badluck
06-25 02:47 PM
It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.
What are my options here? Does anyone has faced such a situation?
send new again. anyways first one is going to come back.
What are my options here? Does anyone has faced such a situation?
send new again. anyways first one is going to come back.
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h1bemployee
02-25 06:20 PM
You need to provide more details on bold words from your post. If you really need pointers from IV members.
in the intial offer letter ,they said they are going to pay 58k... and my job title was also different in the offer letter.
As the client is paying very low billing rate .... they said they need to change the LCA showing less salary(less than 58k)
in the intial offer letter ,they said they are going to pay 58k... and my job title was also different in the offer letter.
As the client is paying very low billing rate .... they said they need to change the LCA showing less salary(less than 58k)
gconmymind
04-10 06:10 PM
its funny. everyone is talking about recession, weak dollar, foreclosures, job cuts , etc etc. but the number of h-1b applications continues to rise each year (last year it was 123k, this year it is 163k).
isn't this a funny and/or strange statistic ? :confused:
anyway, i wish all applicants the best. i was in the same position last year and i know how it feels. hopefully, uscis is better prepared to handle this volume, after last years experience.
-a
There should be stricter provisions on starting dates for approved H1s. There is no compulsion for a company to use an approved H1 if it doesn't want to. Companies apply in anticipation of demand and will eat their losses (H1/lawyer fee only. They will generally not send an employee to USA until they find a project) if they dont find a project. This is especially true of service based companies, desi or otherwise. Development companies like Microsoft, Google, etc. will not aply for H1 in April and ask the candidate to start in, say, March of next year. I think they will need to start applying for their overseas employees based on demand at their US work location in the future so they dont lose out in the hunt for talent..
It will be interesting to see how many H1s actually start working within 90 days, 1.e. by 1st Jan. If they dont, it clearly means (in most cases, in my opinion) there was no real demand...
Increasing the quota will do no good...I think the lottery is here to stay for a while. Goodluck to everyone in the lottery!
isn't this a funny and/or strange statistic ? :confused:
anyway, i wish all applicants the best. i was in the same position last year and i know how it feels. hopefully, uscis is better prepared to handle this volume, after last years experience.
-a
There should be stricter provisions on starting dates for approved H1s. There is no compulsion for a company to use an approved H1 if it doesn't want to. Companies apply in anticipation of demand and will eat their losses (H1/lawyer fee only. They will generally not send an employee to USA until they find a project) if they dont find a project. This is especially true of service based companies, desi or otherwise. Development companies like Microsoft, Google, etc. will not aply for H1 in April and ask the candidate to start in, say, March of next year. I think they will need to start applying for their overseas employees based on demand at their US work location in the future so they dont lose out in the hunt for talent..
It will be interesting to see how many H1s actually start working within 90 days, 1.e. by 1st Jan. If they dont, it clearly means (in most cases, in my opinion) there was no real demand...
Increasing the quota will do no good...I think the lottery is here to stay for a while. Goodluck to everyone in the lottery!
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makemygc
09-19 07:21 PM
Hi Joozz,
I've faced a similar situation. My H1B was issues in Nov 2000 and I also changed employer 2 times and joined by current company in Mar 2005. As a part of H1 transfer, my visa got extended until Mar 2008, whereas my 6 year expires in Nov 2006. In April 2006, since we knew that actualy visa expiration date is Nov 2006, my employer's attorney's filed for H1 extension based on my pending labor with my current company and also clearly stating in the application that my H1 extension for 8 years is a mistake from USCIS part.
Though USCIS has not responded admitting their mistake, but I've got 1 year H1 exntesion until Nov 2007. So even though I've lost 1 year added advantage but I got my piece of mind. My company will file for 3 years extension, once we get I-140 approved.
Hope this helps,
MakeMyGC
Hi guys,
Is there anyway somebody can give me an advice what to do?
My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
Thanks in advance.
I've faced a similar situation. My H1B was issues in Nov 2000 and I also changed employer 2 times and joined by current company in Mar 2005. As a part of H1 transfer, my visa got extended until Mar 2008, whereas my 6 year expires in Nov 2006. In April 2006, since we knew that actualy visa expiration date is Nov 2006, my employer's attorney's filed for H1 extension based on my pending labor with my current company and also clearly stating in the application that my H1 extension for 8 years is a mistake from USCIS part.
Though USCIS has not responded admitting their mistake, but I've got 1 year H1 exntesion until Nov 2007. So even though I've lost 1 year added advantage but I got my piece of mind. My company will file for 3 years extension, once we get I-140 approved.
Hope this helps,
MakeMyGC
Hi guys,
Is there anyway somebody can give me an advice what to do?
My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
Thanks in advance.
more...
shreekhand
08-12 05:54 PM
OP,
Your PD has been current for only 12 days, it is in no way overdue. I would seriously continue to find more info and scale up efforts only after a couple of months. The real test of patience begins after the PD has become current.
That said, I have seen others get the reply you got before and then gotten approved in a few weeks
Your PD has been current for only 12 days, it is in no way overdue. I would seriously continue to find more info and scale up efforts only after a couple of months. The real test of patience begins after the PD has become current.
That said, I have seen others get the reply you got before and then gotten approved in a few weeks
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frostrated
10-27 12:47 PM
...if ppl were sitting back and relaxing after seeing the first report on the USCIS website regarding the 485 numbers. But at least the starter of this thread is an exception to that.If the USCIS dozn't update that doc monthly just like they do with the visa bulletin then something is really fishy and they'd end up fooling us again like they always do.
BUT THIS TIME WE MUST FIGHT THIS. I really feel that we have a valid reason to.Count me in...I'm not sure how v shud start (class action lawsuit)...IV moderators any ideas/plans to ask for updated reports if the USCIS fails to provide the public with this info???
USCIS mentioned that they would update the numbers on a quarterly basis, not monthly. And given the end of FY 2009, I am thinking that they will need a little more time to bring the new one out. So I am thinking that they will publish the new numbers either in November or December.
BUT THIS TIME WE MUST FIGHT THIS. I really feel that we have a valid reason to.Count me in...I'm not sure how v shud start (class action lawsuit)...IV moderators any ideas/plans to ask for updated reports if the USCIS fails to provide the public with this info???
USCIS mentioned that they would update the numbers on a quarterly basis, not monthly. And given the end of FY 2009, I am thinking that they will need a little more time to bring the new one out. So I am thinking that they will publish the new numbers either in November or December.
more...
nagio
01-08 07:31 AM
Six weeks it is. Sorry I said 7 weeks.
I just replied in the other thread too.
My wife went for her H1B stamping at HYD on Nov 23rd of 2009. Got 221g pink slip. Submitted response on Nov 25th of 2009. Got her Visa approval on Jan 4th 2010. May be all the holidays in between delayed more by a week or two. Also US consulate say each case is unique in terms of time to get processed. She works for university in bio-tech. Hope this helps.
I just replied in the other thread too.
My wife went for her H1B stamping at HYD on Nov 23rd of 2009. Got 221g pink slip. Submitted response on Nov 25th of 2009. Got her Visa approval on Jan 4th 2010. May be all the holidays in between delayed more by a week or two. Also US consulate say each case is unique in terms of time to get processed. She works for university in bio-tech. Hope this helps.
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gc_check
02-11 12:14 PM
Thanks for the updates. There seems to be something happening at the least. Hopefully some thing works out to get the mess cleared.
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eb3_nepa
04-13 11:19 AM
I was reading this article.
http://www.usconstitution.net/consttop_law.html.
It's a great article and maybe we shud add it in our FAQ section.
If you scroll down to the heading "The Bill Becomes Law"
it says :
Officially, after the President signs the bill, 10 days passes without a signature, or after a veto override, the bill is considered law. It is in effect at that moment. But in reality, it is, of course, more difficult than that.
Even on the Wikipedia article listed in the FAQ there was no mention of a 90 day delay. Just wondering if Sen Sessions simply asked for a 90 day delay or a 180 day delay.
Check this out too.
http://thomas.loc.gov/home/lawsmade.bysec/presidential.html
"A bill becomes law on the date of approval or passage over the President's veto, unless it expressly provides a different effective date."
http://www.usconstitution.net/consttop_law.html.
It's a great article and maybe we shud add it in our FAQ section.
If you scroll down to the heading "The Bill Becomes Law"
it says :
Officially, after the President signs the bill, 10 days passes without a signature, or after a veto override, the bill is considered law. It is in effect at that moment. But in reality, it is, of course, more difficult than that.
Even on the Wikipedia article listed in the FAQ there was no mention of a 90 day delay. Just wondering if Sen Sessions simply asked for a 90 day delay or a 180 day delay.
Check this out too.
http://thomas.loc.gov/home/lawsmade.bysec/presidential.html
"A bill becomes law on the date of approval or passage over the President's veto, unless it expressly provides a different effective date."
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ArunAntonio
05-14 07:14 PM
'Cautious Optimism' are the key words folks ;)
-- as some else put it in another post .. this has not cured us of the retrogression ailment, this is just a pain killer.
We should move ahead as planned. My support for IV core as usual.
-- as some else put it in another post .. this has not cured us of the retrogression ailment, this is just a pain killer.
We should move ahead as planned. My support for IV core as usual.
more...
paskal
04-15 08:36 PM
Hi folks,
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
many many congratulations...and thanks for sharing the news!!!
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
many many congratulations...and thanks for sharing the news!!!
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Berkeleybee
04-03 07:29 PM
All,
We were trying to keep this fact sheet to 2-3 pages, but it would be great to compile a list of immigrant overachievers anyway. :)
We were trying to keep this fact sheet to 2-3 pages, but it would be great to compile a list of immigrant overachievers anyway. :)
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himu73
04-13 09:18 AM
Hello
Can we a contact Indian/American organizations who can lend us support.
1. Today I read news wherein an organization of Indian Businessmen,Lawyers.Doctors are organizing fundraiser for Hilary Clinton. They are giving lot of money for her campaign. These people already have contacts with number of senators. They can help us in our cause at different level.
The Chairman of the organization in the news article Sant Singh Chatwal is a known hotilier in US.
http://timesofindia.indiatimes.com/NRI_group_to_raise_5_mn_for_Hillary/articleshow/1906983.cms
2. US-India Business Council is another such forum we can consider. Rediff has a news article wherein they are asking congress to increase H1s and make green card process easier. They have mentioned an address in Washington D.C
H St, Northwest headquarters in Washington, DC.
http://www.rediff.com/money/2007/apr/13visa.htm
Can we a contact Indian/American organizations who can lend us support.
1. Today I read news wherein an organization of Indian Businessmen,Lawyers.Doctors are organizing fundraiser for Hilary Clinton. They are giving lot of money for her campaign. These people already have contacts with number of senators. They can help us in our cause at different level.
The Chairman of the organization in the news article Sant Singh Chatwal is a known hotilier in US.
http://timesofindia.indiatimes.com/NRI_group_to_raise_5_mn_for_Hillary/articleshow/1906983.cms
2. US-India Business Council is another such forum we can consider. Rediff has a news article wherein they are asking congress to increase H1s and make green card process easier. They have mentioned an address in Washington D.C
H St, Northwest headquarters in Washington, DC.
http://www.rediff.com/money/2007/apr/13visa.htm
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gconmymind
08-05 05:58 PM
I am not sure this will count as an illegal behavior. Of course, I am not a lawyer. But companies typically ask for relocation reimburesement and lawyer expenses, etc. to be paid back pro-rated, in case the employee leaves within a year or so.
Again, this is not really asking for money for labor, but just making sure that the company gets their expenses back in case employee leaves within an year.
Btw, I do not have any such agreement with my company. But I think this is standard. Unfair, maybe. Illegal? I dont know....
Again, this is not really asking for money for labor, but just making sure that the company gets their expenses back in case employee leaves within an year.
Btw, I do not have any such agreement with my company. But I think this is standard. Unfair, maybe. Illegal? I dont know....
more...
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cjain
11-13 03:10 PM
From the Aytes memo:
Question 1
How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer:
If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it’s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above.
Hope this clears stuff up. RFE's are generally issued for ability to pay issues. If all's clear on that front, there should simply be no issue
Question 1
How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer:
If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it’s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above.
Hope this clears stuff up. RFE's are generally issued for ability to pay issues. If all's clear on that front, there should simply be no issue
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Alabaman
08-24 09:00 PM
http://immigrationvoice.org/forum/showthread.php?t=1540
TUESDAY, OCTOBER 24TH, 2006?
TUESDAY, OCTOBER 24TH, 2006?
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ata1234
07-13 09:07 PM
Dear friends, you are participating into this rally not for your own benefit but also you are helping huge community. All the best!
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admin
06-04 06:44 AM
The Heritage Foundation is a powerful Conservative Think Tank based out of Washington DC.
More at http://www.heritage.org
More at http://www.heritage.org
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glen
05-17 09:43 AM
With approved I-140 H1-B extension can certainly be done .
For 365-day period one can take out the days he/she has been away from US for work, vacation,etc. Check immigration-law.com for this.
My question to my valuable friends is that if I've filed PERM well before 365 days (i.e. the last year) but it was denied and then i refiled another PERM after the 365-day period was started, then would I still be able to renew my H1 based upon filed PERM or approved I-140 or what? :confused:
For 365-day period one can take out the days he/she has been away from US for work, vacation,etc. Check immigration-law.com for this.
My question to my valuable friends is that if I've filed PERM well before 365 days (i.e. the last year) but it was denied and then i refiled another PERM after the 365-day period was started, then would I still be able to renew my H1 based upon filed PERM or approved I-140 or what? :confused:
ash27
04-02 09:55 PM
Thanks Ams. Do you see any issues using AC21 to move to companies like TekSystems? Also, do you have any information on some of the new provisions in the pipeline.
saileshdude
09-04 11:37 AM
You can work on h1b - you will get H1b based on existing approved 140 and pending 485.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
This is yet another inefficiency on their part. When it comes to AC21 your file does not even get updated even though you may have attached I-485 receipt along with AC21 filing. But when the employer revokes I-140 they don't forget to send you NOID or even I-485 denial.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
This is yet another inefficiency on their part. When it comes to AC21 your file does not even get updated even though you may have attached I-485 receipt along with AC21 filing. But when the employer revokes I-140 they don't forget to send you NOID or even I-485 denial.
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