Appu
10-05 06:00 PM
Could you all please give me an opinion on this situation? I am trying to ask my lawyer, but I won't know for a few days and this is disturbing me a lot!
I am on H1, 7th year extension. My Labor just got approved. About to file 140. Now my project has apparently lost funding and the employer is offering me a temp job for 6 months till my 140 gets approved so I can use the approved 140 and move. But the catch is the new job requires a new H1 - different job description and pay. Will this affect my 140 filed with the old H1?
I am on H1, 7th year extension. My Labor just got approved. About to file 140. Now my project has apparently lost funding and the employer is offering me a temp job for 6 months till my 140 gets approved so I can use the approved 140 and move. But the catch is the new job requires a new H1 - different job description and pay. Will this affect my 140 filed with the old H1?
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babu123
03-31 10:41 PM
Thanks for the information.
Can we file I-130 and I-485 concurrently in this category now or I need to wait until my priority date is current to file I-485 in this category?
Appreciate your thoughts in this.
Can we file I-130 and I-485 concurrently in this category now or I need to wait until my priority date is current to file I-485 in this category?
Appreciate your thoughts in this.
rb_248
09-11 03:18 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4357.html
E. EMPLOYMENT VISA AVAILABILITY
Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the �unavailability� of all Employment Third preference categories beginning in July, 2) the �unavailability� of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.
Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.
E. EMPLOYMENT VISA AVAILABILITY
Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the �unavailability� of all Employment Third preference categories beginning in July, 2) the �unavailability� of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.
Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.
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SGP
12-16 06:08 AM
Anyone heard of this? Some people can individually claim greencards for extraordinary circumstances. I wonder if our force of numbers waiting extraordinarily long might enable a private bill to succeed. Here is a news item:
Rare immigration bills pass Congress (http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/12/15/national/a161850S17.DTL)
Sounds Interesting.
__________________________________________________ ______________________
If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.
Rare immigration bills pass Congress (http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/12/15/national/a161850S17.DTL)
Sounds Interesting.
__________________________________________________ ______________________
If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.
more...
apatel_17
03-28 08:37 AM
Since Senate passed the CIR bill last year, is it necessary for the Senate to pass a bill again this year?
If the House manages to pass CIR this year, wouldn't a committee (Senate & House members) meet and chalk of the difference and come to a common ground?
Pending legislation from last year were part of a different congress (house+senate), and all bills from last congress, that failed to become law, expired at the beginning of this year when a new Congress took charge. That's why CIR is being re-introduced in both the house and senate.
If the House manages to pass CIR this year, wouldn't a committee (Senate & House members) meet and chalk of the difference and come to a common ground?
Pending legislation from last year were part of a different congress (house+senate), and all bills from last congress, that failed to become law, expired at the beginning of this year when a new Congress took charge. That's why CIR is being re-introduced in both the house and senate.
pdt
06-14 04:42 PM
Both NIW and Eb-1a are DIY, so I do not have a lawyer to ask. It would be appreciated if you can share the response from your lawyer.
I am also thinking about interfiling, but it is said that both 140 have to be approved for interfiling of 485. How long does it take for interfiling? someone said it takes a long time. not sure if it is right.
I am in similar boat. What does your lawyer say? I am waiting for my lawyer response. How about option on interfiling NIW 140 with the pending I-485. That is do not file new I-485 but change underlined I-140 in the old one. Ask your lawyer about that and let us also know whats his/her response.
I am also thinking about interfiling, but it is said that both 140 have to be approved for interfiling of 485. How long does it take for interfiling? someone said it takes a long time. not sure if it is right.
I am in similar boat. What does your lawyer say? I am waiting for my lawyer response. How about option on interfiling NIW 140 with the pending I-485. That is do not file new I-485 but change underlined I-140 in the old one. Ask your lawyer about that and let us also know whats his/her response.
more...
RNGC
02-23 03:37 PM
Thanks for the replies...
his parents are gc holders...they are sponsoring him on unmarried son quota...
his parents are gc holders...they are sponsoring him on unmarried son quota...
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rbashir
02-15 08:23 PM
Hi Guys,
As always thanks for all of your help who are out there and lending a hand to each other in this immigration mess.
After denial of I-140 (EB3) in November of 2007 in response to my A2P RFE, I filled for appeal in December 2007. Now my case is in appeal with AAO. My H1b is expiring in June 2008. I am hoping to get an extension based on my pending appeal.
In the meantime, another company has offered me a job and agreed to file the labor of my behalf. In the current situation of mine, where appeal is pending, which will take a long time for the final decision, my lawyer suggested to file the new labor through that company and this time under EB2 catagory. I dont have masters degree but I have BS computer science and now more than 5 years of US experience. He suggested EB2 since for my home country EB2 is always current.
I just want to get an opinion for all of you about this situation of mine, and filing labor under Eb2 cat under PERM. The position in the new company is Senior Security Analyst and requires Masters degree or 5 years of experience.
Also , what is the process of getting extension on H1b while appeal is pending and how early should I file the extension before June 2008.
I did post another thread related to the last issue regarding the H1 extension here
http://immigrationvoice.org/forum/showthread.php?t=17377
I apologize for this, I should have remove that one but am unable to find the delete option
Thanks in Advance
RB
As always thanks for all of your help who are out there and lending a hand to each other in this immigration mess.
After denial of I-140 (EB3) in November of 2007 in response to my A2P RFE, I filled for appeal in December 2007. Now my case is in appeal with AAO. My H1b is expiring in June 2008. I am hoping to get an extension based on my pending appeal.
In the meantime, another company has offered me a job and agreed to file the labor of my behalf. In the current situation of mine, where appeal is pending, which will take a long time for the final decision, my lawyer suggested to file the new labor through that company and this time under EB2 catagory. I dont have masters degree but I have BS computer science and now more than 5 years of US experience. He suggested EB2 since for my home country EB2 is always current.
I just want to get an opinion for all of you about this situation of mine, and filing labor under Eb2 cat under PERM. The position in the new company is Senior Security Analyst and requires Masters degree or 5 years of experience.
Also , what is the process of getting extension on H1b while appeal is pending and how early should I file the extension before June 2008.
I did post another thread related to the last issue regarding the H1 extension here
http://immigrationvoice.org/forum/showthread.php?t=17377
I apologize for this, I should have remove that one but am unable to find the delete option
Thanks in Advance
RB
more...
vishwak
04-21 10:45 AM
Hi Friends,
How are you doing? Just want to check if any one worked with or for "Vision Technology Services, LLC" which was located in Baltimore Subrubs, Maryland. Please post reply with comments on company as i'm planning to change H1B to this company.
Vision Technology Services, LLC
1966 Greenspring Drive
Suite 507
Timonium, MD 21093
Contact Us | Vision Technology (http://www.vistechs.com/contact-us/)
Waiting to see your updates/reply.
Thanks,
Vishwa
How are you doing? Just want to check if any one worked with or for "Vision Technology Services, LLC" which was located in Baltimore Subrubs, Maryland. Please post reply with comments on company as i'm planning to change H1B to this company.
Vision Technology Services, LLC
1966 Greenspring Drive
Suite 507
Timonium, MD 21093
Contact Us | Vision Technology (http://www.vistechs.com/contact-us/)
Waiting to see your updates/reply.
Thanks,
Vishwa
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gk_2000
11-05 04:46 PM
There are easily 100000 of us here in the line. If we are all given GC's would it work in the national interest?
Specifically, there are three tests for national interest. Refer to this link for a more comprehensive explanation:
Miller Mayer - National Interest Waivers (http://www.millermayer.com/Immigration/ImmigrantVisas/NationalInterestWaiver/NationalInterestWaivers/tabid/224/Default.aspx)
1: Work of "Substantive Intrinsic merit": Basically any work is bound to have some merit, and can probably be quantified to prove that it is potentially worth billions
2: National in scope: Any work done that can be replicated all over the country and benefit a lot of people, or applied everywhere
3: Applicant should be more productive than his colleagues
Collectively, do we meet these criteria? Point by point:
1. Gather details of each and every one's project, past and present, and state the intrinsic merits
2. Include explanations on how the projects and technologies, if or when applied globally, would make a difference
3. Maybe, if you have an approved labor, this can be taken care of
And if we include all of our applications as one, and mention the economic benefits of our migrating, and submit a single application, or several as a whole, do we stand a chance of getting approved for a GC based on National Interest Waiver?
In principle, do you believe that our immigration is in the national interest?
Specifically, there are three tests for national interest. Refer to this link for a more comprehensive explanation:
Miller Mayer - National Interest Waivers (http://www.millermayer.com/Immigration/ImmigrantVisas/NationalInterestWaiver/NationalInterestWaivers/tabid/224/Default.aspx)
1: Work of "Substantive Intrinsic merit": Basically any work is bound to have some merit, and can probably be quantified to prove that it is potentially worth billions
2: National in scope: Any work done that can be replicated all over the country and benefit a lot of people, or applied everywhere
3: Applicant should be more productive than his colleagues
Collectively, do we meet these criteria? Point by point:
1. Gather details of each and every one's project, past and present, and state the intrinsic merits
2. Include explanations on how the projects and technologies, if or when applied globally, would make a difference
3. Maybe, if you have an approved labor, this can be taken care of
And if we include all of our applications as one, and mention the economic benefits of our migrating, and submit a single application, or several as a whole, do we stand a chance of getting approved for a GC based on National Interest Waiver?
In principle, do you believe that our immigration is in the national interest?
more...
rajmirk
05-19 06:38 PM
Not sure about the first question. SKIL bill will exempt any advanced degree from US or Advanced degree in STEM from outside + 3 Years. PACE, TALENT and the current CIR only exempt STEM Advanced degree + 3 Yrs
I am not totally sure. I recall reading one amendment where they mentioned 203(b) in conjunction with this - which means EB2 qualification.
I am not totally sure. I recall reading one amendment where they mentioned 203(b) in conjunction with this - which means EB2 qualification.
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nishant_u
03-15 07:00 PM
I am currently employed by a large US-based multinational firm on an H-1B visa. My 6 year limit on H1 expires on Nov 27, 2011.
My employer filed Labor Certification for my employment-based Green Card (EB2) over a year ago (on March 1st, 2010).
Since it has been more than a year since Labor has been filed, I am assuming my employer can file for a 1-year extension to my H-1B visa 6 months before it expires (that is on June 27th, 2011). Also, in the meantime, if my Labor and subsequent I-140 are approved, I am assuming my employer can file for 3-year extension to my H-1B.
Question 1: Are these assumptions above correct?
Question 2: Can I quit my job and join another firm after the 1 or 3 year extension is granted? That is will another employer be able to file an H1 petition on my behalf for the extended H1 period (that is beyond 6 years) - even though the extension was granted because of a Labor Certification filed by the previous employer?
I plan to get married to an American Citizen in September. Once I get married, I will obviously file for a marriage-based green card.
Question 3: Given the above, can I quit my job and join another firm now (before my H1 extension is filed)? What are my risks?
If I do stay with my current employer - once I get married, I am assuming that I can file for my marriage based green card (form I-130) and adjustment of status (I-485) concurrently.
Question 4: Is the above assumption correct?
Question 5: Can I also file for EAD concurrently with my I-485? How soon can I expect to leave my current employer and take up a job based on the EAD / marriage-based green card?
Appreciate any guidance.
Thanks
My employer filed Labor Certification for my employment-based Green Card (EB2) over a year ago (on March 1st, 2010).
Since it has been more than a year since Labor has been filed, I am assuming my employer can file for a 1-year extension to my H-1B visa 6 months before it expires (that is on June 27th, 2011). Also, in the meantime, if my Labor and subsequent I-140 are approved, I am assuming my employer can file for 3-year extension to my H-1B.
Question 1: Are these assumptions above correct?
Question 2: Can I quit my job and join another firm after the 1 or 3 year extension is granted? That is will another employer be able to file an H1 petition on my behalf for the extended H1 period (that is beyond 6 years) - even though the extension was granted because of a Labor Certification filed by the previous employer?
I plan to get married to an American Citizen in September. Once I get married, I will obviously file for a marriage-based green card.
Question 3: Given the above, can I quit my job and join another firm now (before my H1 extension is filed)? What are my risks?
If I do stay with my current employer - once I get married, I am assuming that I can file for my marriage based green card (form I-130) and adjustment of status (I-485) concurrently.
Question 4: Is the above assumption correct?
Question 5: Can I also file for EAD concurrently with my I-485? How soon can I expect to leave my current employer and take up a job based on the EAD / marriage-based green card?
Appreciate any guidance.
Thanks
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jvs
05-06 02:09 AM
You need to be present in US at time of applying for the extension and when its approved. Said that in your case I think it would be fine to start H1B extension process after you are back. May be to be safe you can try doing it premium(if company is ready to spend extra money) as it gets done usually in less than a month.
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ss12345
05-06 01:45 PM
Thanks for doing this service which helps many ppl's lives.
My employer applied for H1 extn last year (sept'08) and after my project ended in Nov'08, I left to home country in Dec'08 (I-94 expired)and I recently came back on H4. I heardfrom my employer that I got an RFE asking client letter and due date was May 4th. He did not respond since I didn't have project. Now I am in the process of project confirmation, and I have to be on H1 to start working again,
1) Do I have to apply for new H1 (non-cap) or just apply for H4 to H1 COS or both? if 'both' then can I apply both in one package under PP? Can I start working on receiving receipt number?
2) Can I apply H1 with the same employer, will there be a problem since he did not respond to RFE before? or can I apply for H1 transfer to a different employer using the previous H1 receipt number(is the receipt number still valid) or apply for new non-cap H1?
My employer applied for H1 extn last year (sept'08) and after my project ended in Nov'08, I left to home country in Dec'08 (I-94 expired)and I recently came back on H4. I heardfrom my employer that I got an RFE asking client letter and due date was May 4th. He did not respond since I didn't have project. Now I am in the process of project confirmation, and I have to be on H1 to start working again,
1) Do I have to apply for new H1 (non-cap) or just apply for H4 to H1 COS or both? if 'both' then can I apply both in one package under PP? Can I start working on receiving receipt number?
2) Can I apply H1 with the same employer, will there be a problem since he did not respond to RFE before? or can I apply for H1 transfer to a different employer using the previous H1 receipt number(is the receipt number still valid) or apply for new non-cap H1?
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thomachan72
09-11 11:53 AM
Gurus:
I have a quick question about PERM requirements. I was told by my attorney that if I own my company�s stocks, I will be considered a part owner of the company and this will automatically trigger an audit.
My company is a private company and I was given some stock options with very few stocks that I have exercised. I will really appreciate your response.
Regards,
I dont think so. These options are a portion of the employee benefits. You pay tax for these when you exercise them. By holding a share you are only investing in that company you have certain rights as a share holder but not enough to be considered an owner (like a restaurent owner for example). Also how is the CIS going to be aware or be concerned about this? Consult another attorney if you are so worried. Your attorney might be over concerned or misinformed.
I have a quick question about PERM requirements. I was told by my attorney that if I own my company�s stocks, I will be considered a part owner of the company and this will automatically trigger an audit.
My company is a private company and I was given some stock options with very few stocks that I have exercised. I will really appreciate your response.
Regards,
I dont think so. These options are a portion of the employee benefits. You pay tax for these when you exercise them. By holding a share you are only investing in that company you have certain rights as a share holder but not enough to be considered an owner (like a restaurent owner for example). Also how is the CIS going to be aware or be concerned about this? Consult another attorney if you are so worried. Your attorney might be over concerned or misinformed.
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apravi
12-12 09:01 PM
thankyou verymuch for your input.
sorry about that.
sorry about that.
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AZ_GC
08-22 06:46 PM
The answer is Yes you can switch to new employer. Your H-1 does not matter anymore as you have applied for AOS and you have a valid EAD which you can use for AC21 portability for a new employer after 180 days.
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hetuweb
02-04 08:08 PM
My i485 was filed in july �07 and I got my AP in oct. �07, which is valid up to oct. �08
I want to go to India for 9 months, can I stay for that much period?
I will enter in USA in feb.� 09 on my H1-B VISA STAMP ONLY, BUT NOT ON AP.
Is this work? Any questions at POE about the long stay outside USA?
Any adverse effect on GC process? Pl. help.
I want to go to India for 9 months, can I stay for that much period?
I will enter in USA in feb.� 09 on my H1-B VISA STAMP ONLY, BUT NOT ON AP.
Is this work? Any questions at POE about the long stay outside USA?
Any adverse effect on GC process? Pl. help.
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mygcstory
07-20 03:33 PM
Does anyone know if the B1 visa can be extended in US? The visa stamp on the passport is for 6months. when entered US, the officer granted 5.5 months of stay.......
I am thinking I simply appy for B1 extension 30 days before I-94 expiry date and the actual visa stamp on the visa does not matter.....is it true
Thanks for your time!!
I am thinking I simply appy for B1 extension 30 days before I-94 expiry date and the actual visa stamp on the visa does not matter.....is it true
Thanks for your time!!
vbkris77
02-11 04:36 PM
CIS is bound by law to not accept early AOS applications. It depends on State published visa dates. So if we can work with State dept to have them publish the dates for Visa posts for CP as they do today (Which is faster) and add CIS processing delay to the Dates and publish second set of dates for AOS which always be atleast 2 years or more added to current dates published by State.
This gives chance to people, who missed their chance to file in AOS in 2007 July. They can atleast get benefits of AC21 in this tough economy.
This gives chance to people, who missed their chance to file in AOS in 2007 July. They can atleast get benefits of AC21 in this tough economy.
frederik
12-26 12:38 PM
The explanation of your employer's RFE can't be done over the forum because of complexity of the case. If you deem it necessary to have an attorney who can guide and handle your RFE please call at 877-847-7896. Thank you.
Dear Friends,
My employer got an RFE in regards my recent filing of H1b.
The RFE talks about the office space.
Currently my employer has 3 empl. Employees and the available space is for 3 people. One of them is an Account Manager and basically the Manager has adopted the HOT DESK philosophy; so, basically the current work space is ok to accommodate me.
Can you please help to answer this request?
Many Thanks
Good-Man
Dear Friends,
My employer got an RFE in regards my recent filing of H1b.
The RFE talks about the office space.
Currently my employer has 3 empl. Employees and the available space is for 3 people. One of them is an Account Manager and basically the Manager has adopted the HOT DESK philosophy; so, basically the current work space is ok to accommodate me.
Can you please help to answer this request?
Many Thanks
Good-Man
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