vallabhu
04-09 11:45 AM
Hi rbashir,
Did you apply for H1 extension and can you update us with the result.
Did you apply for H1 extension and can you update us with the result.
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NANO3
04-30 04:28 PM
thanks, appreciate the comments :party:
nuke
08-22 10:02 AM
USCIS has been saying that they control the flow of visa numbers because they are expecting huge rush of 245i cases. But is there any law or clause which says that they have to work in sync with DOL. I think what the law says is that they should approve the received cases accroding to priority dates and don't have to collaborate with any other department or agency. What makes USCIS so sure that all the cases at DOL will be certified and eventually come to 485 stage. If they are so sure that all of these cases will be certified then why do we even need labour certification process. I think we should lobby the USCIS to release a quarter of yearly quota every 3 months and concentrate on already filed cases and not on whats expected.
Secondly we should try to find out if all the alloted visas in this year were used up or not. Another doubt I have is, when is a visa number used when USCIS starts working on a case or when a case is approved. If its used up when a case is approved then what happens to the visa numbers which are released in the last month of the year, Are all of those cases approved in one month?
Secondly we should try to find out if all the alloted visas in this year were used up or not. Another doubt I have is, when is a visa number used when USCIS starts working on a case or when a case is approved. If its used up when a case is approved then what happens to the visa numbers which are released in the last month of the year, Are all of those cases approved in one month?
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NYImmigrant
12-10 02:36 PM
Instead of posting messages on any thread, please only focus on calling lawmakers. Do not distract the forum and yourself by posting messages on any other threads. I request members not to respond to any other threads. Now lets get back to work!!
Janak... only if you know your facts before calling, you will be able to make a point. It's not only about calling and bugging the lawmakers. Through conversations we can come up with ideas...
Take it easy. Good luck with your immigration application
Janak... only if you know your facts before calling, you will be able to make a point. It's not only about calling and bugging the lawmakers. Through conversations we can come up with ideas...
Take it easy. Good luck with your immigration application
more...
adhantari
08-13 03:34 PM
people?
prav27
01-20 01:01 AM
Hi,
In DS-156 form there is an item 36 which says "Has anyone ever filed an immigration visa petition on your behalf",
What should be entered for H4 visa holder whose 485 has been filed.
And if we have to say "Yes" to this question , then whose name should be mentioned in "If Yes ,Who?", should it be the spouse name or the spouse company name ?
Thanks
In DS-156 form there is an item 36 which says "Has anyone ever filed an immigration visa petition on your behalf",
What should be entered for H4 visa holder whose 485 has been filed.
And if we have to say "Yes" to this question , then whose name should be mentioned in "If Yes ,Who?", should it be the spouse name or the spouse company name ?
Thanks
more...
pcsim6770
12-20 07:27 AM
thank you so much for the reassurance, have been getting mixed reports of immigration officers denying re-entry, so am a little perturbed :) dont want to be stuck in a situation where i cannot re-enter :)
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go_guy123
02-18 04:18 PM
Canada has been using this for skilled worker program, where individuals can apply for Canadian permanent residency independently if they fullfill the passmark. Other countries like Australia, UK and New Zealand also follow suit with different types of difficulties.
How about US? Would US adopt this?
G.
Point system can be adopted but either way it has to be strict so that
the eligible people are lesser, like giving points for work exp in US etc(onL1
or H1b).
Aust system is also pretty strict and only people who are working/studying in Aust can qualify.
Any system that delinks the employer - GC sponsering system will reduuce the problems to some extent. but retrogression will be there if
too many people apply.
How about US? Would US adopt this?
G.
Point system can be adopted but either way it has to be strict so that
the eligible people are lesser, like giving points for work exp in US etc(onL1
or H1b).
Aust system is also pretty strict and only people who are working/studying in Aust can qualify.
Any system that delinks the employer - GC sponsering system will reduuce the problems to some extent. but retrogression will be there if
too many people apply.
more...
DSP
09-19 12:46 PM
Hi All,
Please help me on this. Here is the situation:
1. Company A First time H1B - Oct 1, 2004
2. Company B transfer - Jan 22, 2006
3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.
My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?
Please advise and pardon me for my ignorance on this.
Thanks in advance,
DSP
Please help me on this. Here is the situation:
1. Company A First time H1B - Oct 1, 2004
2. Company B transfer - Jan 22, 2006
3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.
My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?
Please advise and pardon me for my ignorance on this.
Thanks in advance,
DSP
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imhrb
01-06 07:24 PM
I have called them many times and did everything possible.
more...
indianabacklog
03-22 11:22 PM
Hello everybody ! I am 22 years old. My parents had applied for GC under the employment based category. I, unfortunately, aged out before my parents applied I-140 because of the stupid backlogs. So I aged out even before an I-140 was filed. I was reading the Child protection act info and could not understand if I will be "automatically classified to the appropriate category" for GC which is Family 2B and retain my "original PD." Does this apply to me as I had not even filed I-140 when I aged out ? My parent's PD is Oct 2000 so does this mean I am under Family 2B with Oct 2000 PD ?? Please help me out. I am sure many of you with sons/daughters that are in a similar situation. Thanks
My son also aged out before my I140 was filed. I was told that he would not be able to keep the same priority date and it would be fixed by the date when I could apply for his family based application. So, if I were to file an I130 next week his priority date would be March 2008.
In order for the priority date to be fixed at the point when labor certification was applied for the I140 would have to be submitted before his 21st birthday and be approved within a time period that could be deducted from his age at time of approval, making him under 21 at that time.
The child status protection act is pretty useless to children in your position or my son's since the big delay occurred in the labor cert stage.
If however, you can find a different interpretation of this situation feel free to send me a personal message and I will follow through as well.
There are a number of members in IV whose children aged out so while this is not a prevalent subject matter it is one that affects more people than you might realize.
My son also aged out before my I140 was filed. I was told that he would not be able to keep the same priority date and it would be fixed by the date when I could apply for his family based application. So, if I were to file an I130 next week his priority date would be March 2008.
In order for the priority date to be fixed at the point when labor certification was applied for the I140 would have to be submitted before his 21st birthday and be approved within a time period that could be deducted from his age at time of approval, making him under 21 at that time.
The child status protection act is pretty useless to children in your position or my son's since the big delay occurred in the labor cert stage.
If however, you can find a different interpretation of this situation feel free to send me a personal message and I will follow through as well.
There are a number of members in IV whose children aged out so while this is not a prevalent subject matter it is one that affects more people than you might realize.
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us_employee
06-15 10:43 PM
Thanks Elaine for the quick reply. He worked for a non-profit organisation earlier so either way he'll be cap subject. He might need to come here on B1 and would it possible to convert from B1 to H1 after coming to US or will he need to go back to INDIA and appy for H1 visa at the consulate. One benefit of converting in US would be to find the right employer given the economic conditions.
Does his previous stay on F1 & H1 help anyway that he has fair intentions to work here legally while requesting from B1 to H1 or is it recommended to do so while in US and apply for H1 from home country only.
Thanks in advance.
Does his previous stay on F1 & H1 help anyway that he has fair intentions to work here legally while requesting from B1 to H1 or is it recommended to do so while in US and apply for H1 from home country only.
Thanks in advance.
more...
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pvpb
10-18 11:29 AM
My case was filed at NSC on august 3rd...transferred to VSC and the 485 was transferred to TSC evn though my 140 is fro NSC...donno the logic behind it though
Hi
I m starting a new thread for people whose 485 packets sent to VSC for receipting and returned back to TSC for 485 adjudication
EB3
PD 10/04
RD 08/03
ND 10/12
I-140 filed @ TSC, I-485 sent to TSC. Checks cashed from VSC and I-485 returned back to TSC
I-765, I-131, FP are pending.
Hi
I m starting a new thread for people whose 485 packets sent to VSC for receipting and returned back to TSC for 485 adjudication
EB3
PD 10/04
RD 08/03
ND 10/12
I-140 filed @ TSC, I-485 sent to TSC. Checks cashed from VSC and I-485 returned back to TSC
I-765, I-131, FP are pending.
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upuaut8
08-15 03:38 AM
It's easy, I've been doing it all week long.
Choose to export. When you do it comes up with a menu which lets you choose wireframe export. Also it allows you to choose which type of fills you want to use, as well as options for either the complete wireframe, or just the edges.
I'll be posting my first example of interesting uses for this effect, tomarrow some time.
Choose to export. When you do it comes up with a menu which lets you choose wireframe export. Also it allows you to choose which type of fills you want to use, as well as options for either the complete wireframe, or just the edges.
I'll be posting my first example of interesting uses for this effect, tomarrow some time.
more...
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Blog Feeds
08-12 09:50 AM
There is not a dull moment this summer for us immigration lawyers, all thanks to good old USCIS. On 8/6/09 USCIS announced that it has reopened the fiscal year 2009 H-2B petition filing period and will immediately accept petitions. This is after closing the cap in January this year.
How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.
But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.
These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.
Read the press release from USCIS here Download file (http://www.visalawyerblog.com/uscis%202009.pdf)
More... (http://www.visalawyerblog.com/2009/08/h2b_visas_uscis_announces_reop.html)
How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.
But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.
These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.
Read the press release from USCIS here Download file (http://www.visalawyerblog.com/uscis%202009.pdf)
More... (http://www.visalawyerblog.com/2009/08/h2b_visas_uscis_announces_reop.html)
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Raj Iyer
09-23 04:10 PM
Interesting- Never done a FOIA request for just an approval.
I might try filing an I-824 seeking a duplicate approval notice.
I might try filing an I-824 seeking a duplicate approval notice.
more...
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gc_chahiye
02-08 01:09 PM
This is wrong. If you go out of USA and come back after a gap of 1 year, then only u will get full 6 years. Other wise whatever your status is ( as L1, B1 etc ) that will count into H1 period
As far as I know B1 wont count against H1 time, though L1 will.
L2 and H4 used to count, but they were decoupled at the end of 2006, and time spent in those status dont count against your H1.
As far as I know B1 wont count against H1 time, though L1 will.
L2 and H4 used to count, but they were decoupled at the end of 2006, and time spent in those status dont count against your H1.
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raysaikat
01-14 12:01 AM
Hi ,
I'm looking for university professor/asst professor/lecturer job whereby university can sponsor h1b.If anybody can point me to universities which sponsor h1b in/near bay area ,it would be great. the local community colleges does not seem to sponsor h1b.
Thanks a lot,
Tarun
Faculty positions that require a minimum qualification of Ph.D. would sponsor H1-B.
I am curious; what is your qualification? Folks who have a serious shot at a faculty position normally do not bother about asking questions about H1-B; that's the least of the hurdles of getting a faculty position.
I'm looking for university professor/asst professor/lecturer job whereby university can sponsor h1b.If anybody can point me to universities which sponsor h1b in/near bay area ,it would be great. the local community colleges does not seem to sponsor h1b.
Thanks a lot,
Tarun
Faculty positions that require a minimum qualification of Ph.D. would sponsor H1-B.
I am curious; what is your qualification? Folks who have a serious shot at a faculty position normally do not bother about asking questions about H1-B; that's the least of the hurdles of getting a faculty position.
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rosy
10-18 12:17 PM
Hi,
I am on H1B since June 2004. My company filed labor and I-140. My I-140 got approved on Oct 2008. I am on my 6th year in H1B and I got my H1 extension till Apr 2012 (based on the I-140 approval) recently. Based on this information, can you please reply for the following?
a) Can I move to a different company now? Since my H1 extension is based on I-140 approval, I am not sure if this can be used to transfer to new company.
b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?
Thanks in advance...
I am on H1B since June 2004. My company filed labor and I-140. My I-140 got approved on Oct 2008. I am on my 6th year in H1B and I got my H1 extension till Apr 2012 (based on the I-140 approval) recently. Based on this information, can you please reply for the following?
a) Can I move to a different company now? Since my H1 extension is based on I-140 approval, I am not sure if this can be used to transfer to new company.
b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?
Thanks in advance...
wandmaker
02-25 04:08 PM
Hi,
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
You can apply for change of status (COS) from H4 to H1 at any time of the year, if your employer is cap exempt (non-profit) and you have not completed 6 years of maximum stay on H1B/L1. You will not be counted again in cap, so you can return to for-profit employer at any time provided you have not completed 6 years of maximum stay in H1/L1. In order to stay on H1 beyond 6 years, you need to have a labor pending for more than 365 days or 140 approved.
Hope this helps and please fill your profile
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
You can apply for change of status (COS) from H4 to H1 at any time of the year, if your employer is cap exempt (non-profit) and you have not completed 6 years of maximum stay on H1B/L1. You will not be counted again in cap, so you can return to for-profit employer at any time provided you have not completed 6 years of maximum stay in H1/L1. In order to stay on H1 beyond 6 years, you need to have a labor pending for more than 365 days or 140 approved.
Hope this helps and please fill your profile
ascetic
04-28 01:17 PM
On the lighter side,
"Superman renounces his U.S. citizenship in Action Comics‘ record-breaking 900th issue. But that’s not all the benevolent alien refugee does..."
Superman Defies God, USA in Action Comics’ Landmark 900th Issue | Underwire | Wired.com (http://www.wired.com/underwire/2011/04/action-comics-900/)
and
http://www.alipac.us/article6267.html
"Superman renounces his U.S. citizenship in Action Comics‘ record-breaking 900th issue. But that’s not all the benevolent alien refugee does..."
Superman Defies God, USA in Action Comics’ Landmark 900th Issue | Underwire | Wired.com (http://www.wired.com/underwire/2011/04/action-comics-900/)
and
http://www.alipac.us/article6267.html
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