samay
07-28 04:25 PM
question for lawyer.
please find my details and dates as per below. my questions are as below.
thank you
First H1b approval Date:08/28/2001
First H1b Stamp: 12/04/2001
first H1 transfer:notice date: 05/16/2002
first H1 Transfer approval date:09/25/2002
second H1 Transfer Notice Date:03/20/2004
Second H1 Transfer Approval Date: 09/10/2004
First Permanant Labor Apply date: 02/28/2005
H1 Extention on second H1 transfer:04/01/2007 to 03/31/2010
Filled I-140 in March 2005 after Labor approval from backlog centre.
filled I-485 in July 2007.
Got RFE on Ability to Pay in sep 2007
Filled Motion to reopen which got denied.
Another Company filled Labor in March 2008.
Labor got approved in May 2008.
Filling I-140 in primium ?????
question:
H1 expiring in March 2010. will my H1b get extended based on the new Labor even if the labor was filled after the six years limit?
do you think filling I-140 in primium will help in this situation?
Does the out come of I-140 affect any other new application from another or same employer?
Your case is a bit complicated and to answer your question I will have to look at your papers and the reason why your motion to reopen was denied. If you want a consult with me please take an appointment by going through Pappu. Thanks.
please find my details and dates as per below. my questions are as below.
thank you
First H1b approval Date:08/28/2001
First H1b Stamp: 12/04/2001
first H1 transfer:notice date: 05/16/2002
first H1 Transfer approval date:09/25/2002
second H1 Transfer Notice Date:03/20/2004
Second H1 Transfer Approval Date: 09/10/2004
First Permanant Labor Apply date: 02/28/2005
H1 Extention on second H1 transfer:04/01/2007 to 03/31/2010
Filled I-140 in March 2005 after Labor approval from backlog centre.
filled I-485 in July 2007.
Got RFE on Ability to Pay in sep 2007
Filled Motion to reopen which got denied.
Another Company filled Labor in March 2008.
Labor got approved in May 2008.
Filling I-140 in primium ?????
question:
H1 expiring in March 2010. will my H1b get extended based on the new Labor even if the labor was filled after the six years limit?
do you think filling I-140 in primium will help in this situation?
Does the out come of I-140 affect any other new application from another or same employer?
Your case is a bit complicated and to answer your question I will have to look at your papers and the reason why your motion to reopen was denied. If you want a consult with me please take an appointment by going through Pappu. Thanks.
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samay
08-25 02:55 PM
Dear Immigration Attorney,
Can I out of US with old AP and returned with new (renewed) AP?
You don't need to show the AP at the time you leave the country.
Can I out of US with old AP and returned with new (renewed) AP?
You don't need to show the AP at the time you leave the country.
El_Guapo
01-14 01:59 PM
LOL.....I see where this is headed. We will all post on these threads and whine and complain, just like we do with the visa bulletin. And then in about a week's time, it will all die and no one will bother about this memo. We will "accept" whatever is offered to us. But I am sure within the next week, you can see 10 different threads with people talking about stuff such as "Gandhigiri", "Flower" campaign, "Hunger Strike", "Lawsuit", "Email Campaign", "Letter Campaign", "Phone Campaign", etc.....Don't worry, nothing will materialize and all these will die down. We as Immigrants have learned to accept everything and never fight back :)
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god_bless_you
10-23 02:33 PM
Hello everyone.
I was wondering if someone could point me to how exactly labor substitution works.
Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.
If someone has any article on labor substitution and how it works please post it on here.
Check Immigration Portal forums Labor certification .. Preapproved LC
Labor substitution Pros Con's etc.. widely discussed there...
http://www.immigrationportal.com/showthread.php?t=123495
I was wondering if someone could point me to how exactly labor substitution works.
Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.
If someone has any article on labor substitution and how it works please post it on here.
Check Immigration Portal forums Labor certification .. Preapproved LC
Labor substitution Pros Con's etc.. widely discussed there...
http://www.immigrationportal.com/showthread.php?t=123495
more...
gc_on_demand
08-04 11:49 AM
I don't think USCIS has any idea as to how much "enough" visa they have....They function randomly...so plz dont draw any conclusions from who is getting a GC now. It could be the last person filed with latest PD while everyone else waits for their GC!
Just wait and watch. Sept dates will throw some light as to how much of the available visas have they used. (if all, PD will be U, If most/majority: PD will stay same, if less than half: PD will move forward--may be C:p)
What will be picture if we get some Family based unsed visa into Pool ?
Just wait and watch. Sept dates will throw some light as to how much of the available visas have they used. (if all, PD will be U, If most/majority: PD will stay same, if less than half: PD will move forward--may be C:p)
What will be picture if we get some Family based unsed visa into Pool ?
Macaca
07-03 09:50 PM
age out situations for children too ....I think that affects lot of people too..I am single and dont have kids :D
I don't know about it. Anyone with details should post summary.
I think it is not relevent for EAD/AP but we can use it when we need it
I don't know about it. Anyone with details should post summary.
I think it is not relevent for EAD/AP but we can use it when we need it
more...
la6470
01-16 03:10 PM
How else is a consulting company supposed to work - if they do not send their consultants to client site? Consulting is not always a one month affair - all IT organizations need long term consulting on permanent basis from subject matter experts. Again I know for sure that this is a misguided memo from some folks in USCIS who has no practical understanding of the complexity of modern IT organizations.
I am posting this again because I want the discussion to focus back on what is really important and not soothe someone's personal ego.
I am posting this again because I want the discussion to focus back on what is really important and not soothe someone's personal ego.
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roseball
01-13 04:43 PM
Is this some thing needs to pass or in proposal or already effected since the date they published on the website?
I have not ready the doc.
This is neither a proposal nor a bill that needs to go through the process. Its a memo to the USCIS service centers providing clarity on whats an employer-employee relationship means for a H1 petition to be considered for approval. The memo claims there was no clarity on what constitutes a fair employer-employee relationship and provides guidance to the USCIS service centers to follow the memo in processing all H1 applications. So technically, I would assume it is effective on the date it was released.
I have not ready the doc.
This is neither a proposal nor a bill that needs to go through the process. Its a memo to the USCIS service centers providing clarity on whats an employer-employee relationship means for a H1 petition to be considered for approval. The memo claims there was no clarity on what constitutes a fair employer-employee relationship and provides guidance to the USCIS service centers to follow the memo in processing all H1 applications. So technically, I would assume it is effective on the date it was released.
more...
vdlrao
07-24 09:20 PM
The July 2008 Visa Bulletin has said Exactly the same, but in different words, what I have been saying for the past few months about the EB2-India and EB3-India Movements.
EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to EB2 India,because the spill overs will be alloted based on the priority of old PD(Priority Date). By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is it touch 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.
For all Eb3s along with EB2s with PD after April 2005, the movement in the coming visa bulletins wont be much encoraging unless the new Obama government does something significant about employent based category or immigrationvoice does a fruitful lobbying. The doings of something by obama government to employment based category is not in our hands. The only thing we could do is to help IV and help ourrselves by contributing to it to reach its financial target for better lobbying. Or else wait for the Visa Bulletin every month with great hopes, sorry dreams, for your PD to become current, and satisfy with your EADs for years ahead.
Please find the earlier post about Eb2 India and EB3 India movement on Jun 10th 2008 and the comments of our members.
http://immigrationvoice.org/forum/showthread.php?t=4285&highlight=vdlrao&page=102
EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to EB2 India,because the spill overs will be alloted based on the priority of old PD(Priority Date). By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is it touch 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.
For all Eb3s along with EB2s with PD after April 2005, the movement in the coming visa bulletins wont be much encoraging unless the new Obama government does something significant about employent based category or immigrationvoice does a fruitful lobbying. The doings of something by obama government to employment based category is not in our hands. The only thing we could do is to help IV and help ourrselves by contributing to it to reach its financial target for better lobbying. Or else wait for the Visa Bulletin every month with great hopes, sorry dreams, for your PD to become current, and satisfy with your EADs for years ahead.
Please find the earlier post about Eb2 India and EB3 India movement on Jun 10th 2008 and the comments of our members.
http://immigrationvoice.org/forum/showthread.php?t=4285&highlight=vdlrao&page=102
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indiancitizen77
08-28 09:56 PM
Thanks for the advice and insight about the situation in Canada. Much appreciate your input.
more...
gonecrazyonh4
03-16 12:23 PM
All the people in the piple line are saved, but atleast it will prevent further misuse of this loophole.
There should be some enquiry or auditing done on the old LC substituion cases and green cards revoked for those whose received theirs illegally and those visa numbers added back (wishful thinking).
Any auditing done on these cases would reveal lots of scams and possibily avert others from being unscrupulous.
Its so unfair that people jumb ahead of the que for upto 5 years using LC substitution.
There should be some enquiry or auditing done on the old LC substituion cases and green cards revoked for those whose received theirs illegally and those visa numbers added back (wishful thinking).
Any auditing done on these cases would reveal lots of scams and possibily avert others from being unscrupulous.
Its so unfair that people jumb ahead of the que for upto 5 years using LC substitution.
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darslee
07-03 10:24 PM
I don't know about it. Anyone with details should post summary.
I think it is not relevent for EAD/AP but we can use it when we need it
Once a child turns 21 he/she can no longer be filed with the primary applicant. However, once the I485 is filed with USCIS the child is regarded as "safe" regardless of how long the USCIS takes to ajudicate the I485.
I have that very situation. My son turn 21 in mid-January 2008. The original July brought great relief from years of worrying about whether our PD would become "current" in time. We scrambled to get ready to file 2nd July, only to have everything collapse around us again. :(
Hope the info clarifies the "age out" situation!
I think it is not relevent for EAD/AP but we can use it when we need it
Once a child turns 21 he/she can no longer be filed with the primary applicant. However, once the I485 is filed with USCIS the child is regarded as "safe" regardless of how long the USCIS takes to ajudicate the I485.
I have that very situation. My son turn 21 in mid-January 2008. The original July brought great relief from years of worrying about whether our PD would become "current" in time. We scrambled to get ready to file 2nd July, only to have everything collapse around us again. :(
Hope the info clarifies the "age out" situation!
more...
house Does Justin Bieber have the
sk2006
08-15 07:14 PM
I completely agree with you that we should never forget our roots or our motherland. India is far better than US when it comes to family values and many other things. However, this story has nothing to do about standing up for our own country/motherland. Every person who has a common name with terrorist names has had troubles at POE since 9/11. So who cares if he is SRK or anyone for that matter. When Colin Powell was the chief of security under Bush administration he had to go through airport security just like any other common person. The TSA here in US treats everyone the same. Do you think ministers or celebrities in India follow any security procedures ? Every now and then you hear of ministers and celebrities involved in smuggling scandals.
There are good and bad things about every nation. IMHO, security procedures in US are the far better than India and apply the same way to everyone unlike in India. If you are so concerned about standing up for your motherland, what are you doing in the US ? Should I be calling you a traitor ? My point is, this case of SRK has nothing to do with loyality to motherland or racism. It is an unfortunate aftermath of 9/11 and we all know its been happening at POE.
I think this is a very good post.
To add to this:
This incident has nothing to do with India. It just happened that SRK was from India.
After 9/11 we all know security measures are tight and rightly so.
For them it does not matter if it is
1. SR Khan who works in movies or
2. XYZ Khan who is a computer programmer or a cab driver.
If the name flashes in the computers they do the required checks.
Do you feel people with Muslim sounding names are targeted more?
No wonder, it is likely. DO NOT Blame USA TSA for that. Blame Osama Bin Laden for putting innocent Muslims through this.
There are good and bad things about every nation. IMHO, security procedures in US are the far better than India and apply the same way to everyone unlike in India. If you are so concerned about standing up for your motherland, what are you doing in the US ? Should I be calling you a traitor ? My point is, this case of SRK has nothing to do with loyality to motherland or racism. It is an unfortunate aftermath of 9/11 and we all know its been happening at POE.
I think this is a very good post.
To add to this:
This incident has nothing to do with India. It just happened that SRK was from India.
After 9/11 we all know security measures are tight and rightly so.
For them it does not matter if it is
1. SR Khan who works in movies or
2. XYZ Khan who is a computer programmer or a cab driver.
If the name flashes in the computers they do the required checks.
Do you feel people with Muslim sounding names are targeted more?
No wonder, it is likely. DO NOT Blame USA TSA for that. Blame Osama Bin Laden for putting innocent Muslims through this.
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STAmisha
10-04 04:53 PM
STAmisha,
How long did it take for you? and where did you file your application?
Applied Jan 2005 (Bufallo)
AOR March 28 2006
IA (interview waiver) Feb 2006
Medical done + RPRF + documents April 2006
PPR Aug 2006
Visa received Sep 2006
Yeah I got my visa received. I have to land in Canada to get the PR card
How long did it take for you? and where did you file your application?
Applied Jan 2005 (Bufallo)
AOR March 28 2006
IA (interview waiver) Feb 2006
Medical done + RPRF + documents April 2006
PPR Aug 2006
Visa received Sep 2006
Yeah I got my visa received. I have to land in Canada to get the PR card
more...
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kaisersose
02-13 11:03 AM
Wake up, buddy. This is IV. Not !
Removal of Country caps was, is and will be one of the top agendas of IV , whether beneficiaries of a discriminatory system like you support it or not. It's morally and ethically repugnant to see discrimination based on country of birth in the 21st century. Just because it benefits some like you, it doesn't become right.
Employability has nothing to do with Country of Birth. When we are selected based on merit, skill and education by our employer, why should we suffer just because we are born in the wrong country?
It's time to throw away this last vestige of discrimination inherited from the previous centuries and move to a future where every individual is valued for what he/she is individually and not based on whether he was born in India or Sri Lanka.
Dude,
Read my post again.
I am not saying it is a bad thing (not for us desis). All I am saying is *every* country in ROW will oppose removing country cap and they have explicitly said so on . They would have said as much here too, if we had more diversity on this forum.
It is not about right or wrong, ti is just the way it is. The UK guy can come in to the US today for employment and can have a GC in a year or two. Why on earth will he support a change that will push him into a 10 year queue?
The point is, we should know where we stand when we are taking up removal of country cap. Unlike the other changes whic hare benefical to all GC aspirants, this is one change that will be opposed by several GC aspirants.
Removal of Country caps was, is and will be one of the top agendas of IV , whether beneficiaries of a discriminatory system like you support it or not. It's morally and ethically repugnant to see discrimination based on country of birth in the 21st century. Just because it benefits some like you, it doesn't become right.
Employability has nothing to do with Country of Birth. When we are selected based on merit, skill and education by our employer, why should we suffer just because we are born in the wrong country?
It's time to throw away this last vestige of discrimination inherited from the previous centuries and move to a future where every individual is valued for what he/she is individually and not based on whether he was born in India or Sri Lanka.
Dude,
Read my post again.
I am not saying it is a bad thing (not for us desis). All I am saying is *every* country in ROW will oppose removing country cap and they have explicitly said so on . They would have said as much here too, if we had more diversity on this forum.
It is not about right or wrong, ti is just the way it is. The UK guy can come in to the US today for employment and can have a GC in a year or two. Why on earth will he support a change that will push him into a 10 year queue?
The point is, we should know where we stand when we are taking up removal of country cap. Unlike the other changes whic hare benefical to all GC aspirants, this is one change that will be opposed by several GC aspirants.
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vjkypally
09-15 08:39 AM
We need to fight against this fraud by outsourcing companies who file for EB1 for their so called managers. IV needs to take this up with USCIS.Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
more...
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bestia
02-16 02:32 PM
dear Bestia, I don't recall anyone calling the situation you described racism. I for one said it's human nature's favorism and, like it or not, it does jeopordize diversity, so you will have a hard time convincing US to let go something it wants for the sake of something else just because it's better for you.
...
I still fail to see how country caps on Employment Based immigration serve the purpose of diversity. Look, people from India/China with H1B visas and pending AOS applications are already here, right? They are here and will be here regardless of whether they get GCs now or after 10 years. Many of them bought houses, have families, American born kids. How making them wait for years is gonna serve the purpose of diversity? You think if an Indian guy will be using AC21/EAD for years, going to finger printing every year, going through secondary security check on airports, in time he is gonna evolve into something less Indian? It's gonna be the same people but with different documents in their pockets.
For diversity purposes there is lottery, and the purpose of that lottery is exactly that - the diversity. Also, if the government wants diversity, they should have immigration program like Canada has. Where people are issued permanent residency BEFORE coming to the country and spending years working for that country.
...
I still fail to see how country caps on Employment Based immigration serve the purpose of diversity. Look, people from India/China with H1B visas and pending AOS applications are already here, right? They are here and will be here regardless of whether they get GCs now or after 10 years. Many of them bought houses, have families, American born kids. How making them wait for years is gonna serve the purpose of diversity? You think if an Indian guy will be using AC21/EAD for years, going to finger printing every year, going through secondary security check on airports, in time he is gonna evolve into something less Indian? It's gonna be the same people but with different documents in their pockets.
For diversity purposes there is lottery, and the purpose of that lottery is exactly that - the diversity. Also, if the government wants diversity, they should have immigration program like Canada has. Where people are issued permanent residency BEFORE coming to the country and spending years working for that country.
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rajeev_74
09-24 06:59 AM
for people who own or will buy homes ? We could also say that this can come from recapture but only for already or potential home owners...
brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.
brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.
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rock
05-25 12:41 PM
Did you send your web fax today?
Please do
Thank you
Have you got the Canadina PR? If yes, how much time it took for you get the canadian PR? I believe we need to write the english test also to apply for Canadian PR.
Please do
Thank you
Have you got the Canadina PR? If yes, how much time it took for you get the canadian PR? I believe we need to write the english test also to apply for Canadian PR.
suresh73
04-20 10:12 AM
I am working for Company A and company B wanted to provide me with pre-approved labor of EB2 category with priority date in July 2002. The Company B's pre-approved EB2 labor was for a Master degree with salary of 80K. I have only bachelor Degree but with more than 8 years of experience in IT. My I-140 has been approved with the present employer company A but it is EB3.
Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.
Thank you.
Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.
Thank you.
user1205
02-12 01:30 PM
I haven't seen the ROW dates to be current since 2005 when everything got retrogressed (except the crazy thing that happened last summer).
As far as I know there were A LOT more cases approved in that July fiasco that were from India, I believe the number in June/July was about 3 times the anual quota.
I know you're probably VERY frustrated because of the ROW move while the India cutoff dates are still in 2001 but please don't start the discussion on ROW vs India/Chiana. It's not helping anybody.
I agree that country quotas are wrong and the number of GC per year is ridiculous. But getting people to argue against eachother is not a solution. Supporting the legislative/admin changes is (and I know you've done A LOT to make things happen)
The thing is, as long as there is this per-country quota rationing of green cards, ROW folks will keep moving to the HOV lane and each year, in Oct to Dec timeframe their dates will get current and they will get GCs.
As far as I know there were A LOT more cases approved in that July fiasco that were from India, I believe the number in June/July was about 3 times the anual quota.
I know you're probably VERY frustrated because of the ROW move while the India cutoff dates are still in 2001 but please don't start the discussion on ROW vs India/Chiana. It's not helping anybody.
I agree that country quotas are wrong and the number of GC per year is ridiculous. But getting people to argue against eachother is not a solution. Supporting the legislative/admin changes is (and I know you've done A LOT to make things happen)
The thing is, as long as there is this per-country quota rationing of green cards, ROW folks will keep moving to the HOV lane and each year, in Oct to Dec timeframe their dates will get current and they will get GCs.