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dan19

09-25 01:36 PM

A friend of mine filed her H1 transfer on Sept. 7th. No receipt yet.
Does it take this long?

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puskeygadha

10-08 08:23 AM

I have 10 months in H1 now. My perm got denied because
the certifying officer thought my inhouse experience is similar
to job requirement. I have accumulated 5 years experience from the
same company (50%) rule. I have to re-advertise to file new perm
since recruitment is 180 days old.


H1 is till June. Lawyer wants to start fresh perm. I do not have time.
if premium processing does not start I will be screwed one more time
again.

well well , will premium processing start by June next year. Also
EB2 is current for ROW. can I stay in work permit in the country..

I do not know ..please help. Can I ask lawyer to appeal through BALCA
so that I can extend H1. Please help

I will really appreciate for any help.

October 2nd is a bad day. my perm hot denied same day

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tempgc

09-28 01:28 PM

How can we work with DOS to make Quarterly Spillover happen.

There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Source :
Visa Bulletin for July 2008 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html)

If we workout a plan for this and make it happen, I am happy. Here are some good points

1. USCIS work load will be streamlined all the FY and avoid huge activity/workload in Sept
10.
2. If economy / job market continues like this, EB3I can see light not to mention the advantage to EB2I.

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logiclife

11-27 02:01 PM

One way to obtain a visa is to have one parent apply for visitor's visa at one time.

For example, if the mother of the sponsoring person goes alone for a visitor's visa, its a cakewalk to convince consular officer that she will not settle in USA and come back to India where her husband is there. You dont even have to convince, its obvious.

Then, once she obtains visa, she can come, visit and go back. Then after that, the father could go to consulate to obtain his visa.

This is a slow method, often may not serve the purpose of having them both in USA at the same time, but it works for sure. In a year, both would have visas and both could come together.

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glus

01-10 01:22 PM

Changing U.S. Constitution is very hard, and I don't think they'll do it. What they are trying to is to change the interpretation of the 14th amendement. If they do not succeed in amending the Constitiution, they will try different tricks, such as pass state laws that will say that "no birth certificate" can be issued unless a Permanent Resident parent or U.S. Citizen parent applies for one. I don't think this is flying anywhere. However, I do understand the merits of this case.

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lvinaykumar

07-16 01:27 AM

I am in but i think we should wait for IV core to comment on this. I was thinking we are going to do in couple of cites at once.... But anyway i am in and i can get around 10 ppl who i have been talking to about this

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bhatt

11-04 01:23 PM

H4 must be associated with your latest H1b. Get it transferred immediately.

There is not anything like H4 transfer. H4 will be valid till the I-94 validity date provided the primary (h1) applicant is in status.

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-year-old Know that much

qplearn

12-06 03:11 PM

hang on.... I am looking for my magic 8 ball. :D

Honestly no one knows for sure. With the new congress with democrats in power, the chances have certainly increased that something may happen in 2007. However, it's next to impossible to predict any timeframe with any more precision than that.
After July 2007, there is no way the Dems can avoid a discussion on immigration. This is according to my sources.

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The 24-year-old recently

same_old_guy

07-12 02:28 PM

I have same question in mind -
Is AILF really going to file the suit against uscis ? What could possibly holding them up ? I heard about the lawsuit even before July 2. So that means more than 12 days have passed and there is no news of filing the class action suit. As someone said, USCIS and AILA ( immi lawyers) are sweethearts. I do not see there is any reason to trust AILF that it will fight for us. So, is it just gimmick and publicity ? and taking immigrants for a ride ?

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austingc

05-26 02:47 PM

I filed with premium processing and my employer had received an RFE for employee employer relationship. They will be responding to the RFE by Monday but I will travel out of the country in another 2 weeks.

What If I don�t receive an approval before I leave the country? Assuming USCIS will approve the H1 extension, which means there won�t be any new I-94 because technically I will be out of the country.

I will be using my AP to enter in any case. I have a couple of questions.

1. After entering with AP, can I continue with my H1B job or should I switch back to EAD?
2. We have time until July 1st to respond to the RFE but I will be returning back by June 20th. Can we reply to the RFE with the new I-94 after I returned back?

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The twenty-five-year-old

windsor1

07-30 08:08 AM

I'm EB2 india and scheduled for interview on Sep 11 at Montreal Canada.
Yes, not kidding...

PD Nov-2005

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waitingmygc

06-01 03:49 PM

For awareness: H1B COS and H1B Extension comes under same rules from USCIS, so relevant in this context.

Is CoS applicable for H1B renewal?

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navyug

02-06 03:20 PM

Nebraska will deny 140 for commerse degrees. They purely base their approval on education not on work experience. I guess they also know that people fake their experience but cannot fake the education. This is a sad state of affairs but I guess our country men are also partially responsible.

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the additional 14 year old

gc_rip

05-07 05:36 PM

I am just curious, and don't see it's been addressed here. She is on EAD (so the 485 is pending, and PD is not current). If the child is born in India, and if the PD is not current I assume you can't apply 485 for the child. In that case what visa would the child enter in USA?

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sunnymit

04-01 04:06 PM

Guys,

My wife is going to give her DL test this weekend in NJ. Although I had to give a written exam and pass a road test for my DL, I have been hearing stories that nowadays some centers give you the DL just after passing the written test - No Road Test needed. While am not against giving a road test, I think it will be pretty sweet to get the DL right after passing the written exam. She does have a valid Indian DL (in english) in case that helps.

Can you guys share your experience with DMV and tell me in your opinion which DMV office is better in this regard?

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go_guy123

11-11 01:47 PM

Like I said before at

http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/783282-dec-2009-vbulletin-out-4.html#post1127289

No chance on its own.....But they typically get attached to other bills.

Say if they table CIR these bills will be attached to the bill to act as poison pills
and eventually Tech industry will lobby against the CIR and it will come crashing down.

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MLS

07-02 03:47 PM

Hi all,
Really surprised but pleased to say our green card got approved today !

Details �
PD � Oct 2001
485 RD � Mar 2004
EB3 - India

We had seen worst of the GC process:
labor got remanded back to state then send back to DOL again and got approve.
FBI name check stuck for around 2 years,
485 filling during pregnancy,
Fingerprinting notice sent wrong address,
2 RFEs for 485 (one for TB test one to get current employment letter)
and finally retrogression!

I was hopeful when the dates became current that this will be all over soon but logged in today on immigration voice and got the shocking news about visa number for EB are now unavailable. Thought that we were unlucky again.

But then checked the status online on USCIS and there it was following message �
�Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On July 2, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.�


Having gone through the worst, I will always support IV and their effort to get justice to all of you. I pray for all of you to get GCs soon.

Thanks for everybody who had responded to my questions.
Thanks IV for the leadership and this forum.

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nashorn

12-16 02:34 PM

OMG. This is hilarious.

First piece of crap advice:
Write a letter to USCIS "promising that you'll..."?? what are you smoking man? This is USCIS we are talking about, not Santa Claus or the fairy godmother. Writing letters promising that you'll be a good boy in the future does not work.
My girlfriend would not buy this, an immigration officer with USCIS will simply shred it and mail you a denial.

Second piece:
Oops, we dont meet some reuqirement of USCIS, ask them to waive it, saying "I am different, your regular rules dont apply to me". Why not add an addendum letter asking for Visa Bulletin also to not apply to you. Neither the requirement that 5 years of GC is needed for citizenship.

Are you an idiot or are you trying to harm the original poster with your advice? Stop giving stupid advice. If you dont know, say you dont know.
The only thing sensible in your post was the advice to get a good lawyer.

OP: also try to contact UnitedNations (http://immigrationvoice.org/forum/private.php?do=newpm&u=8672) and see if he is willing to help with this. Since time is so short, see if you can find his email/phone_number (he has helped tons of people with ATP issues on immigrationportal.com and is essentially a PhD on this subject matter. I tried a google search, but am having a hard time getting his email... try it out, if you can find him, its worth the effort you spend looking for him)
First of all, if you want to start calling names, this can get ugly.

Secondly, anything I wrote is based on real cases in my company, who is big one and hires big immigration law firm for its immigration need.

There is more than one person who is on EB3 and has their I-140 approved on this future pay promise. Since this is for future employment, it makes sense if the imployer says I'll pay him then. But there is no way the detail can be released, that why you should go to a capabal atterney. If he is good enough, he'll know what you are talking about.

I konw a person who work in academic institute. Because the academic field is paid lot less than the business, so his wage in the petition is less than requirement. The atterney hired by his employer made the agument based on the reality. But the effort failed. That why I wrote it has less chance, but it realy happened, so you may consider it, if you fell lucky.

You don't know any of this, do you? Being less knowegable wouldn't make me looke down at you. But your acting like you know everything while you don't, and insulting others (even if you are right which you are not), makes you nothing but a piece of sxxx.

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grupak

03-27 09:28 PM

While I understand that no one wants to hear "no, thank you" when they're looking for a job, I can fully understand why a company may want to pass on EAD candidates if they are the primary applicant in a GC filing. I have read numerous times on IV that "GC is for future employment." If that is the case, then the EAD holder will need to join the GC-sponsoring company upon receipt of the GC. Why would a company want to hire someone who will need to leave the company and join another one per the requirements of the EB-based Green Card? If the EAD holder uses AC21, then the new employer takes on the responsibility of sponsoring the employee.

On the other hand, if EAD is just like Green Card, then why all the fuss on IV on delays in getting GC, retrogression, etc?

You can't find the answer you are looking for. Of course companies would prefer a GC because they think rightly or wrongly that EAD could be a hassle down the road. On the other hand as far as I know Fed law doesn't allow this kind of discrimination. Now the law is only useful if violators are brought to book. That can't happen unless the violation is brought to the notice of the authorities. Its not a chicken and egg problem, really. There are lot of employers who would gladly work with EAD, and if you come across one that tries to make their own immigration rule, bring them to the notice of the govt.

There is not much else you can do. If the employer keeps on pushing you to find out your immigration status you either lie (not a great idea) or tell the truth and you don't get the job. In this case, you have nothing to lose. So, report their illegal practice.

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roseball

08-27 01:08 PM

All thanks for kind comments.

@roseball - I am kind of surprise from your answer. I do not think it is possible currently(given economic situation) to post a job position and accept 0 applicants. Unless the job description has rare minimum requirements.



I agree that its impossible to not receive applications in this economy. However, the key to the process is how many of those applicants actually meet the advertised educational and experience requirements, possess the listed skills, and are willing to accept the employment terms. An applicant can only be declared qualified/dis-qualified solely based on the minimum job requirements as advertised. If an applicant meets all the requirements, then he/she has to be interviewed for the position. It definitely would raise a flag, incase a qualified applicant is not selected after the interview especially in this economy, unless the applicant rejected the job offer and even in such cases, the employer needs to show proof that an offer was extended and the applicant denied it.

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nixstor

01-30 02:35 PM

OP,

on the outset it might seem that SK needs to be retrogressed but there is a possibility that it does not need to be.

What if all the above 7% cases were approved in the final Q and there were no India/Chinese available to be approved? Can you prove this one way or the other? No you cannot and any one cannot.

DOS is on a slippery slope, if they retrogress SK In final Q, they run the risk of not using up visa numbers as I & C old 485's have NC or other issues. If they do not retrogress it might seem like a injustice to I & C. Ideally, ( I say ideally and not practically) DOS should retrogress SK as there should be demand from old I & C cases after the USCIS/FBI joint effort.

This issue was already discussed here. (http://immigrationvoice.org/forum/showthread.php?t=20185&highlight=EB-2+current&page=29)

The crab analogy applies here partly. These problems are minute problems compared to the bigger problem of retrogression and lack of required visa numbers. Our focus and effort needs to be on them and not on these issues that are actually offshoots of those bigger issues.

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