension after the six year H limit, you need to have labor certification application filed at least 365 days prior to your expiry date or alternatively have an immigrant petition approved on your behalf by that date.
My visa will expire (6 yrs completion) in the month of October 2007. What can I do next. Will I get an years extension based on the Green card filing. What is the standard procedure ?
CCC2006
Fiirst, I think you should have started a new thread with your question and not bury it under this discussion. Having said that, to get an extension after the six year H limit, you need to have labor certification application filed at least 365 days prior to your expiry date or alternatively have an immigrant petition approved on your behalf by that date.
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desi3933
05-21 06:40 AM
My past post on this issue
http://immigrationvoice.org/forum/showpost.php?p=322561&postcount=11
Thread on that topic
http://immigrationvoice.org/forum/showthread.php?t=5450
http://immigrationvoice.org/forum/showpost.php?p=322561&postcount=11
Thread on that topic
http://immigrationvoice.org/forum/showthread.php?t=5450
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dollar500
08-02 11:39 PM
....bump.....
more...
gc2005
11-17 01:48 PM
That brings up a good point, why do you think all the PDs are moving except India?
Is there really that many applicants from India than China
Is there really that many applicants from India than China
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Ψ
06-12 01:31 PM
well here is my last volley not at all great and am not completely satisfied.
wouldve spent a little more time. but its just dat i have exams and gotta study.
well heres my last serve hope u like ithttp://img62.photobucket.com/albums/v188/_azzy_/last.jpg
wouldve spent a little more time. but its just dat i have exams and gotta study.
well heres my last serve hope u like ithttp://img62.photobucket.com/albums/v188/_azzy_/last.jpg
more...
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Jai_MH
02-06 03:41 PM
Do you work for saicon.. I also signed something like this.
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Jaime
08-06 12:12 PM
Yeah, why not? As long as Legals ALSO get green cards!
On The Washington Post today:
A Less Ambitious Approach to Immigration
By Arlen Specter
Monday, August 6, 2007; Page A17
The charge of amnesty defeated comprehensive immigration reform in the Senate this summer. It is too important, and there has been too much legislative investment, not to try again. The time to do so is now.
Certainly the government should implement the provisions it has already enacted to improve border security and crack down on employers who knowingly hire illegal immigrants. But the important additions on those subjects contained in the bill defeated in June will not be enacted without also dealing with the 12 million-plus undocumented immigrants and the guest worker program.
So let's take a fresh look and try a narrower approach.
There is a consensus in Congress on most objectives and many remedies for immigration reform: more border patrols, additional fencing, drones and some form of a guest worker program. Modern technological advances provide foolproof identification so employers can -- justifiably -- be severely sanctioned if they don't verify IDs and act to eliminate the magnet attracting illegals to penetrate the border. Yet Congress is unlikely to appropriate $3 billion for border security without dealing simultaneously with the illegal immigrants already here.
The main objective in legalizing the 12 million was to eliminate their fugitive status, allowing them to live in the United States without fear of being detected and deported or being abused by unscrupulous employers. We should consider a revised status for those 12 million people. Let them hold the status of those with green cards -- without the automatic path to citizenship that was the core component of critics' argument that reform efforts were really amnesty. Give these people the company of their spouses and minor children and consider other indicators of citizenship short of the right to vote (which was always the dealbreaker).
This approach may be attacked as creating an "underclass" inconsistent with American values, which have always been to give refuge to the "huddled masses." But such a compromise is clearly better than leaving these people a fugitive class. People with a lesser status are frequently referred to as second-class citizens. Congress has adamantly refused to make the 12 million people already here full citizens, but isn't it better for them to at least be secure aliens than hunted and exploited?
Giving these people green-card status leaves open the opportunity for them to return to their native lands and seek citizenship through regular channels. Or, after our borders are secured and tough employer sanctions have been put in place, Congress can revisit the issue and possibly find a more hospitable America.
Some of the other refinements of the defeated bill can await another day and the regular process of Judiciary Committee hearings and markups. Changing the law on family unification with a point system can also be considered later. Now, perhaps, we could add green cards for highly skilled workers and tinker at the edges of immigration law, providing we don't get bogged down in endless debate and defeated cloture motions.
It would be refreshing if Congress, and the country, could come together in a bipartisan way to at least partially solve one of the big domestic issues of the day.
The writer, a senator from Pennsylvania, is the ranking Republican on the Senate Judiciary Committee.
On The Washington Post today:
A Less Ambitious Approach to Immigration
By Arlen Specter
Monday, August 6, 2007; Page A17
The charge of amnesty defeated comprehensive immigration reform in the Senate this summer. It is too important, and there has been too much legislative investment, not to try again. The time to do so is now.
Certainly the government should implement the provisions it has already enacted to improve border security and crack down on employers who knowingly hire illegal immigrants. But the important additions on those subjects contained in the bill defeated in June will not be enacted without also dealing with the 12 million-plus undocumented immigrants and the guest worker program.
So let's take a fresh look and try a narrower approach.
There is a consensus in Congress on most objectives and many remedies for immigration reform: more border patrols, additional fencing, drones and some form of a guest worker program. Modern technological advances provide foolproof identification so employers can -- justifiably -- be severely sanctioned if they don't verify IDs and act to eliminate the magnet attracting illegals to penetrate the border. Yet Congress is unlikely to appropriate $3 billion for border security without dealing simultaneously with the illegal immigrants already here.
The main objective in legalizing the 12 million was to eliminate their fugitive status, allowing them to live in the United States without fear of being detected and deported or being abused by unscrupulous employers. We should consider a revised status for those 12 million people. Let them hold the status of those with green cards -- without the automatic path to citizenship that was the core component of critics' argument that reform efforts were really amnesty. Give these people the company of their spouses and minor children and consider other indicators of citizenship short of the right to vote (which was always the dealbreaker).
This approach may be attacked as creating an "underclass" inconsistent with American values, which have always been to give refuge to the "huddled masses." But such a compromise is clearly better than leaving these people a fugitive class. People with a lesser status are frequently referred to as second-class citizens. Congress has adamantly refused to make the 12 million people already here full citizens, but isn't it better for them to at least be secure aliens than hunted and exploited?
Giving these people green-card status leaves open the opportunity for them to return to their native lands and seek citizenship through regular channels. Or, after our borders are secured and tough employer sanctions have been put in place, Congress can revisit the issue and possibly find a more hospitable America.
Some of the other refinements of the defeated bill can await another day and the regular process of Judiciary Committee hearings and markups. Changing the law on family unification with a point system can also be considered later. Now, perhaps, we could add green cards for highly skilled workers and tinker at the edges of immigration law, providing we don't get bogged down in endless debate and defeated cloture motions.
It would be refreshing if Congress, and the country, could come together in a bipartisan way to at least partially solve one of the big domestic issues of the day.
The writer, a senator from Pennsylvania, is the ranking Republican on the Senate Judiciary Committee.
more...
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stemcell
03-07 06:38 PM
Can you give more detalis?
are you filing NIW as a physician?
are you filing NIW as a physician?
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sundarpn
04-16 06:40 PM
I have still not converted my I-140 to premium with my current employer, though I intend to right away. But, that will take a month (upto 15 bus. days) and then say 2 weeks to try to get the copy of I-140.
Till then I cannot hold the other job offer.
Till then I cannot hold the other job offer.
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WAIT_FOR_EVER_GC
06-21 02:04 PM
suggestions? ^^^^^^^
1) Read the requirement of EB2. Find out who are eligible in this category (Experience and bla bla bla)
Masters Degree, Managerial Position, Bachelor + 5 years are eligible. I am saying this because my friends have applied in these three categories to be eligible for eb2.
2) Your new Labor (PERM) in Eb2 might take up 8-10 months.
3) Apply I-140, I do not know if we have Premium Processing for it.
4) Once I-140 is Approved you can port the EB3 priority date to Eb2.
In your case 04 Eb3 will be now 04 Eb2.
The I -485 will have the old priority date 04 Eb2.
Most of the porting that I have heard is done by jumping ship. You ask your new employer to file in Eb2 and after your I-140 is approved you apply the old priority to EB2.
1) Read the requirement of EB2. Find out who are eligible in this category (Experience and bla bla bla)
Masters Degree, Managerial Position, Bachelor + 5 years are eligible. I am saying this because my friends have applied in these three categories to be eligible for eb2.
2) Your new Labor (PERM) in Eb2 might take up 8-10 months.
3) Apply I-140, I do not know if we have Premium Processing for it.
4) Once I-140 is Approved you can port the EB3 priority date to Eb2.
In your case 04 Eb3 will be now 04 Eb2.
The I -485 will have the old priority date 04 Eb2.
Most of the porting that I have heard is done by jumping ship. You ask your new employer to file in Eb2 and after your I-140 is approved you apply the old priority to EB2.
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sanjaymk
10-14 03:21 PM
All:
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
I used SRI..Speciality Risk and was happy with the prices they gave me - www.specialityrisk.com
I heard a couple of problems about getting insurance in India, when I first started searching a couple of years ago, but don't remember what they are right now. For all I know, it may not be true now.
All the best.
Sanjay.
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
I used SRI..Speciality Risk and was happy with the prices they gave me - www.specialityrisk.com
I heard a couple of problems about getting insurance in India, when I first started searching a couple of years ago, but don't remember what they are right now. For all I know, it may not be true now.
All the best.
Sanjay.
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immilaw
09-17 11:44 AM
Few things to remember
1. It is good for us if EB1 remains current for India and ROW - chance of some visa numbers trickling down.
2. The H1B cap is still 65,000 + 20,000 + some extra for non profit and a sizeable portion of this is Indians meaning other nationalities are not applying in large numbers. What this means is that the whole 45,000 EB1 and 45,000 EB2 will likely not get used from 2008-9 (by that ROW EB3 ROW will start becoming close to current and people from ROW will not try to find a way to apply for EB2 like they are doing now).
3. People will try to port their EB3 date to EB2 and some will meet success but others might fail. This will be particularly true for Indians.
Put all this together, I think any Indian who applied for GC in Eb2 or 3 post 2004 will probably have to wait the same amount of time in either category, maybe a year less in EB2. Given that you are anyway going to have to wait 7-8 years minimum, one year more or less does not make any difference.
I think people from India with post 2004 Pri dates should
a) Actively work for some meaningful legislative change, contact all your friends and make them aware of this problem, please do not just sit there and hope for a change
b) Make solid backup plans, whatever they might be - consider UK, Australia, Canada, Singapore as backups. Learn as much as you can in your present job and change jobs if you feel you are stagnating. Do not keep your career in limbo for GC when the earliest you will get it is after 7-8 years. Imagine this - if you are 25 now, you will be in your mid-thirties doing the same job if you wait for your GC.
c) Save, save, save - I cannot reiterate this, basically do not spend a dollar more than you need to. Buy a full efficient cheap car, rent a place (house prices are stagnating) etc. Do your due dilligence and post new ideas here.
d) Find a way to lobby to get back your SSN and Medicare taxes - Indian govt. is making noises about this, use your connections to make the noise louder.
e) Last but not the least, If married and planning to start family, do not wait until they change law to ban birth right citizenship :).
Use this thread to post new ideas.
I have a suggestion which I think might annoy those in EB ROW so I apologize from them in advance. I have been reading in the forums that the US CIS/State Department under law is supposed to transfer all unused EB ROW numbers to the oversubscribed countries at the close of the fiscal year. Also, I have been reading that the US CIS has NOT been doing soo. If what others are saying is true, and if US CIS does what it is supposed to do then the EB China/India will not be so severly retrogressed. How about filing a lawsuit directing the US CIS to follow the law (if there is any such law)? I personally have not researched this issue, my knowledge is based on what the others are saying in the forum.
1. It is good for us if EB1 remains current for India and ROW - chance of some visa numbers trickling down.
2. The H1B cap is still 65,000 + 20,000 + some extra for non profit and a sizeable portion of this is Indians meaning other nationalities are not applying in large numbers. What this means is that the whole 45,000 EB1 and 45,000 EB2 will likely not get used from 2008-9 (by that ROW EB3 ROW will start becoming close to current and people from ROW will not try to find a way to apply for EB2 like they are doing now).
3. People will try to port their EB3 date to EB2 and some will meet success but others might fail. This will be particularly true for Indians.
Put all this together, I think any Indian who applied for GC in Eb2 or 3 post 2004 will probably have to wait the same amount of time in either category, maybe a year less in EB2. Given that you are anyway going to have to wait 7-8 years minimum, one year more or less does not make any difference.
I think people from India with post 2004 Pri dates should
a) Actively work for some meaningful legislative change, contact all your friends and make them aware of this problem, please do not just sit there and hope for a change
b) Make solid backup plans, whatever they might be - consider UK, Australia, Canada, Singapore as backups. Learn as much as you can in your present job and change jobs if you feel you are stagnating. Do not keep your career in limbo for GC when the earliest you will get it is after 7-8 years. Imagine this - if you are 25 now, you will be in your mid-thirties doing the same job if you wait for your GC.
c) Save, save, save - I cannot reiterate this, basically do not spend a dollar more than you need to. Buy a full efficient cheap car, rent a place (house prices are stagnating) etc. Do your due dilligence and post new ideas here.
d) Find a way to lobby to get back your SSN and Medicare taxes - Indian govt. is making noises about this, use your connections to make the noise louder.
e) Last but not the least, If married and planning to start family, do not wait until they change law to ban birth right citizenship :).
Use this thread to post new ideas.
I have a suggestion which I think might annoy those in EB ROW so I apologize from them in advance. I have been reading in the forums that the US CIS/State Department under law is supposed to transfer all unused EB ROW numbers to the oversubscribed countries at the close of the fiscal year. Also, I have been reading that the US CIS has NOT been doing soo. If what others are saying is true, and if US CIS does what it is supposed to do then the EB China/India will not be so severly retrogressed. How about filing a lawsuit directing the US CIS to follow the law (if there is any such law)? I personally have not researched this issue, my knowledge is based on what the others are saying in the forum.
ghost
02-07 10:28 AM
they are talking about statistics on legal immigration backlogs and suggesting that they be cleared....aligned with IV goals
gulute
03-16 06:31 PM
why is it denied?
Hi,
My wife's H4 visa got denied and her I94 got expired. Can she stay for 30 days if so will she be having any problem while coming back with valid status?
Hi,
My wife's H4 visa got denied and her I94 got expired. Can she stay for 30 days if so will she be having any problem while coming back with valid status?
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