guesswho
06-11 03:09 PM
Sunny1000,
Please be careful before replying. If you do not know, don't answer.
I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
Please be careful before replying. If you do not know, don't answer.
I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
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sertasheep
07-08 07:43 PM
I have gotten in touch with Mr. Oh. and he has made corrections. Please see the following link. Request members to provide due credit and respect to other organizations and firms. We must work collaboratively.
Thank you, Mr. Oh.
See http://www.immigration-law.com/Canada.html
ohlaw immigration-law.com" to sertasheep
show details 8:04 pm (4 minutes ago)
Corrected. Thank you.
Original Message:
-----------------
From: sertasheep immigrationvoice.org
Date: Sun, 8 Jul 2007 16:47:28 -0400
To: matthewoh.attorney gmail.com, ohlaw immigration-law.com
Subject: Correction required to news item on your home page
- Show quoted text -
Dear Mr. Oh,
Thank you for your efforts to the immigration community, that makes your
website a good source of information. I was writing to highlight some
corrections required in a news item on your home page related to a Flower
Campaign by several highly-skilled, LEGAL professionals. The reference to
"East Indian" is not right, as there are several professionals from various
ethnic backgrounds that are participating in this effort. Can I request you
to change the reference from "Indian" or "East Indian" to *"Highly-skilled
Legal Immigrants"?*
Thank you,
Regards
Thank you, Mr. Oh.
See http://www.immigration-law.com/Canada.html
ohlaw immigration-law.com" to sertasheep
show details 8:04 pm (4 minutes ago)
Corrected. Thank you.
Original Message:
-----------------
From: sertasheep immigrationvoice.org
Date: Sun, 8 Jul 2007 16:47:28 -0400
To: matthewoh.attorney gmail.com, ohlaw immigration-law.com
Subject: Correction required to news item on your home page
- Show quoted text -
Dear Mr. Oh,
Thank you for your efforts to the immigration community, that makes your
website a good source of information. I was writing to highlight some
corrections required in a news item on your home page related to a Flower
Campaign by several highly-skilled, LEGAL professionals. The reference to
"East Indian" is not right, as there are several professionals from various
ethnic backgrounds that are participating in this effort. Can I request you
to change the reference from "Indian" or "East Indian" to *"Highly-skilled
Legal Immigrants"?*
Thank you,
Regards
PDDec05
06-29 11:44 PM
Thank you for your input, do you know where I should call, if there is a number and so on? There is absolutely no information on any place on fixing 485 form.
I just called the 1-800 number on their website, but your lawyer may know someone in person at the USCIS.
I just called the 1-800 number on their website, but your lawyer may know someone in person at the USCIS.
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trramesh
11-09 02:03 PM
All,
Please post this information on other sites to get more people to participate in this survey. The survey ends on Dec 15.
Pappu,
Is this survey open to every one beyond donor forum.
Please post this information on other sites to get more people to participate in this survey. The survey ends on Dec 15.
Pappu,
Is this survey open to every one beyond donor forum.
more...
gcgalore
08-05 10:22 PM
I got my approval email today, but my wife's online status remain unchanged received and pending. Does USCIS process dependent's application separately? Both mine and wife's application was sent the same day, FP notices were received at the same time..I mean everything was done at the same time except approval.
Any thoughts?
Any thoughts?
saileshdude
05-14 10:18 AM
Mishras,
Can you complete your profile and mention what is your PD , service center, etc. Also can you scan and post the exact copy of the RFE you received. You can take out all the personal info like your receipt number,name but keep the wordings of the RFE intact.
That would help people here to help you.
Can you complete your profile and mention what is your PD , service center, etc. Also can you scan and post the exact copy of the RFE you received. You can take out all the personal info like your receipt number,name but keep the wordings of the RFE intact.
That would help people here to help you.
more...
ssnd03
07-12 04:10 PM
I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.
This (besides labor backlog) spoils the FIFO for GCs.
Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.
DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.
However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.
Eliminating FBI delays will restore FIFO and stop such visa bulletin fiascos.
It will not solve retrogression which is a bigger problem, but requires congressional action for number increases
BTW my AOS is pending due to indefinite background check delay.
This (besides labor backlog) spoils the FIFO for GCs.
Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.
DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.
However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.
Eliminating FBI delays will restore FIFO and stop such visa bulletin fiascos.
It will not solve retrogression which is a bigger problem, but requires congressional action for number increases
BTW my AOS is pending due to indefinite background check delay.
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jasmin45
08-06 10:16 AM
I just recived mail from embassy saying that there is no visa avilable for my case. When avilable they will call me for the interview again. Thank you ALL
Sorry to hear this news! As far as I understand the july fieasco and successive events did not effect consular processing especially for scheduled interviews. How did this happen? Well!
We Hope that the visa categories will be current in October and vias be allocated to you, when they open the FY 2008.
Sorry to hear this news! As far as I understand the july fieasco and successive events did not effect consular processing especially for scheduled interviews. How did this happen? Well!
We Hope that the visa categories will be current in October and vias be allocated to you, when they open the FY 2008.
more...
fcres
12-10 03:04 PM
My Labor approval uses something that starts with 030-16-**** but there is nothing in SOC with 16 are they changed recently? any clue?
Thats the old D.O.T code. You need to find the corresponding SOC Code.
http://online.onetcenter.org/help/online/crosswalk
Thats the old D.O.T code. You need to find the corresponding SOC Code.
http://online.onetcenter.org/help/online/crosswalk
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kak1978
06-04 10:06 AM
I had a account in Bank of America, and they sent me a letter when i asked them to send a "Account verification letter for Immigration purposes" They charged me $10 for that and took around a week. See if you can open a account at a local bank and try transfering the money to that account, Before you decide on opening a account , confirm if they issue such a letter.
more...
mantagon
07-23 11:02 AM
is in RED.
Thank you for all the responses.
One question remains though that what does it mean when the I-94 says paroled till 3rd March 2009?
Not much, really!
How does one prove the legal status in the country?
Since your wife entered the US by showing AP, her legal status is "Pending AOS" and the proof is the USCIS receipt notice of I-485 that you filed for her!
Thank you for all the responses.
One question remains though that what does it mean when the I-94 says paroled till 3rd March 2009?
Not much, really!
How does one prove the legal status in the country?
Since your wife entered the US by showing AP, her legal status is "Pending AOS" and the proof is the USCIS receipt notice of I-485 that you filed for her!
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Gravitation
10-23 10:30 AM
One common misconception is that there's a "quota" for each country. There's none.
The number 2600 is actually the upper limit. It means that no one country should get more visa numbers than 2600.
The total number of EB3 visa numbers for the whole world is 40,000. There's no entitlement here. There's no guarantee of all visa numbers being issued. There's no minimum number of visas that a specific country is sure to get...
If there's a demand for more than 2600 for a specific country, it's said to be oversubscribed. If the total demand from all countries remains below 40,000, the remaining visa numbers may overflow to the oversubscribed countries.
Once again, it's perfectly within the law to issue less than 40,000 visa numbers. It's a limit, not a quota.
The number 2600 is actually the upper limit. It means that no one country should get more visa numbers than 2600.
The total number of EB3 visa numbers for the whole world is 40,000. There's no entitlement here. There's no guarantee of all visa numbers being issued. There's no minimum number of visas that a specific country is sure to get...
If there's a demand for more than 2600 for a specific country, it's said to be oversubscribed. If the total demand from all countries remains below 40,000, the remaining visa numbers may overflow to the oversubscribed countries.
Once again, it's perfectly within the law to issue less than 40,000 visa numbers. It's a limit, not a quota.
more...
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supernova
09-05 05:04 PM
YSR's dad, YSR himself, and his son are all violent criminals killed countless people, ruined the state to stone age, robbed real estate from middle class, etc............ and yet some people love him. Values of human life are at all time low in that part of the region.
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gsc999
09-07 12:54 PM
I noticed that California has around 20 names. I know that around 35 to 40 ppl are flying from CA. I think that is would be a similar case with other states.
Guys, this is required info. that will allow us to schedule an appointment with lawmakers. We have to provide this info. to them to receive meeting confirmation.
Please add your information asap, this is urgent and important
Guys, this is required info. that will allow us to schedule an appointment with lawmakers. We have to provide this info. to them to receive meeting confirmation.
Please add your information asap, this is urgent and important
more...
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jr8rdt
11-12 05:32 PM
1) To invoke ac21 do you have to have EAD and ...
a) I-140 approved and 485 pending 180 days or more OR
b) I-140 pending and 485 pending 180 days or more
2)Assuming I-140 is approved and 485 has been pending for more than 180 days, has valid EAD and the person invokes ac21. What about if employer revoke the I-140 (which has been approved)...will it has effect on the GC app? or once I-140 is approved that's it. you are free...
Thanks
a) I-140 approved and 485 pending 180 days or more OR
b) I-140 pending and 485 pending 180 days or more
2)Assuming I-140 is approved and 485 has been pending for more than 180 days, has valid EAD and the person invokes ac21. What about if employer revoke the I-140 (which has been approved)...will it has effect on the GC app? or once I-140 is approved that's it. you are free...
Thanks
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mammoy2k
11-13 08:04 AM
I would appreciate if any of you could shed light on the following scenario:
If 485 is pending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.
Thanks
If 485 is pending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.
Thanks
more...
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perm2gc
12-22 06:08 PM
Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
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pointlesswait
07-30 09:08 AM
what i meant was...as individuals we can have views different from IV..;-)
as members of IV..we stick with the our IV goal.. thats all..no controversy there..;)
Yes, but we do not represent the CHC, nor are we in any way affiliated to them.
Secondly there are no "individual constituents" when it comes to Immigration Voice. This is an organization OF, FOR and BY the "EMPLOYMENT BASED LEGAL IMMIGRANTS". We neither support nor oppose rewards or penalties for or against the undocumented workers (illegal immigrants). Individual members can have their own "opinions/biases", but NO individual member can speak on behalf of Immigration Voice on major issues. As per my understanding, ONLY the IV Core team/Board members as a WHOLE can make such decisions.
as members of IV..we stick with the our IV goal.. thats all..no controversy there..;)
Yes, but we do not represent the CHC, nor are we in any way affiliated to them.
Secondly there are no "individual constituents" when it comes to Immigration Voice. This is an organization OF, FOR and BY the "EMPLOYMENT BASED LEGAL IMMIGRANTS". We neither support nor oppose rewards or penalties for or against the undocumented workers (illegal immigrants). Individual members can have their own "opinions/biases", but NO individual member can speak on behalf of Immigration Voice on major issues. As per my understanding, ONLY the IV Core team/Board members as a WHOLE can make such decisions.
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senk1s
11-09 01:28 AM
We were not even included in this counting :)
our ND is in Oct
our ND is in Oct
rangakutta
02-10 12:16 PM
SO who will decide wether its EB2 or EB3 ,. wether my consulatnt company when he is gonna put an add in the job site or the USCIS ???
Thanks for all yur advise. Ia m very new in this
Thanks for all yur advise. Ia m very new in this
sai
06-16 01:48 PM
Last 3 months statement should be more than enough. I printed online statement attested and sent it. I had no problem.
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