nirajnp
09-07 02:55 PM
Thanks everyone for your replies...That really helped. One more thing that just crossed my mind.. Per the answer below
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
When she reapplies for her H1 in june 2008 how long will that be valid ? Her first H1 started on Oct 1 2005 and is valid until Oct 1 2008. Currently she has abt 12 months of H1 remaining. So if she changes from H4 to H1 again in june 2008 then will her new H1 be valid until Oct 2008 only ? She must have not utilized 8 months of her H1 i.e from Oct 2007 to May 2008, So will her H1 validity period be 12 months from her application next year i.e. June 2008 + 12 months = May 2009 ?.
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
When she reapplies for her H1 in june 2008 how long will that be valid ? Her first H1 started on Oct 1 2005 and is valid until Oct 1 2008. Currently she has abt 12 months of H1 remaining. So if she changes from H4 to H1 again in june 2008 then will her new H1 be valid until Oct 2008 only ? She must have not utilized 8 months of her H1 i.e from Oct 2007 to May 2008, So will her H1 validity period be 12 months from her application next year i.e. June 2008 + 12 months = May 2009 ?.
Sakthisagar
03-12 02:12 PM
For Your First Question it is a big YES, USCIS/DOS is responsible. as per law, for the wasted visa re-capture, congress approval is not required, that decision is solely on USCIS, and USCIS can definitely make folks who are waiting on I-140 approval to file I-485 and be on EAD, that is solely under the jurdistriction of USCIS.
Now, Please tell us what is the next step??
Now, Please tell us what is the next step??
ragz4u
04-09 08:42 PM
The core team is looking for some volunteers to help us with a few tasks
What is expected of volunteers
1) Loads of motivation
2) 15 mins of time per day
3) Ability to call someone and send emails on behalf of IV
4) Strong belief in what we are doing and what we are trying to achieve
I know some of you have contacted me or some other admin in the past offering to be volunteers but unfortunately we were really busy and may not have been able to get back to you.
If you believe that you can help IV, please send an email to shrey@immigrationvoice.org, sandeep@immigrationvoice.org and nagaraj@immigrationvoice.org with the subject line
Willing to volunteer from <State name> state
Thanks
IV team
What is expected of volunteers
1) Loads of motivation
2) 15 mins of time per day
3) Ability to call someone and send emails on behalf of IV
4) Strong belief in what we are doing and what we are trying to achieve
I know some of you have contacted me or some other admin in the past offering to be volunteers but unfortunately we were really busy and may not have been able to get back to you.
If you believe that you can help IV, please send an email to shrey@immigrationvoice.org, sandeep@immigrationvoice.org and nagaraj@immigrationvoice.org with the subject line
Willing to volunteer from <State name> state
Thanks
IV team
karthik_may
07-18 04:06 PM
EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.
The online case tracking system has the status of case received and pending
Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.
The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.
How can the case be denied with out any notice? Do we have precedence on this level by USCIS?
I did a FP appt in Jan 2006 though.
I have been asked to refile I-485 now.
The online case tracking system has the status of case received and pending
Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.
The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.
How can the case be denied with out any notice? Do we have precedence on this level by USCIS?
I did a FP appt in Jan 2006 though.
I have been asked to refile I-485 now.
more...
Miya Maqbool
06-17 03:47 PM
If you have your 140 approved, then if Emp A withdraws may not cause any damage, but if your 140 is not approved and if Emp A withdraws it, certainly cause a big damage.
What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)
Thanks
What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)
Thanks
clockwork
07-06 10:53 AM
07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:
more...
Nagireddi
11-27 10:52 PM
What's the heck.What happened? Who gave me the red? Did I piss off anybody?
PlainSpeak
02-23 10:54 AM
Makes sense but a couple of my friends who traveled during the winter break and came back through ATL did not have an issue, so that was where I was coming from.
As i said you may or may not have an issue. Makes common sense to carry documents if you do get asked. I had issues when i came through IAD in Apr 2009. Things may have improved during the interim. I know of friends of mine who had no issues on AP and i also know of a GC Holder who got stuck in immigration for 5 hours. I guess it just depends on what kind of person is the POE officer in the secondary inspection room
As i said you may or may not have an issue. Makes common sense to carry documents if you do get asked. I had issues when i came through IAD in Apr 2009. Things may have improved during the interim. I know of friends of mine who had no issues on AP and i also know of a GC Holder who got stuck in immigration for 5 hours. I guess it just depends on what kind of person is the POE officer in the secondary inspection room
more...
techbuyer77
06-19 12:25 PM
Can people still get interim?
glus
12-18 09:13 AM
Hi Charles,
Thank you for taking the time to reply. Do you think that the appeal has any chance to succeed?
The current perm was applied for senior developer. While the appeal is pending, can my company apply for a new perm for a different position like enterprise architect?
Thanks
Dexter,
In addition to what the attorney wrote, PERM appeals take forever. So the best would be to re-apply for a new PERM.
Thank you for taking the time to reply. Do you think that the appeal has any chance to succeed?
The current perm was applied for senior developer. While the appeal is pending, can my company apply for a new perm for a different position like enterprise architect?
Thanks
Dexter,
In addition to what the attorney wrote, PERM appeals take forever. So the best would be to re-apply for a new PERM.
more...
prem_goel
07-20 09:30 PM
Hello Uma001, Kindly refrain from giving misleading information. It does put a thought on several people's mind that breaking the law is "chalta hai". Especially cases like these should be asked to be handled by qualified attorney.
Raju
09-21 04:48 PM
Thanks! guys.....All in the same boat then....Screwed.....
Welcome Harish. We are in the same boat. The only way out of this mess is to influence some legislation and that needs lot of Money and Members. Help yourself by making more people signup and contributing money for the cause.
Welcome Harish. We are in the same boat. The only way out of this mess is to influence some legislation and that needs lot of Money and Members. Help yourself by making more people signup and contributing money for the cause.
more...
sertasheep
03-07 06:02 PM
The featured attorney for the next conference call is Ms. Susan Henner. Susan Henner is a solo practitioner specializing in immigration law in Manhattan and White Plains, New York. She has been named as one of Westchester County, New York's "Forty Under Forty" Rising Stars by the Business Council of Westchester.
More information about Ms. Henner is available on her website (http://www.susanhenner.com/firmprofile.jsp)
Details for the next conference call:
Time: 11:30 AM Eastern Time
Date: 10 March 2007, Saturday
Dial-in: 218-486-1300, Bridge 153151
We invite you to participate in this call which has now been moved to Saturdays to make it more convenient for members to join.
The range of questions covered would be 101 through 126. We realize that some of these questions may be dated or you may have sought opinion from other sources- we would like to catch up and accept new questions as well for future calls at this time.
More information about Ms. Henner is available on her website (http://www.susanhenner.com/firmprofile.jsp)
Details for the next conference call:
Time: 11:30 AM Eastern Time
Date: 10 March 2007, Saturday
Dial-in: 218-486-1300, Bridge 153151
We invite you to participate in this call which has now been moved to Saturdays to make it more convenient for members to join.
The range of questions covered would be 101 through 126. We realize that some of these questions may be dated or you may have sought opinion from other sources- we would like to catch up and accept new questions as well for future calls at this time.
chanduv23
07-11 12:47 PM
Ok I called her - she is interviewing Ashish and Rohika. If anyone in NYC, please call her. Even if you are Indian - call her, it would be better of you are from another country.
more...
clockwork
07-06 10:53 AM
07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:
geniousatwork
08-14 01:22 PM
Seems like the Service Center employees are either laid off :D or on vacation...No movement for 485 processing dates compared to last months update.
more...
hopelessGC
01-21 04:38 PM
The fact that you are moving to a new employer using your EAD is in essence using the AC-21 portability provision. This new employer will now have to support your AC-21 claim.
You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.
There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.
If anyone has doubts about what I said then please correct me.
You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.
There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.
If anyone has doubts about what I said then please correct me.
sbabunle
08-24 06:41 PM
Hello GreatGuy
You can be a lil more cordious and polite :rolleyes:
At least if you expect somebody to answer your question.
Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.
Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.
On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.
Good luck GREAT. I expect you to be a lil more polite on these
forums.
You can be a lil more cordious and polite :rolleyes:
At least if you expect somebody to answer your question.
Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.
Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.
On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.
Good luck GREAT. I expect you to be a lil more polite on these
forums.
gcformeornot
01-12 09:52 AM
lots of delays for many applicants. I personally know 2 people waiting. One waiting for more than 2 months. Other one just about a month.....:eek:
helpful_leo
02-03 06:21 PM
thanks guys for your responses
Spgtopper: I am referring to the same bill; specifically section 313. Its a bill that covers a lot of specific details, but seems to ignore current PhD candidates.
Logiclife: Wikipedia and others define "the physical sciences" to exclude life sciences. That is actaully the meaning of physical sciences, i.e. not biological sciences. It would seem stupid to exclude it, since so much of R&D is taking place in biotech etc.
And I believe if they wd have allowed the transfer of F1 to F4, they wd have mentioned it in teh bill. I think the above 2 facts have to be brought to the attention of lawmakers.
Spgtopper: I am referring to the same bill; specifically section 313. Its a bill that covers a lot of specific details, but seems to ignore current PhD candidates.
Logiclife: Wikipedia and others define "the physical sciences" to exclude life sciences. That is actaully the meaning of physical sciences, i.e. not biological sciences. It would seem stupid to exclude it, since so much of R&D is taking place in biotech etc.
And I believe if they wd have allowed the transfer of F1 to F4, they wd have mentioned it in teh bill. I think the above 2 facts have to be brought to the attention of lawmakers.
akhilmahajan
01-21 12:26 PM
There are 2 different dates: Notice and Receipt Date.
Receipt date is when they got it, which in your case is July 30th. This date is used to count 180 days for your 485 File date.
Notice Date is the date when they entered the information in to their system, which in your case is September 5th. This date is used for processing dates and all.
I hope this helps.
Receipt date is when they got it, which in your case is July 30th. This date is used to count 180 days for your 485 File date.
Notice Date is the date when they entered the information in to their system, which in your case is September 5th. This date is used for processing dates and all.
I hope this helps.
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