willigetagc
09-10 12:15 PM
Guys,
This is election time and no immigration bills will be taken seriously until mid next year. Let us stay calm and cool.
Still have friends from EB2 2002/03 not gotten their GCs...
Patience is the key.
Election time....immigration issue has zero value
Nothing to stop CIS from repeating what happened this year. :mad:
Next Jul they will advance PDs to Jun 07 and then approve tons of 2007 PDs.
I can't even imagine the plight of the pre-2005 PDs. It makes me wanna throw up. :eek:
This is election time and no immigration bills will be taken seriously until mid next year. Let us stay calm and cool.
Still have friends from EB2 2002/03 not gotten their GCs...
Patience is the key.
Election time....immigration issue has zero value
Nothing to stop CIS from repeating what happened this year. :mad:
Next Jul they will advance PDs to Jun 07 and then approve tons of 2007 PDs.
I can't even imagine the plight of the pre-2005 PDs. It makes me wanna throw up. :eek:
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dreamworld
06-02 09:04 PM
The video clip has been posted on the website and the link is
www.ktvu.com/video/9315563/index.html?taf=fran
Great job IV and Pratik !!!
Well said!!!
www.ktvu.com/video/9315563/index.html?taf=fran
Great job IV and Pratik !!!
Well said!!!
uma001
11-16 04:56 PM
Hi,
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
This is the first case I am seeing like this. USCIS decided to scrutinize to maximum extent so that not many H1 guys get green cards
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
This is the first case I am seeing like this. USCIS decided to scrutinize to maximum extent so that not many H1 guys get green cards
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voldemar
12-26 12:52 PM
When I am working on H1-B, why should I keep my EAD current?You don't need to keep EAD current if you have H1. It's just easier to get new job with EAD if you want to change job or got laid off.
more...
a_yaja
03-07 09:43 AM
You require a new H1B stamp in your passport. If you look at your existing H1B stamp - it will have the name of your company (it is not clear from your post if this is Company A or Comapny B). Once you quit the company and leave this country, you need to have new stamp. In your case, you must have H1B stamp from Company C when you enter after you leave the country (unless you are visiting Mexico or Canada - in which case you can use automatic revalidation rule - provided you are out of the country for less than 30 days).
I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.
I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.
lyiu18
02-22 07:04 PM
I have similar question about EB2 and experience with current employer
I came from China, so EB3 are really bad comparing with EB2
As I know I could not use experience at my current employer (Company A) to fill EB2, can I find a consulting company (Company B) who willing to sponsor my EB2, while still work for Company A (through Company B)?
Will that be some problem, or is it legal?
I came from China, so EB3 are really bad comparing with EB2
As I know I could not use experience at my current employer (Company A) to fill EB2, can I find a consulting company (Company B) who willing to sponsor my EB2, while still work for Company A (through Company B)?
Will that be some problem, or is it legal?
more...
slowwin
06-23 09:08 AM
If your labor was filed in 2004, you can apply for I-485 if your approved I-140 is ofr EB2.
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn’t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
--------------------------------------------------------
Immigration saga :
USA GC:
PD: FEB 2007,
I-140 APPROVED, EB2 NIW,
I-485 STATUS PENDING
Canadian PR:
Enquiry on AINP Jan 2008
Formal initial docs sent March 2008
Invitation to apply for Nomination August 2008
Applied for Alberta Provincial Nomination Dec 2008
Provincial nomination received July 2009
Applied for PR at CIC, Buffalo , NY OCT. 2009
Medicals done March 2010
PR visas established, passports sent for stamping June 2010
Landing --- In future
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn’t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
--------------------------------------------------------
Immigration saga :
USA GC:
PD: FEB 2007,
I-140 APPROVED, EB2 NIW,
I-485 STATUS PENDING
Canadian PR:
Enquiry on AINP Jan 2008
Formal initial docs sent March 2008
Invitation to apply for Nomination August 2008
Applied for Alberta Provincial Nomination Dec 2008
Provincial nomination received July 2009
Applied for PR at CIC, Buffalo , NY OCT. 2009
Medicals done March 2010
PR visas established, passports sent for stamping June 2010
Landing --- In future
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GC_1000Watt
12-03 04:50 PM
Dude! Just go with confidence and you'll be fine. Have all the documents with you. Have your pay-stubs handy with you.
I attended visa interview at Mumbai consulate during last week of Aug. 2010. I was asked questions on my client, my job responsibilities and was asked how does my H1B holding company supervises my work at client site.
I was also asked to show my last 3 pay-stubs. Good luck!
Thanks!
Hello All,
I heard from my employer that many people who are visiting India for H1B Stamping are getting stuck with 221G query. My company lawyers have suggested us to cancel or postpone all the travel plans to India.
Did any of you have any recent stamping experience at Mumbai Consulate? I would appreciate if you can share it on this forum.
Thanks,
GreenMe
I attended visa interview at Mumbai consulate during last week of Aug. 2010. I was asked questions on my client, my job responsibilities and was asked how does my H1B holding company supervises my work at client site.
I was also asked to show my last 3 pay-stubs. Good luck!
Thanks!
Hello All,
I heard from my employer that many people who are visiting India for H1B Stamping are getting stuck with 221G query. My company lawyers have suggested us to cancel or postpone all the travel plans to India.
Did any of you have any recent stamping experience at Mumbai Consulate? I would appreciate if you can share it on this forum.
Thanks,
GreenMe
more...
retropain
08-18 02:05 PM
what do u mean go back in line? theyare supposed to be processed like that (LC processing is a different creature though)
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raysaikat
07-11 01:06 PM
Thanks for the response raysaikat... the above information is definitely very helpful for me.
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year?
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes -- the employer can file the petition anytime of the year.
And if approved can i start to work immediately without a gap?
Please advise.
Thanks Yes. Actually you would be able to start working as soon as the employer got acknowledgement of receipt from USCIS --- you would not have to wait for the actual approval as you were already on H1-B.
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year?
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes -- the employer can file the petition anytime of the year.
And if approved can i start to work immediately without a gap?
Please advise.
Thanks Yes. Actually you would be able to start working as soon as the employer got acknowledgement of receipt from USCIS --- you would not have to wait for the actual approval as you were already on H1-B.
more...
zinchak
10-19 01:34 AM
Please see this if you have an emergency.
http://boards.immigration.com/showthread.php?t=260914&highlight=guard
Good luck
http://boards.immigration.com/showthread.php?t=260914&highlight=guard
Good luck
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gcformeornot
05-28 07:31 AM
from my understanding it wil start right away.. which means we will loose some time overlapping between the EAD's.
I think it starts after expiry of first one. ( all other things work this way, why different rule for EAD?)
I think it starts after expiry of first one. ( all other things work this way, why different rule for EAD?)
more...
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texcan
09-25 02:06 PM
How do I see or get LUD for I140 ? Mine was approved in DEC, 2006. Applied 485 in August 2nd week. Will I also get LUD?
sign up on uscis.gov, add you case number to profile, and you can see LUD (its one of the columns)
HTH
sign up on uscis.gov, add you case number to profile, and you can see LUD (its one of the columns)
HTH
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anjans
07-10 08:54 PM
H1gurus pls advice
more...
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chanduv23
08-19 11:06 PM
You are the biggest heros and inspiration to all. Hats off to you guys.
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gc_chahiye
08-26 12:59 PM
This is not correct. you can apply for 1 year extensions if you have applied for 485 and is pending.
not true. For H1 extension you only need an LC >365 days old, or I-140 approved. Just 485 pending does not matter.
If your I-140 is approved and your PD is not current, you will get a 3 year extension irrespective of 485 filing or not. This has also been confirmed by the USCIS in its recent FAQs.
If your LC is >365 days old you get a 1 year extension.
not true. For H1 extension you only need an LC >365 days old, or I-140 approved. Just 485 pending does not matter.
If your I-140 is approved and your PD is not current, you will get a 3 year extension irrespective of 485 filing or not. This has also been confirmed by the USCIS in its recent FAQs.
If your LC is >365 days old you get a 1 year extension.
more...
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dionysus
03-18 02:32 AM
I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
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chanduv23
10-30 03:19 PM
Some pics and videos are available at
http://immigrationvoice.blogspot.com
http://www2.snapfish.com/share/p=967...=SYE/otsi=SALB
more to follow.
http://immigrationvoice.blogspot.com
http://www2.snapfish.com/share/p=967...=SYE/otsi=SALB
more to follow.
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snathan
05-13 11:31 PM
Experts,
My friend got a letter from USCIS saying his H1 B transfer got Denied due to Client Contract / Letter.
1. Is he out of status?
2. He can appeal with proper evidence to show that we have contract..with clients..
3. What si the procedure.. pelase advice
Thanks in advance.
If your previous H1B expired, he is out of status. File the appeal asap. Once the appeal is accepted, he is in status till the final decision is made.
This is my opinion only. Please check with attorney.
My friend got a letter from USCIS saying his H1 B transfer got Denied due to Client Contract / Letter.
1. Is he out of status?
2. He can appeal with proper evidence to show that we have contract..with clients..
3. What si the procedure.. pelase advice
Thanks in advance.
If your previous H1B expired, he is out of status. File the appeal asap. Once the appeal is accepted, he is in status till the final decision is made.
This is my opinion only. Please check with attorney.
dixie
05-19 06:10 PM
I doubt we can threaten to get sanctions passed on Exceed .. i dont think we have the political clout for that. All we can do for now is plead, reason and educate senators of the unfair treatment we get from the broken immigration system. If our membership keeps growing to a point where we represent most of the affected legal immigrants at the mercy of USCIS (close to half a million), then its a different story, not to mention if we had the numbers and political clout of the illegals. Just my opinion.
moclutch
03-06 01:23 AM
Thanks to all the well wishers and a hopes for a speedy completion for all those still on the journey!
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