seaken75
11-01 02:37 AM
One of the requirement is if you were last submitted to the U.S. as a non-immigrant on or before Sept 30, 2002. At that point in time, i entered the U.S. in January 2003 after taking a 2 weeks Christmas break.
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nashim
08-11 11:23 AM
same here, dec 04
malibuguy007
10-02 10:37 AM
Thanks Jayleno, you know your contribution will go a long way.
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Sandeep
03-08 07:28 AM
Pl. find here some more stuff about DOL/BEC and PERM.
http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html
I believe this is an older version of the report I was talking about as it says "Assessment Year2004"
The question is why is DOL projecting that it is doing a great job? There are serious flaws everywhere and there are thousands who will testify to that. They do not know how much money to ask from the Congress and they do not know if they can even meet the deadlines they have set. Also look at the way the goals have changed
Page 212
"The goal to reduce processing time to six months for 90% of applications, though ambitious relative to current 32- month processing, may not be either sufficiently tailored or ambitious for the new automated review process, if program reforms go as planned, and processing rates are as high as envisioned."
"ETA Congressional Justification submitted with the President's Budget for FY 2005: (1) Reduce average processing time such that 90% of new applications are processed within six months of filing (target ambitious relative to current processing time of 32 months; target remains same in future years; contingent on implementation of reforms). (2) In 2004, reduce backlog of permanent applications by 36. 5% from 270,000, and in 2005, by 42% from 171, 450 (revised goal: elimination of backlog by end of 2006). (3) Goal for 2003 was to "assist employers in meeting their workforce needs by providing them with expeditious determinations on their applications to hire foreign workers under the [permanent, H- 1B, and H- 2B programs]". (4)Goal for 2001 and 2002 had been to "promptly review employer applications for foreign labor certification". Goals tie to program's mission and DOL's Strategic Goal 4, A Competitive Workforce. Numerical targets for processing will almost certainly need adjustment upon implementation of the new,automated system and centralized processing."
http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html
I believe this is an older version of the report I was talking about as it says "Assessment Year2004"
The question is why is DOL projecting that it is doing a great job? There are serious flaws everywhere and there are thousands who will testify to that. They do not know how much money to ask from the Congress and they do not know if they can even meet the deadlines they have set. Also look at the way the goals have changed
Page 212
"The goal to reduce processing time to six months for 90% of applications, though ambitious relative to current 32- month processing, may not be either sufficiently tailored or ambitious for the new automated review process, if program reforms go as planned, and processing rates are as high as envisioned."
"ETA Congressional Justification submitted with the President's Budget for FY 2005: (1) Reduce average processing time such that 90% of new applications are processed within six months of filing (target ambitious relative to current processing time of 32 months; target remains same in future years; contingent on implementation of reforms). (2) In 2004, reduce backlog of permanent applications by 36. 5% from 270,000, and in 2005, by 42% from 171, 450 (revised goal: elimination of backlog by end of 2006). (3) Goal for 2003 was to "assist employers in meeting their workforce needs by providing them with expeditious determinations on their applications to hire foreign workers under the [permanent, H- 1B, and H- 2B programs]". (4)Goal for 2001 and 2002 had been to "promptly review employer applications for foreign labor certification". Goals tie to program's mission and DOL's Strategic Goal 4, A Competitive Workforce. Numerical targets for processing will almost certainly need adjustment upon implementation of the new,automated system and centralized processing."
more...
dvvb
03-01 02:59 PM
Hi Sathishav, Thanks for the response.
Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.
to summarize,
Co. A's GC filed as future employee.
Joined Co. C on EAD.
Now Co. A is out of buisiness.
Does AC21 portability applies ?
Thanks
-DvvB
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.
to summarize,
Co. A's GC filed as future employee.
Joined Co. C on EAD.
Now Co. A is out of buisiness.
Does AC21 portability applies ?
Thanks
-DvvB
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
Znan
08-15 01:33 PM
Dont know how to express my feeling but it made me laugh, you statement is absolutely true though sad, its like saying are kuch to kar, kam se kam sharam kar :)..... may be that USCIS guy takes a look at the case and feels ashamed that he approved so many with out an order and this one is pending since so long .....cynical me sorry ...
I would say it is still a good sign as it tells that someone is at least looking at your case instead of your case being in a basement in a box.
I would say it is still a good sign as it tells that someone is at least looking at your case instead of your case being in a basement in a box.
more...
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LostInGCProcess
11-06 02:47 PM
Guys,
I wonder if anyone has any info about this.
A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.
glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
I wonder if anyone has any info about this.
A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.
glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
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eb3_nepa
07-18 10:52 AM
eb3,
with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.
I know your intentions are good and ...
Howzzat there is a CLEAR clause in that statement
"If we cannot even contribute $10 a month". There is a clear IF in that statement. And yes after all that IV has done and all the advantage IV members have obtained FREE OF COST just by sitting on the fence (on their behinds), while the core team, who by the way have full time jobs AND families, slogged MORE THAN FULL TIME to get IV's very first goal to be achieved, THEN I say I am FULLY JUSTIFIED in calling those people CHEAP.
with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.
I know your intentions are good and ...
Howzzat there is a CLEAR clause in that statement
"If we cannot even contribute $10 a month". There is a clear IF in that statement. And yes after all that IV has done and all the advantage IV members have obtained FREE OF COST just by sitting on the fence (on their behinds), while the core team, who by the way have full time jobs AND families, slogged MORE THAN FULL TIME to get IV's very first goal to be achieved, THEN I say I am FULLY JUSTIFIED in calling those people CHEAP.
more...
pitha
03-28 11:23 PM
I read dailykos.com, a liberal blog site, often. Recently, there has been a spate of postings there that are anti H-1B and anti high tech immigration. One example, from today, is: http://www.dailykos.com/story/2007/3/28/82450/4208. I have been posting comments as cacophonix.
dailykos.com is the most powerful and most popular liberal blog. Opinion that gets set there is influential with Democratic legislators. There is significant support there for high-tech immigration, but I think the tide could easily turn.
I need help from fellow IVers in refuting such ridiculous diaries as the one above. Please register and follow developments there, and please post responses when these issues come up.
I can't stress this enough: dailykos has a strict trolling/abuse policy. If you lose your cool and start abusing, you will get banned in a flash. So please be courteous.
I read your response, it was good and I signed up as well. I will post my response refuting anti h1 rhetoric.
On a separate note Logiclife response was spot on and I hope IV will follow in the footsteps of dailykos in dealing with the nonsense mongers.
I will take this opportunity to bring some anti-h1 rhetoric and h1 bashing that happens in our very own IV site!!!!!!!. I don’t want to name the individual who specializes in h1 bashing, so as not to make it a personal attack on that individual. A few days ago I posted a message on one of the threads in IV saying day by day reading some responses on h1 bashing makes me feel like I am on an anti-immigrant website rather than a website fighting for legal eb immigrants.
It feels sad and disheartening to see some members attacking h1 when they themselves are on h1. By attacking h1 they are attacking the very movement and people that IV is trying to help. Sure there are some abuses on h1 but lets not attack h1 like anti immigrants. Let’s fight the people outside who attack h1 and this community but let’s also clean our own house as well and not parrot the same anti h1 rhetoric in IV forum.
dailykos.com is the most powerful and most popular liberal blog. Opinion that gets set there is influential with Democratic legislators. There is significant support there for high-tech immigration, but I think the tide could easily turn.
I need help from fellow IVers in refuting such ridiculous diaries as the one above. Please register and follow developments there, and please post responses when these issues come up.
I can't stress this enough: dailykos has a strict trolling/abuse policy. If you lose your cool and start abusing, you will get banned in a flash. So please be courteous.
I read your response, it was good and I signed up as well. I will post my response refuting anti h1 rhetoric.
On a separate note Logiclife response was spot on and I hope IV will follow in the footsteps of dailykos in dealing with the nonsense mongers.
I will take this opportunity to bring some anti-h1 rhetoric and h1 bashing that happens in our very own IV site!!!!!!!. I don’t want to name the individual who specializes in h1 bashing, so as not to make it a personal attack on that individual. A few days ago I posted a message on one of the threads in IV saying day by day reading some responses on h1 bashing makes me feel like I am on an anti-immigrant website rather than a website fighting for legal eb immigrants.
It feels sad and disheartening to see some members attacking h1 when they themselves are on h1. By attacking h1 they are attacking the very movement and people that IV is trying to help. Sure there are some abuses on h1 but lets not attack h1 like anti immigrants. Let’s fight the people outside who attack h1 and this community but let’s also clean our own house as well and not parrot the same anti h1 rhetoric in IV forum.
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karanp25
07-13 08:01 PM
ski_dude12, u r just inviting trouble for urself by not keeping uscis in the loop. I assume u lost ur night's sleep looking for the valid source of my earlier comment? keep looking.
I will continue shooting "off my hips" .... i think i may have missed it this time...
Are you sure about that? Can you give your source that says
"You have to inform them of every small move even after citizenship is approved".
If you can support your post by citing a valid source then its fine, otherwise stop shooting off your hips please.
I will continue shooting "off my hips" .... i think i may have missed it this time...
Are you sure about that? Can you give your source that says
"You have to inform them of every small move even after citizenship is approved".
If you can support your post by citing a valid source then its fine, otherwise stop shooting off your hips please.
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vkt3142
06-30 09:18 AM
I have a question regarding where to file my EAD renewal application. I am a July filer NJ resident and my I-485/EAD/AP were sent to Nebraska and got the AP/EAD approved through Nebraska going by my LIN no. As per the (C)(9) rules it says NJ residents should file to Texas service center and somewhere else I read that my EAD renewal application should be sent to the location where my I-485 is getting processed.
Please share your experiences.
Thanks
Please share your experiences.
Thanks
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EkAurAaya
07-10 09:55 PM
flush this theory of mine... may be it was just a flook that 9 cases followed a pattern (and i thought i just decoded it LOL)... but this just confirms that applications dont reach Service centers they actually reach a black hole :D
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nrk
06-09 04:11 PM
Please delete
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gcwait2007
07-04 05:44 PM
My EB-3 labor PD is 02/2007, my I-140 is stuck-up in NSC for more than one year now.
Considering the present trend, I decided to move on to EB-2. I pressurized my employer to file for another PERM for EB-2 which they are now reluctantly doing. Let me see what happens :rolleyes:
Considering the present trend, I decided to move on to EB-2. I pressurized my employer to file for another PERM for EB-2 which they are now reluctantly doing. Let me see what happens :rolleyes:
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windycloud
07-10 10:33 AM
The H1 document in and by itself is not. The I-94 card that comes printed at the bottom is. And the I-94 card is a valid document as per the I-9 form.
Exactly. And that's what I gave them. The I-797 with the I-94. And this agency I'm talking about is TSA, part of Homeland Security. And obviously they don't know how to read a legal document issued by USCIS, also part of Homeland Security.
Exactly. And that's what I gave them. The I-797 with the I-94. And this agency I'm talking about is TSA, part of Homeland Security. And obviously they don't know how to read a legal document issued by USCIS, also part of Homeland Security.
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wanaparthy
03-25 01:47 PM
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more...
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chintu25
09-15 12:38 PM
I am in
:rolleyes: Its about time
:rolleyes: Its about time
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gaz
07-23 02:26 PM
try talking to Alanita Travels
ALANITA TRAVEL - FLY WITH US TO INDIA (http://www.alanitatravel.com/)
PS - I am not affiliated in any way with them - other than having used their services in the past.
In my experience, going to the airlines respective websites get you a similar deal. Try
Emirates
Lufthansa
singapore
malaysian
British
American
delta
continental
jet
etc...
ALANITA TRAVEL - FLY WITH US TO INDIA (http://www.alanitatravel.com/)
PS - I am not affiliated in any way with them - other than having used their services in the past.
In my experience, going to the airlines respective websites get you a similar deal. Try
Emirates
Lufthansa
singapore
malaysian
British
American
delta
continental
jet
etc...
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mars
07-15 04:25 PM
Hi,
Could some one let us know while applying for H1 Extension do we need to provide notarized documents if one has traveled outside US on H1B. Are these documents mandatory ?
Also what's the general processing time for H1 Extension.I mean how many days does it take..
Mars
Could some one let us know while applying for H1 Extension do we need to provide notarized documents if one has traveled outside US on H1B. Are these documents mandatory ?
Also what's the general processing time for H1 Extension.I mean how many days does it take..
Mars
saloni
04-13 06:39 PM
I am derivative beneficiary and have a EAD card through my spouse who is also on H1B. I am currently on H1B and my own I-140 has an RFE.
I am getting an opportunity to venture into an non-IT business.
Can I start my own S-Corp or LLC using EAD and also continue working on H1B with my current employer? What will be status - H1B or Parolee(EAD)
Will I loose my H1B status as soon as I use EAD?
I would like to play safe and rather pass on this business opportunity to my current employer and remain on his H1B too keep my H1B status if it is safer.
Please advise.
I am getting an opportunity to venture into an non-IT business.
Can I start my own S-Corp or LLC using EAD and also continue working on H1B with my current employer? What will be status - H1B or Parolee(EAD)
Will I loose my H1B status as soon as I use EAD?
I would like to play safe and rather pass on this business opportunity to my current employer and remain on his H1B too keep my H1B status if it is safer.
Please advise.
IntezarGCKA
02-17 11:32 AM
I am a new member of this org. I read about Immigration Voice on MSNBC and joined in.
This is the first organization that I have ever heard in my entire carrier who has taken up work upto this extent.
I am happy to be a part of this.
This is the first organization that I have ever heard in my entire carrier who has taken up work upto this extent.
I am happy to be a part of this.
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