pa_arora
04-19 07:08 PM
Atleast somebody talked abut legals and their problems...Here's the link..
http://www.uschamber.com/issues/lett...sa_program.htm
=================TEXT========================
Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs
April 12, 2007
TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE:
The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world’s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.
The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.
The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a “computer-generated random selection process” to determine which of these needed workers will be excluded.
Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers—from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country’s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include:
Raising the EB cap and exempting specific highly skilled professionals in
sciences, arts, business, and other critical fields from the final allotted number.
Allowing foreign students who have earned advanced degrees from American
universities, as well as from foreign universities, in science, technology,
engineering, and mathematics (STEM) to be exempt from both the EB and H-1B
visa cap numbers.
Designing the H-1B visa cap numbers around a market-based annual adjustment,
rather than an arbitrary fixed number.
The creation of an entire new visa category that would allow STEM students,
studying in the United States on a student visa, to seamlessly transition to a green
card when offered a job.
The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.
On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.
Sincerely,
R. Bruce Josten
http://www.uschamber.com/issues/lett...sa_program.htm
=================TEXT========================
Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs
April 12, 2007
TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE:
The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world’s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.
The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.
The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a “computer-generated random selection process” to determine which of these needed workers will be excluded.
Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers—from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country’s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include:
Raising the EB cap and exempting specific highly skilled professionals in
sciences, arts, business, and other critical fields from the final allotted number.
Allowing foreign students who have earned advanced degrees from American
universities, as well as from foreign universities, in science, technology,
engineering, and mathematics (STEM) to be exempt from both the EB and H-1B
visa cap numbers.
Designing the H-1B visa cap numbers around a market-based annual adjustment,
rather than an arbitrary fixed number.
The creation of an entire new visa category that would allow STEM students,
studying in the United States on a student visa, to seamlessly transition to a green
card when offered a job.
The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.
On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.
Sincerely,
R. Bruce Josten
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Ven
01-19 06:46 PM
did u request a change, ex address change,..
gcnirvana
09-15 05:03 PM
...on whether you did a Bachelors or Masters. Also you can wait till December to get your Degree and then apply for the GC.
HTH
GCNirvana
HTH
GCNirvana
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OLDMONK
06-18 06:55 PM
Remember, everthing copy. Nothing Original. don't send your original I-94, but a copy.
I think if affidavits of Marriage and Birth are submitted, those would have to be originals.
I think if affidavits of Marriage and Birth are submitted, those would have to be originals.
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Pineapple
02-09 01:51 PM
That's a good one :)
..
PS: You know that Power = IV right? = )
..
PS: You know that Power = IV right? = )
cdeneo
01-11 09:32 PM
Thanks so much for responding to this query and providing great insight here. The only concern at this point would be if availing of UC benefits would create any issues when an I-485 app is pending but will hope for the best that this will not be a problem.
Thanks again for chiming in on this.
I reviewed the State of Washington's unemployment compensation website, and from what I can see you would be eligible for benefits as long as you were legally authorized to work for the last 24 months and continue to be authorized to accept new employment. You will be required to provide your A# and agree to allow the State of Washington to share your application information with other agencies such as the IRS (UC benefits are taxable).
Thanks again for chiming in on this.
I reviewed the State of Washington's unemployment compensation website, and from what I can see you would be eligible for benefits as long as you were legally authorized to work for the last 24 months and continue to be authorized to accept new employment. You will be required to provide your A# and agree to allow the State of Washington to share your application information with other agencies such as the IRS (UC benefits are taxable).
more...
sk.aggarwal
05-04 11:19 AM
What happens, once he moves to the new employer and his present employer withdraws I-140? For any subsequent H1 transfers/extensions will he will need to have an approved I-140, which is not withdrawn ?
Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet
Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet
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Winner
04-26 08:20 AM
Troll Alert?
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Jaime
09-12 03:03 PM
Come on guys! We can't let Ranga get sucked into the U.S. Reverse Brain Drain!!! Nor can we let any of the 500,000 of us get sucked in either!!! Let's go to Washington next week!!!!
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WeShallOvercome
08-03 12:31 PM
What happens if your I-485 is denied? Are you able to fix any issues or do you start all over? And on what grounds would they deny?
Most common grounds for I-485 denial are:
1) I-140 denial
2) Being out of status
3) Fraud
4) Not responding to an RFE in a timely manner
5) Unknowingly abandoning your application.
Most common grounds for I-485 denial are:
1) I-140 denial
2) Being out of status
3) Fraud
4) Not responding to an RFE in a timely manner
5) Unknowingly abandoning your application.
more...
EkAurAaya
10-10 05:31 PM
Ahhh I wish i can say After Green Card :)
dude take the job if they are offering you a good deal (opportunity does not knock on your door everyday)... its simple as that, you will be in the same field of work your new employer can back you in case there is a "query"
Dont sulk over 6.5 years - they gained as much as you did in these 6.5 years!
Good luck!
Let us know what you did...
dude take the job if they are offering you a good deal (opportunity does not knock on your door everyday)... its simple as that, you will be in the same field of work your new employer can back you in case there is a "query"
Dont sulk over 6.5 years - they gained as much as you did in these 6.5 years!
Good luck!
Let us know what you did...
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Asian
05-31 10:48 AM
Yes, you're right, Berkeleybee, that no restriction on AC-21 job portability contradicts labor certification stage. But isn't it also true we can change our job to whatever we want once we get GC? Due to the false system, if we lost years waiting in line, why can't they change the rule to make up for it? I think it is a legitimate and justifiable demand.
more...
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alisa
05-25 07:09 AM
I hope you are right. I hope the visa dates move forward by another year in the next two or three months (atleast for EB3 ROW). But it is unlikely. (Maybe, if the backlog reduction centers are shut down, it might be a possibility)
I am under the new points based system however. My wifes is still in the old system (EB3 ROW.)
BTW, for India, 10% of 90K would be 9K. Not any different than what was in 2006.
The PDs probably moved because they didn't want to lose visa numbers, like they lost the 11K visa numbers. So now, with such a huge advance, they are guaranteed an unending supplly of petitions for a long long time.
I hope I am wrong, and you are right, and the PDs continue to move forward.
But it doesn't seem likely. Nothing has changed fundamentally.
One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.
I am under the new points based system however. My wifes is still in the old system (EB3 ROW.)
BTW, for India, 10% of 90K would be 9K. Not any different than what was in 2006.
The PDs probably moved because they didn't want to lose visa numbers, like they lost the 11K visa numbers. So now, with such a huge advance, they are guaranteed an unending supplly of petitions for a long long time.
I hope I am wrong, and you are right, and the PDs continue to move forward.
But it doesn't seem likely. Nothing has changed fundamentally.
One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.
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map_boiler
07-18 09:26 AM
I don't understand why you don't want to depend on I-485 as the only source? If it is a straight forward case, there should be no issues. Your husband can be on EAD and there is no need for him to be on a "365 day exile", as you put it. Unless of course, you're worried that the labor sub I-140 could be denied?
I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.
I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.
I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?
I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.
I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.
I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?
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ASR
07-08 02:51 PM
Hi All,
Give me all your valuable suggestions for the below case:
- Got a full time offer for my wife who is working on H1 and has EAD too.
- She decided to transfer her H1 instead of using EAD.
- My wife has sent all the necessary documentation to the lawyer.
- Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
- We have not received I 485 approval notice through mail yet. We just have email from immigration
Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.
Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.
Your response is highly appreciated.
Give me all your valuable suggestions for the below case:
- Got a full time offer for my wife who is working on H1 and has EAD too.
- She decided to transfer her H1 instead of using EAD.
- My wife has sent all the necessary documentation to the lawyer.
- Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
- We have not received I 485 approval notice through mail yet. We just have email from immigration
Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.
Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.
Your response is highly appreciated.
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Nagireddi
05-21 07:35 PM
It should be printed on both sides of the same page I have just sponsored my parents, inlaws and uncle and aunt(Total 6 people at the same time). All of them got 10 yrs visa.Though I have provided all documents, they did not bother to look in to those papers. They have been asked simple questions and given their visa.
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JunRN
07-18 08:11 AM
So it means I can apply in August as I am qualified to apply in July. How about my PD? Will it be August since I applied in August? For schedule A, the PD is the I-140 receipt date.
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giddi_raja@yahoo.com
11-02 02:43 PM
It takes 60 days from the RFE received date to make a decision on your AP. If dec 31st passes and if you don't hear anything from USCIS, you may need to call them.
If it is an emergency travel and cannot wait for their approval, you need to visit the local USCIS office with an appointment.
I am on the same case, waiting for USCIS reponse. Thanks.
If it is an emergency travel and cannot wait for their approval, you need to visit the local USCIS office with an appointment.
I am on the same case, waiting for USCIS reponse. Thanks.
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vxg
07-17 11:04 AM
It is a hit or miss so have to keep trying i generally do not call them often but last month just had a hunch and got lucky. The steps are copied here from another thread.
Call 1-800-375-5283
Press 1 to select English
Press 2 to skip introduction
Press 2
Press 6 to find case status information
Press 1
Now enter your receipt number SRCxxxxxxxxxx
Voice asks if SRC press 1
Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
Part way through the blah blah press 3
Wait a moment and press 4
(now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.
VXG, I need your help - everytime I call TSC (I have done it twice) IO refers me to some 800 number. What did you do to get them to talk to you?
Call 1-800-375-5283
Press 1 to select English
Press 2 to skip introduction
Press 2
Press 6 to find case status information
Press 1
Now enter your receipt number SRCxxxxxxxxxx
Voice asks if SRC press 1
Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
Part way through the blah blah press 3
Wait a moment and press 4
(now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.
VXG, I need your help - everytime I call TSC (I have done it twice) IO refers me to some 800 number. What did you do to get them to talk to you?
Eb3_frustrated
03-17 11:14 AM
Junoo,
Good to see you getting optimistic, I saw your frustration at April visa Numbers and glad to see you back with green $$$ this time !!
Bill introducted by Sen. Frist is great news, even though it is still in initial stages [Cross our fingers] glad we have something positive happenning.
We need to work harder and make sure it passes the house and becomes a law..long path and we should remain focussed every step of the way.
Thanks once again for your contribution and congratulations for your change in attitude.
Just contributed $100.00. Will contribute more in Future...!
Good to see you getting optimistic, I saw your frustration at April visa Numbers and glad to see you back with green $$$ this time !!
Bill introducted by Sen. Frist is great news, even though it is still in initial stages [Cross our fingers] glad we have something positive happenning.
We need to work harder and make sure it passes the house and becomes a law..long path and we should remain focussed every step of the way.
Thanks once again for your contribution and congratulations for your change in attitude.
Just contributed $100.00. Will contribute more in Future...!
SL%%
03-02 08:10 PM
Thanks SL & Lost in GC process,
Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Thanks
Senthil
For the first one, I don't think that is applicable. As to what I know it doesn't matter whether you left for 1 day, 2 mos or whatever, your expiration still stands and cannot be change. No rollover or so hence Sep. 07, 2009 still stands for you.
For the second one, seems like desi3933 answered your question.
Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Thanks
Senthil
For the first one, I don't think that is applicable. As to what I know it doesn't matter whether you left for 1 day, 2 mos or whatever, your expiration still stands and cannot be change. No rollover or so hence Sep. 07, 2009 still stands for you.
For the second one, seems like desi3933 answered your question.
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