waitnwatch
05-30 01:42 PM
Ideally all H1B people who are interested in immigrating will apply for GC around the 2nd or 3rd year of H1B.
If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.
The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.
Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.
Please see my previous post. I am talking about the new system which does not have the EB1/2/3 classification. Please do not confuse it with the existing system. Also under the new system you have 6 points for employer recommendation and 10 points for experience. So 1st year employees may not get either an employer recommendation or any points for work experience.
If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.
The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.
Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.
Please see my previous post. I am talking about the new system which does not have the EB1/2/3 classification. Please do not confuse it with the existing system. Also under the new system you have 6 points for employer recommendation and 10 points for experience. So 1st year employees may not get either an employer recommendation or any points for work experience.
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theperm
05-07 01:11 PM
bumping up~
GCisLottery
01-25 04:47 PM
Please do not quote T(oilet paper) o(f) I(ndia)
Seriously.
Seriously.
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sunray
10-07 03:57 PM
hi,
I am in a similar situation.
I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
I got the approval yesterday with a letter saying that my extension of stay has been rejected.
The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).
Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?
Any advice is valuable to me.
Thanks in advance.
I am in a similar situation.
I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
I got the approval yesterday with a letter saying that my extension of stay has been rejected.
The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).
Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?
Any advice is valuable to me.
Thanks in advance.
more...
nav_kri
04-01 08:01 PM
I got this in an email from Maple International
"Please be rest assured that this news is not April Fool's joke.
Today the Alberta immigration department announced that on April 15, 2009
the on-demand occupation list of Alberta will be changed. Any applications
postmarked before April 15, 2009 will be assessed based on the current list.
All applications postmarked on or after April 15, 2009 will be assessed
based on the revised list that will be posted on April 15, 2009.
The possible change
It is very possible that IT related occupations will be removed from the
on-demand list on April 15, 2009. The original intent of this Alberta
program was to recruit H-1B professionals from USA. The economy of Alberta
was booming in recent 5 years because of the discovery of huge oil reserve
in the northern part of the province. Alberta needs engineers such as
Chemical Engineers, Mechanical Engineers, Civil Engineers, etc to work for
its oil industry and its oil based economy.
However, it ended up that the overwhelming majority of applicants of this
Alberta program are IT consultants, programmers and software engineers in
USA. Alberta does need some IT professionals but it for sure does not need a
lot of them."
Is this true? I dont find any info related to this on Maple International website or Alberta Immigration website.
"Please be rest assured that this news is not April Fool's joke.
Today the Alberta immigration department announced that on April 15, 2009
the on-demand occupation list of Alberta will be changed. Any applications
postmarked before April 15, 2009 will be assessed based on the current list.
All applications postmarked on or after April 15, 2009 will be assessed
based on the revised list that will be posted on April 15, 2009.
The possible change
It is very possible that IT related occupations will be removed from the
on-demand list on April 15, 2009. The original intent of this Alberta
program was to recruit H-1B professionals from USA. The economy of Alberta
was booming in recent 5 years because of the discovery of huge oil reserve
in the northern part of the province. Alberta needs engineers such as
Chemical Engineers, Mechanical Engineers, Civil Engineers, etc to work for
its oil industry and its oil based economy.
However, it ended up that the overwhelming majority of applicants of this
Alberta program are IT consultants, programmers and software engineers in
USA. Alberta does need some IT professionals but it for sure does not need a
lot of them."
Is this true? I dont find any info related to this on Maple International website or Alberta Immigration website.
admin
04-08 09:22 AM
I have changed the title of this thread to make it less controversial.
more...
belmontboy
10-13 11:00 PM
If you are ugly, you could go in formal shirts & pants.
If you are smart and sexy, you could go naked! :D
If you are smart and sexy, you could go naked! :D
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arsh007
12-21 08:58 AM
Please let me know if Missouri members can participate on this conference. I am not aware if we have any local IV chapter in Missouri. Looking forward to your response.
more...
reddymjm
03-01 01:28 PM
Hello All,
I was wondering if someone could please explain what the processing dates mean.... For Texas 485 processing date is April 2007. Does this mean they are adjucating 485 applications received in April 2007? I am confused- does this mean that anyone who applied for AOS after april 2007 will not get their GC even if their PD is current? I am just trying to understand the process. Thanks in advance!
With no sense.
I was wondering if someone could please explain what the processing dates mean.... For Texas 485 processing date is April 2007. Does this mean they are adjucating 485 applications received in April 2007? I am confused- does this mean that anyone who applied for AOS after april 2007 will not get their GC even if their PD is current? I am just trying to understand the process. Thanks in advance!
With no sense.
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Hermione
10-02 11:50 AM
Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself?
The only real reason why your lawyer wanted you to apply for EAD is to collect their fees. If you are maintaining H1, there is no need to EAD. If you lose your job, you will most likely have time to get an EAD, or you may even end up doing an H1 transfer.
The only real reason why your lawyer wanted you to apply for EAD is to collect their fees. If you are maintaining H1, there is no need to EAD. If you lose your job, you will most likely have time to get an EAD, or you may even end up doing an H1 transfer.
more...
BumbleBee
08-23 06:03 PM
Is this category seen as one or is it split into many countries and if so how do you find out about a particular country within ROW?
Thanks
Its one single category(ROW). Otherwise the number won't add up
100/7 = ~15 countries :eek: , and there are well beyond 15 countries in the world(193 countries). I guess they will create a separate country category if that country runs over 7% limit set. otherwise those countries remain in ROW.
Does that sounds right?
BumbleBee
Thanks
Its one single category(ROW). Otherwise the number won't add up
100/7 = ~15 countries :eek: , and there are well beyond 15 countries in the world(193 countries). I guess they will create a separate country category if that country runs over 7% limit set. otherwise those countries remain in ROW.
Does that sounds right?
BumbleBee
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quizzer
04-27 06:01 PM
Are they going to discuss all the bills in last week of May or just the Hagel Bill.
I know CIR as such is going to be discussed in the senate in last 2 weeks of May.
What about CIR in house? Will it follow after senate?
I know CIR as such is going to be discussed in the senate in last 2 weeks of May.
What about CIR in house? Will it follow after senate?
more...
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Blog Feeds
09-29 08:10 PM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhbPSHpBUQ-DUrX8VaEcHuCltshCeZXrcs_RqlieZpQQC8e04q0m2eBBdOUOfBO7uS2Iz0iQr28-3fiTWkghxqypvROlGwShpTLQ3iAt_EEDR66vcrhVM4zLAXo2vWN22e-JASN3mmf2J8/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhbPSHpBUQ-DUrX8VaEcHuCltshCeZXrcs_RqlieZpQQC8e04q0m2eBBdOUOfBO7uS2Iz0iQr28-3fiTWkghxqypvROlGwShpTLQ3iAt_EEDR66vcrhVM4zLAXo2vWN22e-JASN3mmf2J8/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhbPSHpBUQ-DUrX8VaEcHuCltshCeZXrcs_RqlieZpQQC8e04q0m2eBBdOUOfBO7uS2Iz0iQr28-3fiTWkghxqypvROlGwShpTLQ3iAt_EEDR66vcrhVM4zLAXo2vWN22e-JASN3mmf2J8/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhbPSHpBUQ-DUrX8VaEcHuCltshCeZXrcs_RqlieZpQQC8e04q0m2eBBdOUOfBO7uS2Iz0iQr28-3fiTWkghxqypvROlGwShpTLQ3iAt_EEDR66vcrhVM4zLAXo2vWN22e-JASN3mmf2J8/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
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waitnwatch
01-03 01:29 PM
I got my H1-B renewed in November from Kolkata.....I had to submit additional information under 221(g). The consular officer specifically told me that it takes about 2 weeks and that was exactly what it took.
One advice....try to show how your work and expertise has nothing to do any security related stuff. This is of course my own interpretation.
I am trying to get a handle on recent 221g processing times..it seems like a routine exercise and we are submitting the requested information..however, if it is delayed for too long, we may use advance parole..
One advice....try to show how your work and expertise has nothing to do any security related stuff. This is of course my own interpretation.
I am trying to get a handle on recent 221g processing times..it seems like a routine exercise and we are submitting the requested information..however, if it is delayed for too long, we may use advance parole..
more...
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linuxra
07-22 11:56 AM
I submitted RFE with all necessary documents from my side everything is ok...
i got an email that my docs recieved and rfe docs recieved...
thats it nothing recieved after that and my pd is current next month
i got an email that my docs recieved and rfe docs recieved...
thats it nothing recieved after that and my pd is current next month
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badluck
06-22 09:41 AM
TB test should be positive or nigative. does it make any different in immigration
any responce
any responce
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ash27
04-02 04:35 PM
Could somebody please advice if contract work on W2 as a primary employment is ok?
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SureShot
06-05 11:22 AM
You should all be very proud of yourselves.
These are the biggest pieces of S**T I have ever seen! Congrats!
These are the biggest pieces of S**T I have ever seen! Congrats!
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pbojja
02-26 04:45 PM
If you call a nurse help line and tell them that "my kid living farfaraway city, he is sick, what options do I have to make him recover?" - The answer would be take him to a doctor. Same analogy applies here, Just mentioning 'some more document', 'doubts', 'working on getting those documents' does not give any of us the big picture. Consult an attorney and decide your course of action.
wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .
What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .
I know every one wants to help others in our community but think twice before replying
wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .
What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .
I know every one wants to help others in our community but think twice before replying
dealsnet
04-15 05:18 PM
You are correct. He have no option. Find a job, go back and tell them to do process the H1B, and do consular interview and stamping and come clean. You may have difficulty in approving the petition, or the process may take several months.
What you did a big mistake to ditch a company and go to a sucker. You are not supposed to start with the new company till you get the RECEIPT NOTICE after file for H1B. THAT IS A MISTAKE AND YOU ARE DID ILLEGAL ACTIVITY/JOB FROM THAT POINT OF TIME.
You have no choice but leave US immediately, go for CP, declare your overstay in the DS156 form, come clean to the VO and hope they forgive it.
Good Luck!
What you did a big mistake to ditch a company and go to a sucker. You are not supposed to start with the new company till you get the RECEIPT NOTICE after file for H1B. THAT IS A MISTAKE AND YOU ARE DID ILLEGAL ACTIVITY/JOB FROM THAT POINT OF TIME.
You have no choice but leave US immediately, go for CP, declare your overstay in the DS156 form, come clean to the VO and hope they forgive it.
Good Luck!
roseball
04-04 03:25 PM
Good find...Something is happening...So GCs for most of us soon without the need for any visa number availability rule? One can only wait N watch...
Nothing to get excited about. As far as I know, USCIS definition of backlog does not include cases waiting for visa number availability...But surely, this will be a great relief for people whose dates have been current for a long time but for some reason USCIS has put their cases under admin processing...
Nothing to get excited about. As far as I know, USCIS definition of backlog does not include cases waiting for visa number availability...But surely, this will be a great relief for people whose dates have been current for a long time but for some reason USCIS has put their cases under admin processing...
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