txh1b
08-18 01:39 PM
The attorney's post re-iterates what I have been saying. You did not qualify for H1b portability. Even if USCIS approves the case with a I-94, you cannot consider yourself safe as it might come back and bite you for working illegally.
If you do not exit and re-enter, all the period that you spent in US from the day of losing your job can be considered unauthorized and may result in your GC denial or a ban of 3-10 years based on the time spent.
If you do not exit and re-enter, all the period that you spent in US from the day of losing your job can be considered unauthorized and may result in your GC denial or a ban of 3-10 years based on the time spent.
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sr123
11-21 09:10 AM
Semt email.
ChainReaction
04-18 07:09 AM
www.immigration-law.com
04/18/2006: Bi-Specialization and Reshaping Service Centers Processing Times Report
The bi-specialization initiative that went into effect on April 1, 2006 is expected to bring about the changes in the Service Centers processing times report. The latest reports have already reported the following two changes in I-140 petition processing times report:
California Service Center ceased reporting I-140 processing times
Nebraska Service Center I-140 petition processing times have jumped remarkably since the April 10, 2006 report as follows:
04/10/2006 Report 04/15/2006 Report
EB-1A 10/01/2005 03/01/2006
EB-1B 11/12/2005 03/01/2006
EB-1C 12/17/2005 03/15/2006
EB-2 12/10/2005 12/15/2005
NIW 12/10/2005 03/15/2006
EB-3 10/16/2005 02/15/2006
EB-3EW 01/15/2006 03/15/2006
Schedule A 12/17/2005 02/01/2006
Texas Service Center I-140 petition processing times was already January 2006 in April 10, 2006 Report. It is likely that TSC I-140 processing times may also reveal some changes in the next report.
We will keep watching the development and effect of the bi-specialization program. The next review will focus on EB-485 processing patterns in these Service Centers. Please stay tuned to this web site.
Speedy processing times will help some of the recent PERM application filers whose H-1B approaches the six-year limit and who cannot apply for extension of 7th-year extension of H-1B for failure to prove 365 days pending labor certification before reaching H-1B six year limit. Since the PERM applications are nowadays adjudicated in about three months and I-140 petition adjudication takes between two months and three months, they will be able to apply for three-year increment H-1B extension if their visa numbers are retrogressed. Late starters of PERM applications should consider two options to extend their H-1B extension beyond six years while they wait for the visa numbers: One is overseas trips and recapture of H-1B times abroad. The second is prompt processing of I-140 petitions and filing of three-year increment H-1B extensions.
04/18/2006: Bi-Specialization and Reshaping Service Centers Processing Times Report
The bi-specialization initiative that went into effect on April 1, 2006 is expected to bring about the changes in the Service Centers processing times report. The latest reports have already reported the following two changes in I-140 petition processing times report:
California Service Center ceased reporting I-140 processing times
Nebraska Service Center I-140 petition processing times have jumped remarkably since the April 10, 2006 report as follows:
04/10/2006 Report 04/15/2006 Report
EB-1A 10/01/2005 03/01/2006
EB-1B 11/12/2005 03/01/2006
EB-1C 12/17/2005 03/15/2006
EB-2 12/10/2005 12/15/2005
NIW 12/10/2005 03/15/2006
EB-3 10/16/2005 02/15/2006
EB-3EW 01/15/2006 03/15/2006
Schedule A 12/17/2005 02/01/2006
Texas Service Center I-140 petition processing times was already January 2006 in April 10, 2006 Report. It is likely that TSC I-140 processing times may also reveal some changes in the next report.
We will keep watching the development and effect of the bi-specialization program. The next review will focus on EB-485 processing patterns in these Service Centers. Please stay tuned to this web site.
Speedy processing times will help some of the recent PERM application filers whose H-1B approaches the six-year limit and who cannot apply for extension of 7th-year extension of H-1B for failure to prove 365 days pending labor certification before reaching H-1B six year limit. Since the PERM applications are nowadays adjudicated in about three months and I-140 petition adjudication takes between two months and three months, they will be able to apply for three-year increment H-1B extension if their visa numbers are retrogressed. Late starters of PERM applications should consider two options to extend their H-1B extension beyond six years while they wait for the visa numbers: One is overseas trips and recapture of H-1B times abroad. The second is prompt processing of I-140 petitions and filing of three-year increment H-1B extensions.
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desi3933
02-21 08:29 AM
......
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
Ram_C
11-14 01:21 PM
My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.
The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.
I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.
Any inputs from people with similar experience?
Yes you are true, FP doesn't have anything to do with EAD approval.
However if you apply EAD online, then you will get FP notice as a part of the process.
good luck :)
The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.
I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.
Any inputs from people with similar experience?
Yes you are true, FP doesn't have anything to do with EAD approval.
However if you apply EAD online, then you will get FP notice as a part of the process.
good luck :)
chanduv23
03-14 12:58 PM
Don't ignore Dubai. It is a boom town and will give red carpet welcome to your wife because she is a US trained doc. I know of a few Indian docs who were on J1 visa and never got waiver jobs went to work in Dubai instead because with US degree they can practise there without any major issues. Dubai is good for IT folks too with the internet city. You may want to google and find more about Dubai's requirements.
hopein07 - thanks a ton again
Thats news. We recently had a layover in Dubai when we flew emirates and Dubai seems to be an exciting place.
Any idea about Australia?
hopein07 - thanks a ton again
Thats news. We recently had a layover in Dubai when we flew emirates and Dubai seems to be an exciting place.
Any idea about Australia?
more...
eb3_nepa
08-14 03:33 PM
Called 6 different operators at the USCIS and got different answers (atleast they are consistently inconsistent!)
2 Said it is perfectly fine as long as the amount is correct
3 said they prefer seperate checks but if the amount is correct they will accept it
1 said they will reject the whole package.
On a lighter note i spoke to one really sweet lady when my call was escalated. All i wanted to ask was about the checks, but she (very enthusiastically) looked up my information and informed me that i was not in the system yet and actually apologised to me. Now i KNOW she looked it up coz she got my middle and company names right even without my telling her that. She even said she has received a few calls today and the guy b4 me was a lucky caller as he was in the system as of Aug 8.
2 Said it is perfectly fine as long as the amount is correct
3 said they prefer seperate checks but if the amount is correct they will accept it
1 said they will reject the whole package.
On a lighter note i spoke to one really sweet lady when my call was escalated. All i wanted to ask was about the checks, but she (very enthusiastically) looked up my information and informed me that i was not in the system yet and actually apologised to me. Now i KNOW she looked it up coz she got my middle and company names right even without my telling her that. She even said she has received a few calls today and the guy b4 me was a lucky caller as he was in the system as of Aug 8.
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GCNirvana007
04-08 04:50 PM
Also, did you know we have some action items? and did you notice some people donate time and money?
Winner - Thanks for the recommendation. You should have stopped right there. I ask questions to understand how it functions and whats going on. If you dont know the answer. Just be quiet. Stop making smartass comments. I dont have time go back and forth on it.
Winner - Thanks for the recommendation. You should have stopped right there. I ask questions to understand how it functions and whats going on. If you dont know the answer. Just be quiet. Stop making smartass comments. I dont have time go back and forth on it.
more...
coopheal
07-26 11:39 AM
I have added my experience on wiki. Please add the banks you used here..
http://immigrationvoice.org/wiki/index.php/Sending_Money_to_India
http://immigrationvoice.org/wiki/index.php/Sending_Money_to_India
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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...
chanduv23
03-14 02:43 PM
Not much idea about Australia but you don't want to go Down Under. It's very racist and discriminatory in every aspect. Besides, the accent.... OMG... simply unbearable :mad:
You can get some info from a forum for British expats in oz:
http://britishexpats.com/forum/forumdisplay.php?f=32
All in all Oz is a bigger hell. The only thing good there is the 3 Bs - Beer, Beaches and the Babes. But you better stay away from them because they are not very approachable for the people of color.
I work with a lot of people from OZ, they tell me it is not as bad as it sounds, but then, if we enter their space, the treatment would be different I guess.
Thanks for all the info.
You can get some info from a forum for British expats in oz:
http://britishexpats.com/forum/forumdisplay.php?f=32
All in all Oz is a bigger hell. The only thing good there is the 3 Bs - Beer, Beaches and the Babes. But you better stay away from them because they are not very approachable for the people of color.
I work with a lot of people from OZ, they tell me it is not as bad as it sounds, but then, if we enter their space, the treatment would be different I guess.
Thanks for all the info.
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freedom_fighter
06-24 09:44 PM
what is ur priority date, EB2/EB3 and how much time for u to reply the RFE?
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tinoue
09-27 09:10 AM
Hi LRIndy,
Thank you very much for your quick reply.
Now I feel better. After waiting for GC so long (I started the application process in 2003), any small things make me worry...
Thanks!
Thank you very much for your quick reply.
Now I feel better. After waiting for GC so long (I started the application process in 2003), any small things make me worry...
Thanks!
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trueguy
12-11 12:00 AM
EB1 EB2 EB3
India 5,327 14,819 3,576
China 5,605 6,965 1,985
All 36,593 70,138 42,848
Total grobal EB (1 to 5) visa issued 163,037
Does anybody know why EB3 Total number (45,650) doesn't translate into 28% of annual quota (163,037). Does it mean EB3 didn't get their fair share (forget about per country limit)? This is insane.
India 5,327 14,819 3,576
China 5,605 6,965 1,985
All 36,593 70,138 42,848
Total grobal EB (1 to 5) visa issued 163,037
Does anybody know why EB3 Total number (45,650) doesn't translate into 28% of annual quota (163,037). Does it mean EB3 didn't get their fair share (forget about per country limit)? This is insane.
more...
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chris
09-29 07:31 PM
I also have soft LUD on 09/26 and 09/29...But i dont know what to read into it.
If your name check cleared, you may have some hope.
If your name check cleared, you may have some hope.
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Rb_newsletter
02-03 06:40 PM
We can try to make a legitimate point that H1Bs contribution to the economy is huge. Guess what that is why the companies try to hire more H1Bs. But... who is listening?
In the depression years - post 1929. Immigration to the US fell to 10% of what it was in 1929 and remained like that for 10 years. 400,000 Mexican immigrants were forced back to Mexico.
Immigration officers proactively sending back H1Bs is not totally unexpected. I hope and pray that the economy and the job situation improves in the coming months. Otherwise I wonder if there is more to come?
You should also quote medieval times examples here. So slashing H1b's heads could be justified.
My friend, 1929 is not equal to 2010. With all globalization happenings and trade dependability between countries this is not a fair treatment. This is modern world where export and import are essential and no one can stop it. In case of H1, knowledge is being imported into this country for whatever reason. I am shocked at your comment "proactively sending back". What they are doing is NOT proactive. If they want to act proactively, then they should send a letter communication revoking the H1 petition stating economical reasons even before going for stamping.
In the depression years - post 1929. Immigration to the US fell to 10% of what it was in 1929 and remained like that for 10 years. 400,000 Mexican immigrants were forced back to Mexico.
Immigration officers proactively sending back H1Bs is not totally unexpected. I hope and pray that the economy and the job situation improves in the coming months. Otherwise I wonder if there is more to come?
You should also quote medieval times examples here. So slashing H1b's heads could be justified.
My friend, 1929 is not equal to 2010. With all globalization happenings and trade dependability between countries this is not a fair treatment. This is modern world where export and import are essential and no one can stop it. In case of H1, knowledge is being imported into this country for whatever reason. I am shocked at your comment "proactively sending back". What they are doing is NOT proactive. If they want to act proactively, then they should send a letter communication revoking the H1 petition stating economical reasons even before going for stamping.
more...
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boreal
08-24 12:32 AM
People who did BSc and BA...have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..
Is there any use in comming here as a student?? anymore..
Well....not everything in life is fair. There are such laws that can be exploited and ppl will do that all the time. No use whining...
Is there any use in comming here as a student?? anymore..
Well....not everything in life is fair. There are such laws that can be exploited and ppl will do that all the time. No use whining...
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delhirocks
07-19 10:43 PM
Applied for LCP in July 2007 and I am not sure if I can apply for I-140/485 if my labor is approved before 17 August 2007. My PD is July 2007 but my labor might get approved in August.
Any Guess????
Where did your labor application go...If Atlanta...then forget about it, If Chicago, start getting all the paperwork like BC & Medical ready as you will most likely get your approval in a week or two (I got mine in 2 days)
Any Guess????
Where did your labor application go...If Atlanta...then forget about it, If Chicago, start getting all the paperwork like BC & Medical ready as you will most likely get your approval in a week or two (I got mine in 2 days)
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snathan
05-20 06:19 PM
Not favoring Wipro or quitting person here. General comment..
we need to be careful and review all aspect of issues with mgr and HR before leaving service companies. If we really want to come and work in US then come as independent companies on H1. People keep quite and say 'yes' for everything until H1 is filed in offshore and once a high paid offer comes then leaving and start saying 'sue' this company etc.
they pay fees for H1/air-fares/insurances for commitment for onsite work for some period. If person A goes out, they have to invest same amount of $ on new person B to get there and loosing credit at client also. Are these factors not overhead to these kind of companies?
Becoming so much emotional for money matters is quite common. Be practical and think wisely and negotiate peacefully with HR/MGR. Sending mails with lot of anger and threats to companies etc really don't much help in practical life and things go worse. this kind of stories is not first time and has been going for many years, think it from both sides.
Be practical, thinking peacefully. All the best.
They are not doing any charity for the employees...they want profit and cares only about their interest and so the employee. Whats wrong with that...
we need to be careful and review all aspect of issues with mgr and HR before leaving service companies. If we really want to come and work in US then come as independent companies on H1. People keep quite and say 'yes' for everything until H1 is filed in offshore and once a high paid offer comes then leaving and start saying 'sue' this company etc.
they pay fees for H1/air-fares/insurances for commitment for onsite work for some period. If person A goes out, they have to invest same amount of $ on new person B to get there and loosing credit at client also. Are these factors not overhead to these kind of companies?
Becoming so much emotional for money matters is quite common. Be practical and think wisely and negotiate peacefully with HR/MGR. Sending mails with lot of anger and threats to companies etc really don't much help in practical life and things go worse. this kind of stories is not first time and has been going for many years, think it from both sides.
Be practical, thinking peacefully. All the best.
They are not doing any charity for the employees...they want profit and cares only about their interest and so the employee. Whats wrong with that...
acecupid
07-16 06:24 PM
They have been talking about this lawsuit for a long time now. I wonder when they will actually file it. Though they claim that they will file it this week, I would trust them only when they actually do file the lawsuit.:D
ksircar
10-13 11:20 AM
:confused:
Dear gurus,
I have one fundamental question.
why EAD renewal can take up to 3 months? (90 days). It just does not make sense. I can understand if it is fresh application OR it has been expired for quite sometime before applying for renewal. If it is fresh app, there might be some security checks, application verificaiton checks etc. But EAD Renewal is very simple. You were approved once, your application does not boast any address changes. All you are requesting is renewal based on pending I-485. No common sense!:eek:
This is very very unacceptable and shows the lazyness of USCIS in adjucating timely. But they are VERY TIMELY in increasing fees....:eek:
I know I am very furious but dont we think we should raise some momentum in allowing special processing for EAD renewal or allowing local offices to issue Renewals for EAD which has been eliminated now????
Sincerely...
There are so many things in life that doesn't make sense, but still we accept all those unacceptable things. Friend, consider yourself lucky if you get your EAD card (with all correct info. on the card) in 90 days.
Dear gurus,
I have one fundamental question.
why EAD renewal can take up to 3 months? (90 days). It just does not make sense. I can understand if it is fresh application OR it has been expired for quite sometime before applying for renewal. If it is fresh app, there might be some security checks, application verificaiton checks etc. But EAD Renewal is very simple. You were approved once, your application does not boast any address changes. All you are requesting is renewal based on pending I-485. No common sense!:eek:
This is very very unacceptable and shows the lazyness of USCIS in adjucating timely. But they are VERY TIMELY in increasing fees....:eek:
I know I am very furious but dont we think we should raise some momentum in allowing special processing for EAD renewal or allowing local offices to issue Renewals for EAD which has been eliminated now????
Sincerely...
There are so many things in life that doesn't make sense, but still we accept all those unacceptable things. Friend, consider yourself lucky if you get your EAD card (with all correct info. on the card) in 90 days.
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