yabadaba
12-20 09:10 AM
What do you want us to say? You know the law well enough. Do you want our approval for breaking the law?
This is like saying...I am drinking right now...then I am going to drive home. Do you think its ok? Is there a loophole that will allow me to drive home?
NO ITS NOT OK!
Dont break the law!!!!
This is like saying...I am drinking right now...then I am going to drive home. Do you think its ok? Is there a loophole that will allow me to drive home?
NO ITS NOT OK!
Dont break the law!!!!
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ivgclive
06-16 11:10 AM
We think we are legal residents but in theory we are not. We tend to forget that the definition of H1B is temporary non-resident alien. Don't confuse this definition with the IRS definition which says that we are residents. All immigration laws and rules follow USCIS definition and not IRS definition.
All these new bills say that US Citizens and legal residents will not have issues. We all should understand that "temporary non-resident alien" is not included in that safe-list. As a matter of fact, our category is completely ignored.
Its a different topic all together to discuss if any bill can be passed which calls for the amendment of the constitution. BUT please don't think our kids are not covered by this anti-Immigration bills.
If you are worrying too much, get married soon and get couple of kids make sure that they are born before they change the rule.
They can not apply it for kids already born.
I see it in a different way. If they enforce the rule backdated, I am more happy that my kids become citizens of my own country, so when I go back I don't have to go thru HELL like renewing passports, PIO cards etc etc. They go to school freely without the NRI crap.
Buddy, this is not a reasonable thing that you should worry about.
All these new bills say that US Citizens and legal residents will not have issues. We all should understand that "temporary non-resident alien" is not included in that safe-list. As a matter of fact, our category is completely ignored.
Its a different topic all together to discuss if any bill can be passed which calls for the amendment of the constitution. BUT please don't think our kids are not covered by this anti-Immigration bills.
If you are worrying too much, get married soon and get couple of kids make sure that they are born before they change the rule.
They can not apply it for kids already born.
I see it in a different way. If they enforce the rule backdated, I am more happy that my kids become citizens of my own country, so when I go back I don't have to go thru HELL like renewing passports, PIO cards etc etc. They go to school freely without the NRI crap.
Buddy, this is not a reasonable thing that you should worry about.
Saralayar
06-18 04:40 PM
Few months ago I started a thread on this thought. There were mixed thoughts and if you want, you can merge this with that thread.
This topic was discussed in this thread:
http://immigrationvoice.org/forum/showthread.php?t=18393
This topic was discussed in this thread:
http://immigrationvoice.org/forum/showthread.php?t=18393
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WillIBLucky
11-13 01:41 PM
I don't think CIR is being taken in "Lame Duck" session. It will taken up only next year.
Oh Well!!
Oh Well!!
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we_r_d_world
10-01 11:00 AM
All right folks. I know this has been discussed before. I just wanted some different opinions of people who have been in my situation before.
I am on my H1 (7-8-9 yr) extension, which will end in Dec 2009. I have the choice of either applying for extension (10-11-12 yr:() or leave my H1 and go on EAD. Here are some boundary conditions:
1. By not applying for H1 extn will save employer the fees and during these times that will be a good thing.
2. By being on EAD I can work 2 jobs, or move to another job in the future (I have no plans of this right now).
3. Pretty sure employer will not revoke I-140 and might even:rolleyes: support me even if I move to another job.
4. I know H1 is a safety net if any issues arise with I 485, but after so many years here I am not willing to restart the GC process if for any reason my current application is turned down. I will just say "Screw You" and move back home. Career has stagnated due to this nonsense.
What do you guys suggest? Extend H1 or give it up and go on EAD? If I can call USCIS (POJ) and find out if my case has been pre adjucated (LUD a few months ago) will it be one more positive for going on EAD?
I have US Masters so if ever I want to go back on H1, the masters quota seldom gets full? Is my assumption correct?
I appreciate your feedback. If someone wants to leave a smart ass comment; go fish!:p
Hello,
Can you please clarify, how you would be eligible for another 3 yr extension??
For 3 Yr, extension after 6th year of H1,
either your LC has been filed for more then 365 days
OR your I-140 has been filed or cleared
OR your I-485 has filed and your PD is no longer current.
Now, the 3 yr. extension after 6th year, only *ONE TIME* is provided. After the 7-8-9 year, you go back to 1 year extensions.
How are you going to get 10-11-12???? did I miss something here?????? Please enlighten me.
Thanks.
we_r_d_world
" I have the choice of either applying for extension (10-11-12 yr) "
I am on my H1 (7-8-9 yr) extension, which will end in Dec 2009. I have the choice of either applying for extension (10-11-12 yr:() or leave my H1 and go on EAD. Here are some boundary conditions:
1. By not applying for H1 extn will save employer the fees and during these times that will be a good thing.
2. By being on EAD I can work 2 jobs, or move to another job in the future (I have no plans of this right now).
3. Pretty sure employer will not revoke I-140 and might even:rolleyes: support me even if I move to another job.
4. I know H1 is a safety net if any issues arise with I 485, but after so many years here I am not willing to restart the GC process if for any reason my current application is turned down. I will just say "Screw You" and move back home. Career has stagnated due to this nonsense.
What do you guys suggest? Extend H1 or give it up and go on EAD? If I can call USCIS (POJ) and find out if my case has been pre adjucated (LUD a few months ago) will it be one more positive for going on EAD?
I have US Masters so if ever I want to go back on H1, the masters quota seldom gets full? Is my assumption correct?
I appreciate your feedback. If someone wants to leave a smart ass comment; go fish!:p
Hello,
Can you please clarify, how you would be eligible for another 3 yr extension??
For 3 Yr, extension after 6th year of H1,
either your LC has been filed for more then 365 days
OR your I-140 has been filed or cleared
OR your I-485 has filed and your PD is no longer current.
Now, the 3 yr. extension after 6th year, only *ONE TIME* is provided. After the 7-8-9 year, you go back to 1 year extensions.
How are you going to get 10-11-12???? did I miss something here?????? Please enlighten me.
Thanks.
we_r_d_world
" I have the choice of either applying for extension (10-11-12 yr) "
peer123
01-09 11:26 AM
Your lawyer is right! According to the USCIS you cannot file premium if any of the following conditions exists with your application:
-- a second I-140 filing, if an initial I-140 remains pending
-- a labor certification substitution request
-- a duplicate labor certification requests (i.e. those cases where the original labor certification is not included)
So If I have already approved I140 and now I am trying to substitue to a new one can I do premium processing.
-- a second I-140 filing, if an initial I-140 remains pending
-- a labor certification substitution request
-- a duplicate labor certification requests (i.e. those cases where the original labor certification is not included)
So If I have already approved I140 and now I am trying to substitue to a new one can I do premium processing.
more...
GCBy3000
01-02 11:32 AM
I agree with Hendrix. It is a simple straight forward question and also the reality. What can of worms will emerge out from this?
The CIR dragged for almost two years and I dont think it is going to bring any joy to any of the members who have been following it for the past two years. Our experience with CIR shows that it is a catch 22 situation and it is only for politicians to gain political mileage. There is nothing in that for high skilled immigrants like us unless it is passed which I dont think is a cake walk. It is going to wag it's tail and it will be scapegoat for US politicians for the next election. So do not get over excited when you hear about anything on CIR coming months.
The CIR dragged for almost two years and I dont think it is going to bring any joy to any of the members who have been following it for the past two years. Our experience with CIR shows that it is a catch 22 situation and it is only for politicians to gain political mileage. There is nothing in that for high skilled immigrants like us unless it is passed which I dont think is a cake walk. It is going to wag it's tail and it will be scapegoat for US politicians for the next election. So do not get over excited when you hear about anything on CIR coming months.
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snathan
01-08 06:07 PM
Aware,
For porting of you priority date from one company to another, you need to qualify under AC21.
You many need to wait 6 months after filing 485 to do that.
Most of the reply you see are assuming that you have filed you I-485 and you are at AOS.
It would be better if you update you post if you have not applied I-485.
Since GC if for future, you can always ask company A to file I-485. You only need to be employed with them at the time of adjudication of your I-485.
Note: This should not be assumed as a legal advice, its only based on my understanding of the GC Process.
If you have the I-140 approved and still not revoked by the employer, you can port your PD. You do not need to have I-485 file or AC21. If you use AC21, you do not need to re-start the GC process otherwise have to start from PERM
For porting of you priority date from one company to another, you need to qualify under AC21.
You many need to wait 6 months after filing 485 to do that.
Most of the reply you see are assuming that you have filed you I-485 and you are at AOS.
It would be better if you update you post if you have not applied I-485.
Since GC if for future, you can always ask company A to file I-485. You only need to be employed with them at the time of adjudication of your I-485.
Note: This should not be assumed as a legal advice, its only based on my understanding of the GC Process.
If you have the I-140 approved and still not revoked by the employer, you can port your PD. You do not need to have I-485 file or AC21. If you use AC21, you do not need to re-start the GC process otherwise have to start from PERM
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amitgeorge
02-14 12:52 AM
Thanks aknatn, Colin Campbell, r_ferns82 for your comments ... i think more comments are in order.... I mean if we get some feedback on the designs positive or negative we will all be able to work better....
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jhegde
02-17 05:36 PM
Done.
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nlssubbu
08-02 06:29 PM
Do you know any official documentation which shows that H1 Extension will be for 3 years if PD is not current at the time of Filing and not at the time of approval.
I filed for 3 year H1B/H4 extension on 06/14/2007 when my PD was not current. My H1B was expiring on 07/06/2007. My H1B/H4 extension got approved on 07/27/2007 for one year only. As per my understanding, I should have got 3 year extension. Can I request USCIS to give me 3 year extension. If Yes, do I need to fill any form along with the explaination letter.
Check with your attorney that they provided a copy of approved I-140 when the H1/H4 renewal forms sent to USCIS. If your PD was not current, then they could have extended your H1 automatically.
I got similar extention at my end and it is still valid till 2010, though I got GC now.
Your attorney can point this mistake to USCIS and get you a 3 years extension, if your PD is not current.
Thanks
Mani
I filed for 3 year H1B/H4 extension on 06/14/2007 when my PD was not current. My H1B was expiring on 07/06/2007. My H1B/H4 extension got approved on 07/27/2007 for one year only. As per my understanding, I should have got 3 year extension. Can I request USCIS to give me 3 year extension. If Yes, do I need to fill any form along with the explaination letter.
Check with your attorney that they provided a copy of approved I-140 when the H1/H4 renewal forms sent to USCIS. If your PD was not current, then they could have extended your H1 automatically.
I got similar extention at my end and it is still valid till 2010, though I got GC now.
Your attorney can point this mistake to USCIS and get you a 3 years extension, if your PD is not current.
Thanks
Mani
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unseenguy
06-16 11:59 PM
ok sir! Are you from bihar?
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snathan
05-02 10:35 PM
If you get the divorce before I-485 approval, there is nothing much you can do. Once you are getting the divorce, your I-485 will get cancelled automatically. Even if your husband is not informing USCIS about the divorce, it can be revocable in a later date if approved by mistake.
1. Your husband can not get the GC because he is living together with USC. He needs to be married with her to get the GC.
2. If you are not giving the divorce, he can not legally marry her.
In this situation if he cancels his I-485, he is also going to be in trouble. Its gives you some leverage. Negotiate with him for not to cancel the I-485 otherwise you will not give divorce. In the mean time you can file for new H1B as a back up. This year there is no lottery and cap is still not reached. Talk to your employer about this and find out if they are ready to sponsor.
Good Luck.
1. Your husband can not get the GC because he is living together with USC. He needs to be married with her to get the GC.
2. If you are not giving the divorce, he can not legally marry her.
In this situation if he cancels his I-485, he is also going to be in trouble. Its gives you some leverage. Negotiate with him for not to cancel the I-485 otherwise you will not give divorce. In the mean time you can file for new H1B as a back up. This year there is no lottery and cap is still not reached. Talk to your employer about this and find out if they are ready to sponsor.
Good Luck.
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varshadas
02-13 09:27 PM
Good to see so many people interested. Will send in the details by EOD Thursday
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akela
03-06 05:06 PM
Thant is indeed a bad figure. Can someone shed more light on this so that we can judge how accurate it is.
Thanks,
akela
My calculations showed there would be total of 170k 485's pending. This is more by 100k.
Something is off
Thanks,
akela
My calculations showed there would be total of 170k 485's pending. This is more by 100k.
Something is off
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gcpadmavyuh
08-10 02:27 PM
That was the question I had too... as I mentioned in my earlier post.
USCIS will not accept H1B extensions applied more than 6 months in advance!
But the fact that USCIS did not reject his application makes me assume that he applied within the time limit.
I think you already know why it was returned from the combined answers and probably resubmitting with some ADDl. Docs will get you going.
But a new doubt came up just now - Why did you apply H1B extension when you had almost 6-7 months of H-Time still left ( you said DEC 07 ) ?? Isn't that a reason why they returned your case after opening on JUL 24th ? Generally we send H1B extension request at most 2-3 month in advance... Not more than that...
:confused:
Any one has a word on this ?????
USCIS will not accept H1B extensions applied more than 6 months in advance!
But the fact that USCIS did not reject his application makes me assume that he applied within the time limit.
I think you already know why it was returned from the combined answers and probably resubmitting with some ADDl. Docs will get you going.
But a new doubt came up just now - Why did you apply H1B extension when you had almost 6-7 months of H-Time still left ( you said DEC 07 ) ?? Isn't that a reason why they returned your case after opening on JUL 24th ? Generally we send H1B extension request at most 2-3 month in advance... Not more than that...
:confused:
Any one has a word on this ?????
more...
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Phogs
06-23 02:42 PM
I went through Tijuana, Mexico for stamping last July '07. I paid like $10 for the online appointment and paid the fee of $130 in mexico. During the interview, i only showed them the approved I129 (H1B 1 yr. Extention) & PP and a little bit of Q & A and that's it. I met a couple of Indian national doing the same thing and we got all approved. Thanks God!:)
PD: nov '04 ROW
I140: 07-2007 pending
I485: 03-2008 pending
FP: 06-2008 Done
EAD & AP: 03-2008 Pending
PD: nov '04 ROW
I140: 07-2007 pending
I485: 03-2008 pending
FP: 06-2008 Done
EAD & AP: 03-2008 Pending
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zen
03-26 10:55 PM
those hoping for immigration reform or for those who thought that Obama would fix broken immi system ..be prepared ... this is what is happening behind the scenes ..for better or worse.
http://online.wsj.com/article/SB123810912615352681.html
I guess the slogan "Hope for the best but be prepared for the worst" comes to mind
-----------
By S. MITRA KALITA
As more Americans lose their jobs, the U.S. government is actively discouraging the recruitment of foreign workers, from dude ranchers and fruit pickers to lifeguards and computer programmers.
At least three avenues of legal immigration have seen roadblocks erected. In the most visible and controversial move, companies receiving federal bailout money now face extra hurdles before they can hire highly skilled guest workers on an H-1B visa. On Friday, the Labor Department will close a public-comment period for a proposal to suspend an agricultural guest-worker program, known as the H-2A.
[U.S. Deters Hiring Foreigners as Jobless Ranks Swell] David Harp/Chesapeake Photos
At J.M. Clayton Seafood in Cambridge, Md., workers, mostly immigrants, pick crab meat from the shell of Chesapeake blue crabs.
The State Department is asking some sponsors of the J-1 visa -- seasonal employers such as hotels, golf resorts and summer camps -- to reduce dependence on foreign labor. "Basically, because of the economic downturn, it will be difficult to place these people in jobs," said State Department spokesman Andy Lainey, confirming that a letter from the agency asked sponsors to make cuts "voluntarily."
With the unemployment rate at 8.1% and approaching double digits, the U.S. finds its longstanding quandary over immigration growing even more difficult. On one hand, fewer Americans have jobs and competition for available work is intensifying. On the other, the Obama administration says it wants to resist moves toward protectionism -- at least in the trade of goods and services -- and will push that view at next week's London summit with the leaders of the Group of 20 nations.
Immigration advocates say it is hypocritical not to apply the same approach to the flow of people.
"You don't abandon regulations because you have one bad year," said Jeanne M. Malitz, an immigration lawyer in San Diego who represents many growers who are trying to plan their harvests but are uncertain of their labor source. They have relied on the H-2A program, which allows guest agriculture workers to stay as long as 10 months. A spokeswoman for the Labor Department said a decision on whether the program will be suspended for nine months will be made in "a couple of months."
http://online.wsj.com/article/SB123810912615352681.html
I guess the slogan "Hope for the best but be prepared for the worst" comes to mind
-----------
By S. MITRA KALITA
As more Americans lose their jobs, the U.S. government is actively discouraging the recruitment of foreign workers, from dude ranchers and fruit pickers to lifeguards and computer programmers.
At least three avenues of legal immigration have seen roadblocks erected. In the most visible and controversial move, companies receiving federal bailout money now face extra hurdles before they can hire highly skilled guest workers on an H-1B visa. On Friday, the Labor Department will close a public-comment period for a proposal to suspend an agricultural guest-worker program, known as the H-2A.
[U.S. Deters Hiring Foreigners as Jobless Ranks Swell] David Harp/Chesapeake Photos
At J.M. Clayton Seafood in Cambridge, Md., workers, mostly immigrants, pick crab meat from the shell of Chesapeake blue crabs.
The State Department is asking some sponsors of the J-1 visa -- seasonal employers such as hotels, golf resorts and summer camps -- to reduce dependence on foreign labor. "Basically, because of the economic downturn, it will be difficult to place these people in jobs," said State Department spokesman Andy Lainey, confirming that a letter from the agency asked sponsors to make cuts "voluntarily."
With the unemployment rate at 8.1% and approaching double digits, the U.S. finds its longstanding quandary over immigration growing even more difficult. On one hand, fewer Americans have jobs and competition for available work is intensifying. On the other, the Obama administration says it wants to resist moves toward protectionism -- at least in the trade of goods and services -- and will push that view at next week's London summit with the leaders of the Group of 20 nations.
Immigration advocates say it is hypocritical not to apply the same approach to the flow of people.
"You don't abandon regulations because you have one bad year," said Jeanne M. Malitz, an immigration lawyer in San Diego who represents many growers who are trying to plan their harvests but are uncertain of their labor source. They have relied on the H-2A program, which allows guest agriculture workers to stay as long as 10 months. A spokeswoman for the Labor Department said a decision on whether the program will be suspended for nine months will be made in "a couple of months."
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rorypirrie
03-03 06:06 PM
I would call USCIS offices. Lots of conflicting advice, rather be safe than sorry. Sorry i don't know the right answer for you.
psnycgirl
10-25 10:37 AM
Our applications were mailed on 7/31 though I am not sure where (whether TSC or NSC - lawyer mailed it). I did get receipt notices from Vermont and also a transfer notice of my I485 being transferred to TSC. Receipt dates are August 1 and Notice dates are October 9. BTW, we do have FP appts. next week. AP and EAD are pending at VSC.
CADude
05-25 12:22 PM
Applied in April 13 2007 EB3.
Receipt# lost in mail so no more details. No one know how to get the SRC# :mad:
Receipt# lost in mail so no more details. No one know how to get the SRC# :mad:
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