Thursday, June 30, 2011

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  • ivgclive
    04-20 03:48 PM
    My emp. filed H1 ext in Jan 2011 and got RFE.

    My (existing) H1 extension is expiring on 25th March... which is just less than a week away.
    and my employer may submit RFE documents in First week of May...

    What would be my legal status during this period?

    My H1 extension was filed with regular processing, Is it advice able to upgrade it to premium while or before submitting the RFE docs?

    Please advice.

    Thx....

    You are perfectly OK.

    Until USCIS takes a "decision" which is "approved / denied", you keep the legal status.

    Premium? If $1300 is not a matter for you yes.

    RFE response & Premimum are two different channels now in your case, they will be updated separately.

    Remember the Premium process begins the moment USCIS enters data into the system. Not the day your check is received. But it is worth. You will get a decision (with RFE response on its way) within a month.




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  • tnite
    01-03 10:31 AM
    I could take upto 3 months of sabbatical partially paid (1st month:100%, 2nd,3rd-50%) - I am currently on H1 Visa and working for the employer who sponsered by GC. I would like to know if there is any effect of taking sabbatical on my pending I485 ?

    Thanks

    Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.

    But if you use your EAD it doesnt matter. You dont have to worry about the 3months.




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  • 2011 MTV Movie Awards


  • go2roomshare
    01-19 03:14 PM
    It may be dump question.


    Is it the date LC is filed?
    Is it the date DOL Received Acknowledgement Date? ( Receipt Date)
    Is it the date just DOL received the package??

    Any one knows for sure??




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  • Kristen Stewart,Robert


  • purgan
    10-06 10:41 PM
    There is a story in the Oct 6 Wall Street Journal on high skilled immigration reform. If anyone has a subscription to that, pl. post for the benefit of members...

    OpinionJournal's Political Diary
    Who leaked the Foley emails and why?; industries seeking more high-skill immigrants pin their hopes on Congress's lame duck session; new film debunks the hypocrisy of anti-development greenies. (Click to Subscribe)
    2:30 p.m. EDT

    http://www.opinionjournal.com/

    =======
    Seperately, the Economist has a 15-page report on the "Global Hunt for Talent". It specifically highlights how restrictive immigration quotas for skilled workers are hurting US competitiveness and how other western nations are racheting up their efforts to lure skilled foreigners.

    http://www.economist.com/surveys/displaystory.cfm?story_id=7961938

    Here are some excerpts

    Most governments are easing restrictions on the entry of skilled workers. Some are going further and offering incentives. Germany has made it easier for skilled workers to get visas. Britain has offered more work permits for skilled migrants. France has introduced a “scientist visa”. Many countries are making it easier for foreign students to stay on after graduating. Canada and Australia have not only tilted their long-established points systems further towards the skilled, they have also introduced more incentives. Australia and New Zealand have created a ladder leading from universities to the workforce and then to permanent residence.

    Two economists, Fr�d�ric Docquier and Hillel Rapoport, estimate that average emigration rates worldwide are 0.9% for the low-skilled, 1.6% for the medium-skilled and 5.5% for the high-skilled. These rates have been accelerating far faster for the high-skilled group than for the rest. Skilled immigrants accounted for more than half of all admissions in Australia, Canada and New Zealand in 2001. The global war for talent is likely to intensify. Most developed countries are already struggling to find enough doctors and teachers, and are wondering how they will manage when the baby-boomer generation retires. Developing countries, for their part, realise that they will not be able to plug into the global knowledge economy unless they give their people the freedom to move around.
    http://www.economist.com/surveys/displayStory.cfm?story_id=7961894



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  • GC_SUCK
    10-27 11:03 AM
    I could not understand what you mean by "NON-RIR labors were being processed first compared to the RIR ones. "

    From AILA and immigration-law.com:

    "AILA has reported that the BECs are still processing April 2001 traditional cases for the traditional case track and it is not expected to move ahead for sometime due to the huge number of 245(i) cases which were filed in April 2001."

    I think we will not see a lot for Traditional Cases for a looong time.

    My NON-RIR - PD - 04/2002 is also stuck in BEC.


    Last i read was that the NON-RIR labors were being processed first compared to the RIR ones. So think twice before u take any decision.




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  • dwl800
    06-13 09:15 AM
    I wont be able to file for GC under STEM coz my I-140 was filed in EB-3 after 2 years of my Graduation but less than 3 years.



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  • imconfused
    05-27 08:46 AM
    any help?




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  • kevnss
    04-03 12:11 PM
    Great, thanks for the clarification.



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  • Mirage_GC
    06-23 05:18 PM
    I fully respect that retrogression and per country limits are bad for us and the US economy as the first and the foremost of H1B issues.

    But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.

    Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:

    1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
    2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
    3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.

    Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.

    I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.

    I trust this information will be perused and I will be available to given additional input.

    Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.

    I am articulating this for the benefit of one and many.




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  • 485user
    11-17 01:02 PM
    Hi Gurus,

    I have filled 485 on July 2nd. I have received receipts on Aug22 but my son 485 got rejected due to checks are not signed(my lawyer forgot to sign). CIS told me they sent back the 485 packet to my lawyer, but my lawyer is saying he did not received. On line status/ CIS officer told me to re-submit the file.
    I am trying to re-file. Is any body faced this type of problem? Did USCIS accepted the file? Whom should i send this file or is there specific person like "Supervisor" or "Manager"

    My lawyer is not supporting, he is giving hard time.

    I am waiting for your valuable response.

    Thanks
    485user



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  • eb2_immigrant
    08-01 05:30 PM
    I called USCIS to check the status of my pending I-485,PD-Dec2005. I was told they are processing applications with ND in July . My RD-2 July 2007 ,ND -28 Aug 2007.
    Since there was no email or online update about my approved AP,I-131, I asked rep to check the status out of curiosity, I was told that case is still pending and they are processing April 2008 applications.

    Here is the weird part; I received my approved AP 4 days back. How did that happen ????:eek::eek::eek: I donno.
    I know the online status is out of sync. My questions -Is this something I need worry about and call USICS to let them know that I have already received approved AP. I donno what�s going on with my other applications. Should I just wait to see the results in the mail and not rely on online status??
    Gurus and thopes pls help




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  • caprianurag
    11-06 09:27 AM
    Hi Guys

    I got two LUD's after FP.
    What does that signify?

    How do I know when my application has been sent to FBI for namecheck?

    Thanks

    -AJ



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  • raysaikat
    05-07 11:46 AM
    help me with this guys: My employer applied for an H-1B under the Master's cap, but I've been RFE'd. I think this is cause the job is classified as only requiring a Bachelor's degree. If that is the case, would it be possible to withdraw my application and reapply under the regular cap? Is this a good idea? And am I right that there are tougher requirements for being accepted in the Master's cap than the regular cap?

    I'm meeting with my boss tomorrow to discuss this so please reply quick!!!

    Yes, the job does not have to require an M.S. degree:

    http://www.murthy.com/news/n_faqh1b.html




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  • kewlchap
    11-07 11:21 PM
    Folks,

    I was current starting Sept 1 and did not get my GC till Oct second week. However, during the first week of Oct., I wrote a detailed letter to Secy. Napolitano and also to the Ombudsman. I got my GC subsequently. Yesterday, someone from USCIS called me and said that he was calling in response to my letter to Secy. Napolitano. He congratulated me on my GC and asked me if everything had gone OK and if he could close my letter out. Just thought that this information might help someone who is stuck in the queue of being current, but not getting a GC. Please file 7001 form with Ombudsman and contact Secy Napolitano if you are in this situation.



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  • anilsal
    01-11 11:42 AM
    do not worry about the middle name.




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  • santa123
    06-09 07:52 PM
    Hello Everyone,

    I must be newest member here. Our company attorney (fragomen) is going to file/send I-140 application today.

    I am excited to join the loooong queue forward!

    :p

    Since you applied recently, can you share the list of docs you sent to the attorneys for filing 140? are you EB2 or 3?



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  • loudobbs
    08-02 11:50 PM
    My AOS was filed June 29 th and I am waiting for the recipt notice.


    Now, as the AOS is filed, will it make a difference later on - filing AOS under EB2 would have got him the Green Card ealier?




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  • rkdnc9
    03-27 11:39 AM
    Thank you pal. Is it safe for her to apply for H4 while in India? or is better she apply after coming here? She wants to apply for H4 after coming to usa.




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  • bandhu
    02-03 01:53 PM
    I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
    Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
    Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
    Thanks a lot in advance.

    I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
    Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
    Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
    Thanks a lot in advance.




    manbeing
    12-27 06:48 PM
    but on my LCA, my lawyer entered 5/17 as my last day for continuous employment reason.(my first day in my current company was 5/18). Will that be a problem?


    All experience letters should indicate the last date of your employment as 5/15.




    moolivkkr
    07-19 03:18 PM
    Hi Guys,

    I just learnt about the news in Business week on starting discussions for increasing Visa Numbers to help alleviate our pain.
    Skilled Workers May See Green-Card Surge (Link:
    http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_068854.htm)

    With this in mind I was wondering whether we can compile list of victims of Immigration system based on state and send it to each senator asking for help in moving Skill bill and other pro-immigration reforms cleared.

    We can also indicate some on the main issues we are facing as a summary to each senator to make the people understand what kind of roller coaster our lives are

    Information that can be captured to indicate the wait time and different ways we are affected.

    Name, State, PD, approx Expected approval date (with approx 750000 thousand applications in July) and what effect this would cause on our lives

    A) Family torn apart (kids growing older than 21, etc)

    B) Cannot live the American dream by excelling in work to higher position and benefits for average 5 - 10 years - cannot change jobs or responsibilities

    C) Kids (mostly citizens of US) deprived of basic luxuries because parents cannot buy houses and cannot send them to private schools because of uncertainty in visa status. Most of them manage in rental homes and feel guilty for not able to provide the best for those innocent kids (US citizens)

    D) With this long waits, Could not purse higher education because of 6 years limit on H1 and no option to change employer after 6th year because of pending application.

    E) Most immigrants are eagerly waiting to start their businesses but are restricted because of visa status and the dream remains dream for most of them because of timing in market and personal life.

    F) Some of them are abused by employers who take advantage of the loop holes in the immigration system and long waiting times.

    G) Lose of revenue, most of the spouses are well educated and are not able to work because of H1 quota limits or no EAD and it takes on an average 3 -5 years before you get your EAD.

    More can be added based on others experiences.

    It would be great to get some information about Taxes paid (percentage) by immigrants,
    Number of businesses opened etc to make the case stronger.



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