lazycis
11-24 04:48 PM
it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
If extension has already been granted, it remains valid until it's expired, revoked by USCIS, revoked by employer or employer goes out of business. However, H1B status is technically lost (similary to the situation when h1b holder leaves the petitioner but petitioner never revokes h1). Even if USCIS does not revoke the extension, it will be investigated during new I-485 processing/H1 transfer or extension.
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
If extension has already been granted, it remains valid until it's expired, revoked by USCIS, revoked by employer or employer goes out of business. However, H1B status is technically lost (similary to the situation when h1b holder leaves the petitioner but petitioner never revokes h1). Even if USCIS does not revoke the extension, it will be investigated during new I-485 processing/H1 transfer or extension.
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ramreddy
12-26 02:36 PM
I am on H1 w/ valid EAD . Got my labor and 140 in 05 and recently renewed by EAD.
There are 2 situations, to my case , though I am not sure how unique or otherwise they are :
-- My Immigration Labor petition promised me some $20K more than what I had made 05-09 period.
Far as I can see, GC Is prospective. This was for a Managerial level position to which I was planning to advance and will probably do so. So the position I am working in now and the prospective GC position as indicated in the labor are different.
- I left my sponsoring company briefly since my US client placed me in UK , where the payroll had to run directly and not through my company .So for 07 there was no W2 and income. 08 there is just income for last 5 months and it was lower that all prev years
-now I want to go back to India in 2010 Jan . and work from there for sometime. There will be no US income .
Right now EB2 is stagnating and never moved up since last 3 months .
I want to know given the above history
-- is there serious possibility of GC reject based on your wise exp
--- can I stay in India and when my category becomes current the gc is mailed back to me in India ?>
PL let me know what my options are .....and the best path
Wish you happy new year
Best
Ram
There are 2 situations, to my case , though I am not sure how unique or otherwise they are :
-- My Immigration Labor petition promised me some $20K more than what I had made 05-09 period.
Far as I can see, GC Is prospective. This was for a Managerial level position to which I was planning to advance and will probably do so. So the position I am working in now and the prospective GC position as indicated in the labor are different.
- I left my sponsoring company briefly since my US client placed me in UK , where the payroll had to run directly and not through my company .So for 07 there was no W2 and income. 08 there is just income for last 5 months and it was lower that all prev years
-now I want to go back to India in 2010 Jan . and work from there for sometime. There will be no US income .
Right now EB2 is stagnating and never moved up since last 3 months .
I want to know given the above history
-- is there serious possibility of GC reject based on your wise exp
--- can I stay in India and when my category becomes current the gc is mailed back to me in India ?>
PL let me know what my options are .....and the best path
Wish you happy new year
Best
Ram
slammer
07-11 06:27 AM
Here's the link
http://mumbai.usconsulate.gov/cut_off_dates.html
No good news for EB 3 WW ?!
Rita
http://mumbai.usconsulate.gov/cut_off_dates.html
No good news for EB 3 WW ?!
Rita
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jonty_11
07-06 05:37 PM
just like they made EB3 other workers number "U" in mid June...why didnt they do the same for all EB categries in July >?????
Why are they still showing CURRENT>
what does the answer to this question mean?
Why are they still showing CURRENT>
what does the answer to this question mean?
more...
rahul98
07-20 04:35 PM
Maybe some has asked this question before...why was this not posted on IV ? It would have helped to have everyone's focus on this rather than the youtube and thank you cards campaign.
Rahul
Rahul
immm
07-19 02:07 PM
Since both A and B were current at the time of AOS approval. Person with earlier RD will take precedence. however if the cut off date were April 2003, person B will get the visa.
Not necessarily. Here is a hypothetical scenario:
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June, 2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
You forgot that there were another 150,000 applications in this example with RD prior to PersonB and it is very likely that many of them could have the PD of April, 2003. Therefore, PersonB will still not get it even though he/she has an older Priority date!!
I think that after this stampede of application filings in June/July/August, USCIS needs to sort them by PD first otherwise people with older priority dates will suffer simply due to the volume of applications filed!!
Not necessarily. Here is a hypothetical scenario:
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June, 2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
You forgot that there were another 150,000 applications in this example with RD prior to PersonB and it is very likely that many of them could have the PD of April, 2003. Therefore, PersonB will still not get it even though he/she has an older Priority date!!
I think that after this stampede of application filings in June/July/August, USCIS needs to sort them by PD first otherwise people with older priority dates will suffer simply due to the volume of applications filed!!
more...
slammer
07-11 06:27 AM
Here's the link
http://mumbai.usconsulate.gov/cut_off_dates.html
No good news for EB 3 WW ?!
Rita
http://mumbai.usconsulate.gov/cut_off_dates.html
No good news for EB 3 WW ?!
Rita
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abstractvision
04-07 04:21 PM
I have faxed my letters...sent 7 by USPS as well to get a hard copy reply. I do not want to discourage this effort, but In my opinion NOTHING will happen with Fax/Email as these are the people who show that they recognize the problem and working the best way they could. No room for improvement.
I do not think lawsuit will work either. Courts are goin to believe all the plans and implementation details and success stories from DOL.
I met 2 members of Congress ( one Ex)and they heard me patiently, appreciated me explaining the problem to them, showed their empathy but no results. One of them I guess was instrumental for the fillibuster the Spector's bill...Great...I do not blame anybody..I realized later that If someone is elected based on conservative ideology and Xenophobic attitude, how is s/he going to help me.
I was impressed by the rallies the illegals aliens have organized. That definitely had major impact as a community asking for their rights. It was covered in all Major /Minor channels and almost all major radio station. It had a major impact in congress hearings. A force to recon with.....
We are all high skilled people who I think,
-do not have time to go out for rally,
-have enough time for suggestions to others in this and other forum(internet is great),
-do not want to participate or donate for a lawsuit,
-always think about divisions among ourselves (01 & 02 Vs 03/04 devide),
-wish to take meanigless positions (stopping PERM..Cursing IV..),
-believe why to move their butt as they have consistent job and not to worry about the time( If it comes early..its a bonus),
-take and reply to opinions personally
-think others will get benefitted too
-wait and watch (Home country is an option too)
-worry about a day leave for rally or meeting
-wait for Visa Bullettin
-discuss Illegals while we are in worst shape than them
I guess if we do not put our acts together, We deserve the situation we are in today.
I suggest, we make city wise list of the suffering people, meet once in 1 or 2 weeks, choose a lead and have leads finalize the date for the rally/ further action.....and show up.
If NOT, then simply show up at Capitol in white dress after Spring recess of Congress.
Unless somebody comes up with any other viable option, I guess Its a wake up call to be answered. Rally from Jefferson to Capitol via 1600 P. Avenue....We donot need 500,000. Even 30 to 50 people with a week notice to all major TV channels will work.
Since, Illegals had such a great rally, Media will definitely pay attention to LEGAL's rally.
Local folks...Congress works until late..Early morning or after work hour is fine. Not sure abt Saturday. If no one is interested..fine..I have got two hands to display at least one banner.
*********************
PD: Aug 2002
State: MD/RIR/EB3
Regional:No
Replied 45 days letter: July '05
I do not think lawsuit will work either. Courts are goin to believe all the plans and implementation details and success stories from DOL.
I met 2 members of Congress ( one Ex)and they heard me patiently, appreciated me explaining the problem to them, showed their empathy but no results. One of them I guess was instrumental for the fillibuster the Spector's bill...Great...I do not blame anybody..I realized later that If someone is elected based on conservative ideology and Xenophobic attitude, how is s/he going to help me.
I was impressed by the rallies the illegals aliens have organized. That definitely had major impact as a community asking for their rights. It was covered in all Major /Minor channels and almost all major radio station. It had a major impact in congress hearings. A force to recon with.....
We are all high skilled people who I think,
-do not have time to go out for rally,
-have enough time for suggestions to others in this and other forum(internet is great),
-do not want to participate or donate for a lawsuit,
-always think about divisions among ourselves (01 & 02 Vs 03/04 devide),
-wish to take meanigless positions (stopping PERM..Cursing IV..),
-believe why to move their butt as they have consistent job and not to worry about the time( If it comes early..its a bonus),
-take and reply to opinions personally
-think others will get benefitted too
-wait and watch (Home country is an option too)
-worry about a day leave for rally or meeting
-wait for Visa Bullettin
-discuss Illegals while we are in worst shape than them
I guess if we do not put our acts together, We deserve the situation we are in today.
I suggest, we make city wise list of the suffering people, meet once in 1 or 2 weeks, choose a lead and have leads finalize the date for the rally/ further action.....and show up.
If NOT, then simply show up at Capitol in white dress after Spring recess of Congress.
Unless somebody comes up with any other viable option, I guess Its a wake up call to be answered. Rally from Jefferson to Capitol via 1600 P. Avenue....We donot need 500,000. Even 30 to 50 people with a week notice to all major TV channels will work.
Since, Illegals had such a great rally, Media will definitely pay attention to LEGAL's rally.
Local folks...Congress works until late..Early morning or after work hour is fine. Not sure abt Saturday. If no one is interested..fine..I have got two hands to display at least one banner.
*********************
PD: Aug 2002
State: MD/RIR/EB3
Regional:No
Replied 45 days letter: July '05
more...
eb3_nepa
03-09 11:59 AM
Ragz,
So basically have they discussed ANYTHING regarding LEGAL immigrants and relief to them? :)
So basically have they discussed ANYTHING regarding LEGAL immigrants and relief to them? :)
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coolmanasip
07-05 10:15 AM
good one.....I have also sent a letter to my state senators....will go to the congressman office
more...
jgh_res
10-01 06:14 AM
First in First out is always the best option. Unfortunately that is not happening. In this scenario you should be happy that lot of people are getting green cards as the number of people in the line before you gets reduced and the visa numbers are not wasted. As some body said "Life is not fair".
The sad part is that some applicants who missed the boat called BEC with PD of around June 2004 on EB3/India got approved in June end/July time frame. I did see this on some forums external to IV.
I think there may be candidates from 2001/2002/2003 who may have applied in June/July 07. But if the rumors of NSC processing RD wise (as seen on some forum posts outside IV), then it is unfair to these people, because there may be others who missed the BEC boat and are ahead of these folks coming out of BEC.
The sad part is that some applicants who missed the boat called BEC with PD of around June 2004 on EB3/India got approved in June end/July time frame. I did see this on some forums external to IV.
I think there may be candidates from 2001/2002/2003 who may have applied in June/July 07. But if the rumors of NSC processing RD wise (as seen on some forum posts outside IV), then it is unfair to these people, because there may be others who missed the BEC boat and are ahead of these folks coming out of BEC.
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Milind123
09-17 02:18 PM
I will be leaving for DC in a couple of hours. Need to pack, get gas tank full, and decide what clothes to iron and ton of other mundane things. Thanks a lot to all those people who participated in this 401K round. If you found these shots, guns and jokes etc. amusing, thank you for your support. If you think it was silly, I appreciate you, for keeping those thoughts private.
So here is my final shot for all the people who contributed for the first time, those who contributed again, to all those who were motivated, to all those who were amused and most of all to the people who are going to DC.
$100 Order Details - Sep 17, 2007 2:20 PM EDT Google Order #348908840140049
I usually don�t share my private life. But just to let you know, I postponed my foot surgery on Friday so I can attend this rally. (First and last time on this thread to send some people on a teeny-weeny guilt trip). People under going heart surgery and people who tend to look at the roof (Ref. My previous post) are excused from this guilt trip.
Still a few shots left to be fired to finish this final round. You all know the reasons for taking those shots.
Adios. See you in DC.
P.S I will remove my signature after all the shots are fired.
So here is my final shot for all the people who contributed for the first time, those who contributed again, to all those who were motivated, to all those who were amused and most of all to the people who are going to DC.
$100 Order Details - Sep 17, 2007 2:20 PM EDT Google Order #348908840140049
I usually don�t share my private life. But just to let you know, I postponed my foot surgery on Friday so I can attend this rally. (First and last time on this thread to send some people on a teeny-weeny guilt trip). People under going heart surgery and people who tend to look at the roof (Ref. My previous post) are excused from this guilt trip.
Still a few shots left to be fired to finish this final round. You all know the reasons for taking those shots.
Adios. See you in DC.
P.S I will remove my signature after all the shots are fired.
more...
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mjdup
01-02 11:51 AM
That's very impressive yabadaba, you have excellent writing skills !
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greencard_fever
03-07 02:24 PM
Based on the prior trend i predict the EB2-I will move to where the EB2-C is now i.e Feb-2005.:D
more...
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r_mistry
01-08 11:18 AM
Hi All,
I just contacted the USCIS customer service regarding my pending AP application filed at NSC on July 24th, 2007. The customer service rep did not provide any useful information other than the usual "case received and pending".
However he did open a service request (SR) for me and advised me that IO will get back to me on the status of my AP application within 30 days and why its getting too long to adjudicate my AP application.
Do any of you have any experience what will happen from now on? Do they really respond within 30 days???
Below is my filing info
Filed I-485/EAD/AP - July 24th, 2007 - NSC
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
I just contacted the USCIS customer service regarding my pending AP application filed at NSC on July 24th, 2007. The customer service rep did not provide any useful information other than the usual "case received and pending".
However he did open a service request (SR) for me and advised me that IO will get back to me on the status of my AP application within 30 days and why its getting too long to adjudicate my AP application.
Do any of you have any experience what will happen from now on? Do they really respond within 30 days???
Below is my filing info
Filed I-485/EAD/AP - July 24th, 2007 - NSC
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
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crazyghoda
03-02 11:46 AM
... its just an acknowledgement of reality as it stands today.
Of late I have started reading forums at R2ICLUB - R2ICLUB - Articles Front Page (http://www.r2iclubforums.com/) to get an idea of what it would take to go back to India. My last trip home was quite an eyeopener. Bombay has really improved a lot from what I saw last year and that much progress in a year was quite simply - amazing. I am guessing other metros in India (Delhi, B'lore, Hyd) are moving even faster since they dont have the typical politics that plagues Maharashtra.
Am I going to pack my bags and move tomorrow? Definitely not. But I'll definitely throw feelers out and see what kind of position I can get back home.
Good luck to all - whether you stay here or decide to go back or move to Canada or UK or EU or ....
Of late I have started reading forums at R2ICLUB - R2ICLUB - Articles Front Page (http://www.r2iclubforums.com/) to get an idea of what it would take to go back to India. My last trip home was quite an eyeopener. Bombay has really improved a lot from what I saw last year and that much progress in a year was quite simply - amazing. I am guessing other metros in India (Delhi, B'lore, Hyd) are moving even faster since they dont have the typical politics that plagues Maharashtra.
Am I going to pack my bags and move tomorrow? Definitely not. But I'll definitely throw feelers out and see what kind of position I can get back home.
Good luck to all - whether you stay here or decide to go back or move to Canada or UK or EU or ....
more...
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gcwatchdog
11-06 01:05 PM
so If I don't work parttime but I want to start a LLC to hire some people and want to maintain my H1.........Is it possible ??????????
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LegallyGC
08-12 01:09 PM
I dont think this will change anything ...
1. Infy/TCs and all biggies will shift more jobs to India and other contries or hire people on contract from smaller desi consultants who have less than 50 guys.
2. Desi consulting companies here with more than 50 employees will split them selves into 2 or 3 companies of less than 50 employees and avoid the 2000$ extra fee...
3. 600M will never to till the border and those illegals keep coming.
4. Indian americans leaders (if they read the news about this law) will curse saying "how bad things are now compared to how it was when they came here" and then keep voting democrats....
5. We as immigrant community will talk a lot about this in our forums and curse Senators, Democrats, infy and many others till next month's VISA bulletin and then forget this ever hapened.
6. This thread will have a lot of posts and then slowly phase out...
Unless we decide to educate senators, congressmen, indian americans what are the side affects of this....
1. Infy/TCs and all biggies will shift more jobs to India and other contries or hire people on contract from smaller desi consultants who have less than 50 guys.
2. Desi consulting companies here with more than 50 employees will split them selves into 2 or 3 companies of less than 50 employees and avoid the 2000$ extra fee...
3. 600M will never to till the border and those illegals keep coming.
4. Indian americans leaders (if they read the news about this law) will curse saying "how bad things are now compared to how it was when they came here" and then keep voting democrats....
5. We as immigrant community will talk a lot about this in our forums and curse Senators, Democrats, infy and many others till next month's VISA bulletin and then forget this ever hapened.
6. This thread will have a lot of posts and then slowly phase out...
Unless we decide to educate senators, congressmen, indian americans what are the side affects of this....
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pani_6
08-13 06:35 PM
New Action Item for EB-3
chanduv23
11-17 05:16 PM
Update: Googling and found the muthy forums thread what I was mentioned earlier.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3031070961
some ppl reported succssfully renewed EAD, AP while appeal to 485 denial was pending.
Desi we definitely need to get clarification on this. Can you post a message with interpretations from differnet lawyers? Maybe we can get more people to ask their lawyers like Fragomen, Shusterman, Siskind ..... we will then match.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3031070961
some ppl reported succssfully renewed EAD, AP while appeal to 485 denial was pending.
Desi we definitely need to get clarification on this. Can you post a message with interpretations from differnet lawyers? Maybe we can get more people to ask their lawyers like Fragomen, Shusterman, Siskind ..... we will then match.
kaarmaa
12-15 12:48 PM
Why not think about other options like stage rallies, talk to national news channels, flood congressmen offices?
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