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veni001
11-05 09:27 AM
That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.
You need to consider two scenarios here...
First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.
In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)
Second: Approved I-140 revoked by USCIS due to Fraud
In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.
Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.
If the PERM labor expires then you can not use that to get 1 year extension
If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p
Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.
You need to consider two scenarios here...
First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.
In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)
Second: Approved I-140 revoked by USCIS due to Fraud
In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.
Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.
If the PERM labor expires then you can not use that to get 1 year extension
If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p
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va_dude
01-29 10:21 AM
I'm a bit confused too.
You guys have PDs in late 2004 for EB3 India and your 485 was already looked at?
Are you guys also Jul/Aug 2007 filers?
-va_dude
You guys have PDs in late 2004 for EB3 India and your 485 was already looked at?
Are you guys also Jul/Aug 2007 filers?
-va_dude
ak_2006
04-30 02:59 PM
Comprehensive Immigration Reform in 2009, Can We Do It and How?� is live now.
Here is link. Will some body hear it and post the updates?
http://judiciary.senate.gov/hearings/hearing.cfm?id=3793
Thanks in advance.
Here is link. Will some body hear it and post the updates?
http://judiciary.senate.gov/hearings/hearing.cfm?id=3793
Thanks in advance.
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raysaikat
07-10 08:50 PM
Hello,
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
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atul555
03-20 07:03 PM
u got ur response from wandmaker..so long, we WON'T miss you.
I joined this forum a while back since it seems like a good place to exchange experience with people in the same boat as us. I got repulsed with IV very fast, and this person above very effectively presents the reason why.
There are just too many smug mother&*#$# like the eb3retro guy above, who chase the newcomers with their gloomy personality right out of IV. Though the situation we are facing is very bleak and gloomy, but why does so many of IVers around here wear it on their sleeves. All garfield asked was a valid question and more like advise and in jumped eb3retro with a lecture on his profile with a tinge of sarcasm to vent his weeklong frustration.
With a movement like IV is trying to be, how is it ever going to be sussessful if there are unwelcoming smug people like eb3retro,. They contribute $20 and then they feel they own the joint, and have to find and boss around someone who doesn't dot their i's and cross their t's to feel better about themselves.
In the vein of openness that the eb3retro is asking garfield to post his details, let's take this a step further and post the picture and names also alongwith other details, to put a smug face with smug messages.
Peace out.
Atul
I joined this forum a while back since it seems like a good place to exchange experience with people in the same boat as us. I got repulsed with IV very fast, and this person above very effectively presents the reason why.
There are just too many smug mother&*#$# like the eb3retro guy above, who chase the newcomers with their gloomy personality right out of IV. Though the situation we are facing is very bleak and gloomy, but why does so many of IVers around here wear it on their sleeves. All garfield asked was a valid question and more like advise and in jumped eb3retro with a lecture on his profile with a tinge of sarcasm to vent his weeklong frustration.
With a movement like IV is trying to be, how is it ever going to be sussessful if there are unwelcoming smug people like eb3retro,. They contribute $20 and then they feel they own the joint, and have to find and boss around someone who doesn't dot their i's and cross their t's to feel better about themselves.
In the vein of openness that the eb3retro is asking garfield to post his details, let's take this a step further and post the picture and names also alongwith other details, to put a smug face with smug messages.
Peace out.
Atul
rsirpal
03-25 11:16 AM
Ported EB3 to EB2 India Green Card Approved on wife's birthday :D
EB3 India GC PD 03/27/2003 :o
Labour approved : 08/01/2003 :)
I140 & I485 applied concurrently on 08/16/2003 in NSC :)
I140 denied due to education on 05/20/2004 :mad:
Applied MTR and I140 approved on 07/24/2004 :)
No count od EAD's & AP's applied :confused:
Switched job using EAD on 02/15/2005 :cool:
Remained on EAD status since than :eek:
Applied EB2 Labour on 08/15/2010 (started Porting process to EB2) in TSC :p
Labour approved on 12/12/2010 :o
Applied Premium I-140 01/15/2011 (Paid extra $1200 for that) in TSC :)
Eb2 I-140 approved on 02/08/2011 :o
Notification for approved I-140 sent on 03/06/2011 ;)
Lawyer notified NSC of pending I-485 on 03/08/2011 :rolleyes:
Recieved approval email on 03/24/2011 :D
I strongly recomend all EB3 folks who are retrogressed for more than a year to port over to EB2 if possible. Do not waste your time trying to pass some bill in favour of legal immigration etc. It will not happen. The money spent on porting is worth it . The wait is not worth the stress, tension etc.
EB3 India GC PD 03/27/2003 :o
Labour approved : 08/01/2003 :)
I140 & I485 applied concurrently on 08/16/2003 in NSC :)
I140 denied due to education on 05/20/2004 :mad:
Applied MTR and I140 approved on 07/24/2004 :)
No count od EAD's & AP's applied :confused:
Switched job using EAD on 02/15/2005 :cool:
Remained on EAD status since than :eek:
Applied EB2 Labour on 08/15/2010 (started Porting process to EB2) in TSC :p
Labour approved on 12/12/2010 :o
Applied Premium I-140 01/15/2011 (Paid extra $1200 for that) in TSC :)
Eb2 I-140 approved on 02/08/2011 :o
Notification for approved I-140 sent on 03/06/2011 ;)
Lawyer notified NSC of pending I-485 on 03/08/2011 :rolleyes:
Recieved approval email on 03/24/2011 :D
I strongly recomend all EB3 folks who are retrogressed for more than a year to port over to EB2 if possible. Do not waste your time trying to pass some bill in favour of legal immigration etc. It will not happen. The money spent on porting is worth it . The wait is not worth the stress, tension etc.
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veni001
01-21 12:44 PM
The country quota extends to all the nations and is not specific to few countries (India, China....) UK, Germany, France have country limits too, its just that their countries are not oversubscribed like India, China...
Country quota has no place in employment based green card system. The skill set that I have and that my employer seeks has nothing to do with the country that I was born in!
Congress got country limits into immigration b'se they want to limit # of people immigrate from single country, but the AC1 gave spillover provisions.
:o
Country quota has no place in employment based green card system. The skill set that I have and that my employer seeks has nothing to do with the country that I was born in!
Congress got country limits into immigration b'se they want to limit # of people immigrate from single country, but the AC1 gave spillover provisions.
:o
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vin13
01-07 02:20 PM
Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.
If you just need the procedure and no discussion then why not call the unemployment office in your local area and find out yourself.
If you just need the procedure and no discussion then why not call the unemployment office in your local area and find out yourself.
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veni001
11-05 06:55 AM
Can employer revoke 140?? It is not a visa. Ofcourse they will have to revoke an H1b, however, what is the argument that you have that indicates that employer should revoke 140?
140 once approved belongs to the employee and can be revoked only if some fraud has been commited or rather some serious mistake. Otherwise all the employer is supposed to do is to abandon the process further or inother words they will not continue to the next stage (485) if PD were to become current.
This is what I get from watching several discussions on various forums. If you have other information please post.
Employer can withdraw/revoke/notify USCUS he is no longer sponsor for that particular employee for the position, similar to H1B. You better check with good immigration attorney.
140 once approved belongs to the employee and can be revoked only if some fraud has been commited or rather some serious mistake. Otherwise all the employer is supposed to do is to abandon the process further or inother words they will not continue to the next stage (485) if PD were to become current.
This is what I get from watching several discussions on various forums. If you have other information please post.
Employer can withdraw/revoke/notify USCUS he is no longer sponsor for that particular employee for the position, similar to H1B. You better check with good immigration attorney.
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BECsufferer
08-20 07:10 PM
Unfortunatly none so-far. The only thing I got in email is " your case is yet to be reviewed by an officer"
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ss1026
07-29 11:31 AM
I am an EB-3 I with a 2005 PD on my 10th year on H-1B. I have a standing offer from a different company who are willing for file for a new GC in EB-2. I requested their HR to file my GC before I join their firm as I want to stay on my current project till the end of the year and they are ok with it but want to see some website/links stating that it is allowed and legal. I personally know that is allowed but had not much luck finding a good website noting this.
Could anyone paste a link or point to a good website that has this clearly stated. Thanks
Could anyone paste a link or point to a good website that has this clearly stated. Thanks
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GC08
11-04 10:43 AM
This is weird. I thought a lot of people have got EAD but did not get AP. Of course some people have got both. Can anyone shed some light on how they approve AP? In what order? I believe quite some people have travel plan during the coming months.
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masterfender
04-26 09:27 PM
Hi guys,
Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.
Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.
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riva2005
05-21 06:01 PM
But what if some amendment convert 90K to 190K ? Will IV support the bill then? I think the entire bill is not that bad we can swing it into our favor by changing few details :)
Yes, I guess they have to then. If your problems are taken care of, then you would support the bill. Wouldnt you?
If you remember last year...Sen. Cornyn was opposed to S 2611 before it was dabated. And he was opposed to it even after amendments and debate were over. He voted against S. 2611. However, he still put SKIL amendments even though he was against the bill before he inserted his amendment and after.
Like I said, if you cannot take a position, how can you even justify reason for amendments? The very reason to offer amendments is disagreement with the current form. If you support this bill, you might as well say "Thanks for sticking it to us and giving away GCs to Y visa holders and untested merits system at our expense. We love to get screwed and we support this bill".
Its not like that the powers to be would take it as an offence and block our amendments. This is the US senate. Not a bunch of prickly teenagers. You can work together with people even if you fundamentally disagree with them.
Yes, I guess they have to then. If your problems are taken care of, then you would support the bill. Wouldnt you?
If you remember last year...Sen. Cornyn was opposed to S 2611 before it was dabated. And he was opposed to it even after amendments and debate were over. He voted against S. 2611. However, he still put SKIL amendments even though he was against the bill before he inserted his amendment and after.
Like I said, if you cannot take a position, how can you even justify reason for amendments? The very reason to offer amendments is disagreement with the current form. If you support this bill, you might as well say "Thanks for sticking it to us and giving away GCs to Y visa holders and untested merits system at our expense. We love to get screwed and we support this bill".
Its not like that the powers to be would take it as an offence and block our amendments. This is the US senate. Not a bunch of prickly teenagers. You can work together with people even if you fundamentally disagree with them.
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dpp
08-18 04:40 PM
Speculation is always part of one's life. We want to know our future options, that's why we speculate. Some speculations are deduction from facts and some are just inference. We cannot avoid speculating. What we can do is trying to know which speculation is nearer to the truth and which ones are not.
Ok. keep speculating... enjoy with that.
Ok. keep speculating... enjoy with that.
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gc_chahiye
09-20 05:55 PM
The best thing for them to do or what they should have done is after 140 approval, they should accept 485 and process and keep it ready for date to become current. When current , they should mail the GC that month.
I dont understand the reason of why they want to accept when current only ?
because the law says so:
From the Immigration and Nationality Act's Section 245(a):
(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
This was also brought up at the time of the July bulletin reversal and in the past was one of teh things that IV was hoping to get changed through legislation.
I dont understand the reason of why they want to accept when current only ?
because the law says so:
From the Immigration and Nationality Act's Section 245(a):
(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
This was also brought up at the time of the July bulletin reversal and in the past was one of teh things that IV was hoping to get changed through legislation.
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srt57
02-14 02:08 PM
My PERM LC got approved recently(two weeks back). In my case its MS+0 years. My attorney says this will qualify for EB2. MY job title is Computer Software Engineer.
Which center did you file PERM with and how long did it take to process? Any audits or business necessity documentation required?
Which center did you file PERM with and how long did it take to process? Any audits or business necessity documentation required?
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natrajs
09-03 10:09 PM
My Fall classes are starting on Sep 8th, after that I am planning to meet International Student Association people. If the event is planned on eve then I will be able to attend
Let me know
Let me know
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broadcaster
11-08 03:42 PM
On July 27, I sent my I-485/I-765 to the TSC. Case was delivered on July 31. I have no receipts, my checks have not been cashed. I called NCS, they asked me to wait two more weeks.
JazzByTheBay
08-01 08:36 PM
It would probably be OK... but as you've rightly guessed, and given the fact that USCIS hasn't really outlined any plans to demonstrate how the extra money will be spent and whether it will guarantee better and faster service measured by a dramatic reduction in processing times, this money is probably going towards enforcement.
It's probably DHS getting the money (not USCIS directly - the checks I wrote were for DHS, iirc).
jazz
I guess people are willing to shell out few extra hundreds as long as it expedites the process. Anyway thousands are being spent on attorney's instead if all this money goes to USCIS, atelast things gets done faster. Ofcourse the string attached to this is that the money should be spent for improving process rather than fattening the pockets of few. I am also told that most of the fee money goes towards the Border security ( May be taking money from legal applicants to curb illegals)
It's probably DHS getting the money (not USCIS directly - the checks I wrote were for DHS, iirc).
jazz
I guess people are willing to shell out few extra hundreds as long as it expedites the process. Anyway thousands are being spent on attorney's instead if all this money goes to USCIS, atelast things gets done faster. Ofcourse the string attached to this is that the money should be spent for improving process rather than fattening the pockets of few. I am also told that most of the fee money goes towards the Border security ( May be taking money from legal applicants to curb illegals)
GTGC
03-16 10:36 PM
I am sorry to hear that they lost your papers. The same thing happened to me when we were filing our 485 papers in '05. This was just before the EB -2 retrogression....we had to mail in all papers including medicals before sept 30th.
My lawyer sent all the papers but USCIS had a huge volume of applications come in before the pending retrogression and they lost my papers. We had the delivery confirmation, but they wouldnt accept the 485 papers, they only accepted the I-140 papers and I had to wait until the July fiasco to apply for AOS.
I would suggest that you fight and get them to accept the papers, in hindsight I feel I should've fought a little harder and pushed my attornies a little more to get justice. Oh well hindsight is always 20-20!
Goodluck!
My lawyer sent all the papers but USCIS had a huge volume of applications come in before the pending retrogression and they lost my papers. We had the delivery confirmation, but they wouldnt accept the 485 papers, they only accepted the I-140 papers and I had to wait until the July fiasco to apply for AOS.
I would suggest that you fight and get them to accept the papers, in hindsight I feel I should've fought a little harder and pushed my attornies a little more to get justice. Oh well hindsight is always 20-20!
Goodluck!
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