eager_immi
02-12 10:51 PM
it will at some point of time but not in this months bulletin or in the near future. Folks , for someone with March 2004 Eb3 India PD , is converting to Eb2 really going to help in any way at all ? Please suggest.
wallpaper on the red carpet at the
indyanguy
11-06 12:39 PM
Sorry if a related question is posted elsewhere. I searched and didn't find any thread that answers my question.
Any help is appreciated..
Thanks!
Any help is appreciated..
Thanks!
rvr_jcop
02-17 12:34 AM
Hi,
I have completed 6 years on my H1 and then got a 3 year extension as my 140 was approved when I applied for H1 renewal. This is all with my current company where I am working on H1 and they have applied for my GC also. I also have a valid EAD till 2010 which I am not using currently.
If I get a new job, can I transfer my H1 and still keep my GC process going on or do I have to switch to using EAD at the new job instead of H1 ?
Basically, am wondering if we can transfer H1 and that way have a backup just in case of any issues with EAD.
Thanks for your advice !
Yes, you can do that by invoking AC-21. You dont have to be on EAD to join another company. You are perfectly OK if they are willing to tranfer your H-1 from the old employer.
I have completed 6 years on my H1 and then got a 3 year extension as my 140 was approved when I applied for H1 renewal. This is all with my current company where I am working on H1 and they have applied for my GC also. I also have a valid EAD till 2010 which I am not using currently.
If I get a new job, can I transfer my H1 and still keep my GC process going on or do I have to switch to using EAD at the new job instead of H1 ?
Basically, am wondering if we can transfer H1 and that way have a backup just in case of any issues with EAD.
Thanks for your advice !
Yes, you can do that by invoking AC-21. You dont have to be on EAD to join another company. You are perfectly OK if they are willing to tranfer your H-1 from the old employer.
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Berkeleybee
04-08 01:21 PM
I thought the "Freedom of Information Act" requires the federal goverment to disclose all data and procedure unless it is exempt by some other laws (list of super spies, for instance). Wouldn't it be possible to using this law to force them to disclose their numbers?
Is there any month by month ombudsman report? I was just thinking It doesn't have too much of use if they report AFTER the number is wasted....
Atlfp,
I have had several conversations with the staff of the CIS Ombudsman on this issue. Believe it or not, DOS has been resisting official efforts to release these figures. Just last week I also talked to the Office of Communications at USCIS about this issue -- no promises have been made but it is an on-going battle.
Also, if you are familiar with the tables in the Yearbook of Immigration Statistics -- those are aggregated tables -- this year (FY 05) for the first time there was a limited release that showed us EB subcategory approvals by country. Such data exists for every year and every table in the Yearbook of Immigration Statistics but is not released to the public -- why? Because the Yearbook tables have been done a certain way since kingdom come. We are also trying to change that.
So yes, we are trying, but it seems to me that it is not in the interest of an inefficient organization to cast light on the nature of its inefficiencies.
Will keep members posted on this.
best,
Berkeleybee
Is there any month by month ombudsman report? I was just thinking It doesn't have too much of use if they report AFTER the number is wasted....
Atlfp,
I have had several conversations with the staff of the CIS Ombudsman on this issue. Believe it or not, DOS has been resisting official efforts to release these figures. Just last week I also talked to the Office of Communications at USCIS about this issue -- no promises have been made but it is an on-going battle.
Also, if you are familiar with the tables in the Yearbook of Immigration Statistics -- those are aggregated tables -- this year (FY 05) for the first time there was a limited release that showed us EB subcategory approvals by country. Such data exists for every year and every table in the Yearbook of Immigration Statistics but is not released to the public -- why? Because the Yearbook tables have been done a certain way since kingdom come. We are also trying to change that.
So yes, we are trying, but it seems to me that it is not in the interest of an inefficient organization to cast light on the nature of its inefficiencies.
Will keep members posted on this.
best,
Berkeleybee
more...
karthkc
05-11 02:46 PM
This is a common scenario for some IT folks who were here during the downturn from 2001 through 2005 and is not a big deal in your case.
USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.
In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.
Hope that clears it a bit!
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.
In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.
Hope that clears it a bit!
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
gc_buddy
11-18 02:35 PM
Dear Members,
One of the IV member recieved a phone call from Ombudsman office and is as follows.
-----------------------------------------------------------------------
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
----------------------------------------------------------
The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.
With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters
One of the IV member recieved a phone call from Ombudsman office and is as follows.
-----------------------------------------------------------------------
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
----------------------------------------------------------
The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.
With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters
more...
cdeneo
03-25 09:36 PM
Is delivery confirmation possible for PO Box addresses?
I used Fedex Ground , just a tad more expensive than USPS Priority ( if you add all delivery confirmation etc etc ).
I used Fedex Ground , just a tad more expensive than USPS Priority ( if you add all delivery confirmation etc etc ).
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akhilmahajan
06-22 08:24 AM
I-485 can be rejected if filed with incomplete initial evidence.
Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.
It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.
Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.
I have not yet received the originals supporting my BC.............. is it a problem............ everything else i have but still waiting for the affidavits............. can you please elaborate on this............
Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.
It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.
Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.
I have not yet received the originals supporting my BC.............. is it a problem............ everything else i have but still waiting for the affidavits............. can you please elaborate on this............
more...
InTheMoment
08-07 11:52 AM
Sreenuuk,
The mercury is high these days on the forum...the bar is really low for the tipping point. Take it in stride :)
The mercury is high these days on the forum...the bar is really low for the tipping point. Take it in stride :)
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mmeshref
12-02 05:55 PM
I am in US right now on H1B status, I've my wife on H4 status, I'll be leaving to renew my H1B again, but I heard that some people get their case under review for months, so I am planning to re-enter to US using my AP in case this happened to me.
My question now:
Would re-entering to US using my AP void my wife's H4 status? Knowing the fact that I'll be working with my H1B status and I am not planning to use my EAD
If you can provide me with some links on USCIS supporting this, it would be great
My question now:
Would re-entering to US using my AP void my wife's H4 status? Knowing the fact that I'll be working with my H1B status and I am not planning to use my EAD
If you can provide me with some links on USCIS supporting this, it would be great
more...
alparsons
March 24th, 2005, 03:37 AM
My Pentax *ist D acts like that when the batteries become discharged. I put in freshly charged batteries, and I'm up and running again.
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gcformeornot
07-09 07:27 AM
join. I have seen so many friends working daytime at US clients and co-ordinating offshore work to these companies in nighttime and WEs. Plus their projects are mostly short term.... they move you a lot.....
GC processing policies are restricted to only very few Key account managers and marketing managers...
GC processing policies are restricted to only very few Key account managers and marketing managers...
more...
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kumar1
10-10 01:40 PM
Sorry, I am already married. :rolleyes:
Marry me...i like funny people......
/thread
Marry me...i like funny people......
/thread
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I_need_GC
10-14 08:57 AM
Renew you AP before Feb 25, 2009. You are usually paroled upto an year from the date of entry.
Yes you can file for AP your self, its as easy as filling out the form.
The stamps having nothing to do with the renewal.
My AP is expiring in Feb 25, 2009. I have some question regarding the renewal of my AP. When I came back this time afterthe vacation, at the airport they stamp my ap saying that it's expiring One June 30, 2009. what does that mean?
When should i have to renew my AP?
How long does it going to take?
Can i do it by myself as my lawyer is charing $1000 every time i'm using her (she charged me legal fee $1000 for my EAD renewal)?
When i apply for the Ap renewal does it have anythign to do with the AP stamping saying expires: june 30, 2009?
Your answer is always appreciated
Thanks Ahead
EB3...ROW
PD May 2006
Yes you can file for AP your self, its as easy as filling out the form.
The stamps having nothing to do with the renewal.
My AP is expiring in Feb 25, 2009. I have some question regarding the renewal of my AP. When I came back this time afterthe vacation, at the airport they stamp my ap saying that it's expiring One June 30, 2009. what does that mean?
When should i have to renew my AP?
How long does it going to take?
Can i do it by myself as my lawyer is charing $1000 every time i'm using her (she charged me legal fee $1000 for my EAD renewal)?
When i apply for the Ap renewal does it have anythign to do with the AP stamping saying expires: june 30, 2009?
Your answer is always appreciated
Thanks Ahead
EB3...ROW
PD May 2006
more...
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chumki
12-17 03:46 PM
Got laid off but found a new job and working on EAD.
Status :
I-485 pending over 180 days
I-140 approved and employer will not revoke I-140 and I-485
Received EAD and AP.
Question is now:
1. Do I MUST send a AC-21 Job Portability MEMO to USCIS with the new employer info and job details ?
2. Or, Do i just do nothing for now and will send USCIS a Portability Memo ONLY-IF they issue a RFE?
3. What are the advantage and disavantage of sending a Portability Memo to USCIS after I-485 is pending for 180 days and I-140 approved with previous employer?
I am very confused.
Status :
I-485 pending over 180 days
I-140 approved and employer will not revoke I-140 and I-485
Received EAD and AP.
Question is now:
1. Do I MUST send a AC-21 Job Portability MEMO to USCIS with the new employer info and job details ?
2. Or, Do i just do nothing for now and will send USCIS a Portability Memo ONLY-IF they issue a RFE?
3. What are the advantage and disavantage of sending a Portability Memo to USCIS after I-485 is pending for 180 days and I-140 approved with previous employer?
I am very confused.
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babu123
04-11 07:42 PM
If you got your labor approved and if you apply I-140 before December, you are eligible to get extension for 1 year.
If you got your labor approved and if your I-140 is approved before December, you will be eligible to get extension for 3 years.
So hurry up and Good Luck.
If you got your labor approved and if your I-140 is approved before December, you will be eligible to get extension for 3 years.
So hurry up and Good Luck.
more...
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kshitijnt
07-08 07:02 PM
Depends on what you are looking for and what your priorities are:
1) Ask what work you will get? Ask to speak with the team members of the team you will work with and get your role clarified.
2) compensation. How much $$$$ they are paying more wrt current position or wrt other offers you may have in recent future.
3) As someone said correctly, get to know the work culture and the team make sure you don't end up being chained to work.
The advantage is that you can rise quickly (not much competition) & stable job.
So see whats important for you.
1) Ask what work you will get? Ask to speak with the team members of the team you will work with and get your role clarified.
2) compensation. How much $$$$ they are paying more wrt current position or wrt other offers you may have in recent future.
3) As someone said correctly, get to know the work culture and the team make sure you don't end up being chained to work.
The advantage is that you can rise quickly (not much competition) & stable job.
So see whats important for you.
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StuckInTheMuck
03-09 09:50 AM
For those of you waiting on your pending I485 following a successful EB2->EB1 upgrade, it took me a little over a month after my I140(EB1) was approved late Jan, and only 3 weeks after the upgrade request was mailed to USCIS (relevant timeline is in my signature below). I received the "Welcome to USA" notice (for me and my wife) yesterday in my mailbox. Also, there was no prior LUD change or email notification (maybe they want to hit us with the good news, after causing so much heartburn). We had one (medical) RFE last year, because we skipped medicals while rushing our I485 petition to beat July 2 ('07) deadline.
A big THANK YOU shoutout to IV leaders who do the heavy lifting day-in and day-out for others like us, and hearty wishes to those of you waiting for a looooong time to get through this stage (this is my 10th year in US, but I sort of lazed around on my H1 until the fag end, when my friends forced me to shake a butt and initiate my "GC journey" early '06).
[ps. while I hesitate to say it here, I am committing $200 to IV just so others, who like me have benefited from IV's actions (both directly, such as "July-2 reversal", "2-yr EAD", "quick answers to urgent questions" etc, as well as in other intangible ways), make a similar gesture of appreciation after getting their GC]
Cheerio,
Stuck(no longer)InTheMuck
A big THANK YOU shoutout to IV leaders who do the heavy lifting day-in and day-out for others like us, and hearty wishes to those of you waiting for a looooong time to get through this stage (this is my 10th year in US, but I sort of lazed around on my H1 until the fag end, when my friends forced me to shake a butt and initiate my "GC journey" early '06).
[ps. while I hesitate to say it here, I am committing $200 to IV just so others, who like me have benefited from IV's actions (both directly, such as "July-2 reversal", "2-yr EAD", "quick answers to urgent questions" etc, as well as in other intangible ways), make a similar gesture of appreciation after getting their GC]
Cheerio,
Stuck(no longer)InTheMuck
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ajm
03-24 10:49 AM
Don't the per-country limits apply to the total number of immigrants (all categories of family and employment preferences) from a country? If so, it is incorrect to say that there will be only 4350 visas (10% of 15% of 290,000) available in each EB category for any one country. The correct reading, in my opinion, is that no country can get more than 77,000 immigrant visas (10% of 480,000+290,000) in any year.
singhsa3
08-20 07:36 PM
Looks like we are the only three so far..
smsthss
11-12 09:59 AM
Hi,
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
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