H1bslave
11-19 01:56 PM
Is this still an active topic? or its dead? Are there people with US Master - STEM who are willing to come forward?
I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx less number of people in front of who don't qualify for this so their turn will come sooner.
any leads?
I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx less number of people in front of who don't qualify for this so their turn will come sooner.
any leads?
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kaisersose
08-24 10:42 AM
I still don't get it. There are around 300k AOS applications now pending. Given that there are only 10k EB based green cards for India, and I am sure there are more applications than 10k for FY2008 and still Visa bulletin for Oct indicates a date of Apr 2004. Should it not be "U" for the entire FY2008?
No.
There are 2 agencies involved here - DOS and USCIS. Visa numbers and cut-off dates are owned by DOS. 485 applications are held and processed by USCIS as and when visa numbers are released by DOS.
No.
There are 2 agencies involved here - DOS and USCIS. Visa numbers and cut-off dates are owned by DOS. 485 applications are held and processed by USCIS as and when visa numbers are released by DOS.
santb1975
01-11 08:37 AM
Real threads have to stay on top
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aroranuj
04-19 12:59 PM
The 1 year of BCom was not required to enroll in the Diploma. However since my field of expertise is Management we were able to combine the 1st year of BCom with my 3 years of Diploma of XYZ Management. My Labor Cert also states that academic studies equivalent to a US Bachelors.
It is important that everyone understand that each case is different. In this case was the 1 year of the BCom required for admission into the diploma program? Otherwise in my opinion (and anything can happen with any one adjudicator at USCIS) it souns like you are combining, which is allowed for EB3 when so stated on the Labor Cert.
It is important that everyone understand that each case is different. In this case was the 1 year of the BCom required for admission into the diploma program? Otherwise in my opinion (and anything can happen with any one adjudicator at USCIS) it souns like you are combining, which is allowed for EB3 when so stated on the Labor Cert.
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Brightsider
06-02 10:30 AM
Guys,
Spread the word.
The bill is slipping in its position.....rather, others are overtaking.
Let us tell our friends and colleagues, and encourage and urge them to vote and support.
God Bless US
Spread the word.
The bill is slipping in its position.....rather, others are overtaking.
Let us tell our friends and colleagues, and encourage and urge them to vote and support.
God Bless US
Macaca
09-01 10:17 PM
Based on this, GC holders with 40 work credits (that is, 10 years of US work experience) and reside in any of the 50 US states are eligible for SS, if they satisfy age and other requirements.
It is possible that the the articles I read assumed that it will take 10 years to get citizenship. I have read this remark more then once.
I will not be able locate the articles but keep in mind in the following articles. I have put a question mark on my original post.
It is possible that the the articles I read assumed that it will take 10 years to get citizenship. I have read this remark more then once.
I will not be able locate the articles but keep in mind in the following articles. I have put a question mark on my original post.
more...
indio0617
12-20 01:41 PM
Hi everyone,
I read the memo in details as it directly applies to my wife's ability to work and my ability to extend H1. Here is the analysis (I have excluded L visa part). But before that, I would like to acknowledge the works of this "the" person. They dont know how much their post means to others. Thank you so much for digging this out.
1) Husband H1, wife H4 (or vice versa) in 7th year. Wife can now work on a new H1. Her H1 will be valid for a new six year period. She can start work on 1st October 2007 if this is her first H1 and is aproved.
2) If wife had old H1, and say she worked for 1 year and stopped after completing 6 years on H1+H4. She can now transfer old H1 and work for 5 more years.
3) Say, wife starts work and husband loses job. Wife is now H1 and husband is on H4 - they can continue like this till wife's H1 validity period or till the family's GC is approved.
4) Husband H1 + wife H4 in 7th year (assuming GC in progress) and leave the country and stay outside USA. Husband gets transfer back to USA OR gets a new job in USA. Husaband or wife not in any H or L status at this time. They can still use the old H1 and GC process dates to get H1 extension for old H1.
5) H1 employee worked for 2 years and left USA. At any time (not just October), he can use old H1 for transfer and continue for 4 more years OR he can opt for a new 6 year period after 1 year stay outside USA.
Other provisions are for L1/L2 (which I skipped) and for preventing fraud when a person gets H1 and parks his family in US but the person remains outside USA. The memo states that H4 members should be in USA only to accompany the H1 member (provided H1 is in USA and in valid state).
Hope this helps to all. If you have read the memo and if you have anything to add please do so. This is probably the only positive news for H1, H4, GC this year.
Nilcritz:
Very precise analysis. Thanks for posting this one.
I read the memo in details as it directly applies to my wife's ability to work and my ability to extend H1. Here is the analysis (I have excluded L visa part). But before that, I would like to acknowledge the works of this "the" person. They dont know how much their post means to others. Thank you so much for digging this out.
1) Husband H1, wife H4 (or vice versa) in 7th year. Wife can now work on a new H1. Her H1 will be valid for a new six year period. She can start work on 1st October 2007 if this is her first H1 and is aproved.
2) If wife had old H1, and say she worked for 1 year and stopped after completing 6 years on H1+H4. She can now transfer old H1 and work for 5 more years.
3) Say, wife starts work and husband loses job. Wife is now H1 and husband is on H4 - they can continue like this till wife's H1 validity period or till the family's GC is approved.
4) Husband H1 + wife H4 in 7th year (assuming GC in progress) and leave the country and stay outside USA. Husband gets transfer back to USA OR gets a new job in USA. Husaband or wife not in any H or L status at this time. They can still use the old H1 and GC process dates to get H1 extension for old H1.
5) H1 employee worked for 2 years and left USA. At any time (not just October), he can use old H1 for transfer and continue for 4 more years OR he can opt for a new 6 year period after 1 year stay outside USA.
Other provisions are for L1/L2 (which I skipped) and for preventing fraud when a person gets H1 and parks his family in US but the person remains outside USA. The memo states that H4 members should be in USA only to accompany the H1 member (provided H1 is in USA and in valid state).
Hope this helps to all. If you have read the memo and if you have anything to add please do so. This is probably the only positive news for H1, H4, GC this year.
Nilcritz:
Very precise analysis. Thanks for posting this one.
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mallu
02-20 04:46 PM
Can anybody estimate out of the 47000 identified cases that is affected by Name Check...
How many are real old PD's like
Prior to 2003
Between 2003 and 2005
Between 2005 and 2007
India / China / Mexico / ROW
.
How many are real old PD's like
Prior to 2003
Between 2003 and 2005
Between 2005 and 2007
India / China / Mexico / ROW
.
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kghoshal
12-21 11:47 PM
Indeed it was great Christmas new. At last.
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willwin
02-20 01:06 PM
judging by how much class you're displaying sorry to say your pet dog deserves a gc more than you do. :p
Mantric, you are absolutely right. Also, I am totally agree with your points and whatever you have mentioned in your message is appreciable.
LOL. What a punch!!!
Mantric, you are absolutely right. Also, I am totally agree with your points and whatever you have mentioned in your message is appreciable.
LOL. What a punch!!!
more...
gc28262
03-11 10:20 PM
Consulate officers and immigration officers at port of entry are two different categories including their education background, training etc...dont compare them. Consulate officers are first line of defence which has to be good at detecting problems.
I have no interest in your employment setup...question is -Are you paid while you are on vacation or [off project and still in this country]. And Whether that would be treated as valid employment for H1 candidate by the book of law.
If employees are not reporting fraud commited by employer because the employee want to come to US..then they are party to the fraud and hence Consulate are trying to ensure that valid employments are allowed.
If they have comeup with some requirements it would have been based on analysis of fraud reported by USCIS's H1B program itself + ICS raids + others.....
If the H1 petition says your annual salary is X and your W2 show less than that how do you explain it? It implies either your were out of work or paid-less than promised which implies that there is a potential of employer committing a fraud....
with me?
Are any of these happening with you ? If so report to USCIS.
If not, why do you assume it happens with others.
Does it make you feel better ? Or are you a follower of Mahatma Gandhi/Mother Teresa that you earn justice to be done to others not you ?
I know the motivation behind your arguments. Do I need to mention it ? everyone on this forum understands that.
Don't be so selfish.
I have no interest in your employment setup...question is -Are you paid while you are on vacation or [off project and still in this country]. And Whether that would be treated as valid employment for H1 candidate by the book of law.
If employees are not reporting fraud commited by employer because the employee want to come to US..then they are party to the fraud and hence Consulate are trying to ensure that valid employments are allowed.
If they have comeup with some requirements it would have been based on analysis of fraud reported by USCIS's H1B program itself + ICS raids + others.....
If the H1 petition says your annual salary is X and your W2 show less than that how do you explain it? It implies either your were out of work or paid-less than promised which implies that there is a potential of employer committing a fraud....
with me?
Are any of these happening with you ? If so report to USCIS.
If not, why do you assume it happens with others.
Does it make you feel better ? Or are you a follower of Mahatma Gandhi/Mother Teresa that you earn justice to be done to others not you ?
I know the motivation behind your arguments. Do I need to mention it ? everyone on this forum understands that.
Don't be so selfish.
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pappu
12-01 09:00 AM
I have my Automobile and Home insurance through Amica. But they declined to give me a Life Insurance Quote because i am not a citizen or a GC holder. They are ready to insure the cars I drive and the house i live in, but not me.
I am not too happy with this scenario and i have sent an email to them asking reasons on why they cannot accept my life insurance. After all i will be paying them right. If i dont get a valid response from them i will be going to somebody who is not impartial to Resident Aliens (PPL on Visas)
May be another point to add to our Debate.
Go to know this. Has anyone experienced problems with health insurance too. Especially health insurance taken by individuals themselves rather then provided by employers?
I am not too happy with this scenario and i have sent an email to them asking reasons on why they cannot accept my life insurance. After all i will be paying them right. If i dont get a valid response from them i will be going to somebody who is not impartial to Resident Aliens (PPL on Visas)
May be another point to add to our Debate.
Go to know this. Has anyone experienced problems with health insurance too. Especially health insurance taken by individuals themselves rather then provided by employers?
more...
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Jaime
05-25 10:47 PM
People complain that Canada is cold and Canada has low wages and racism...excuse me one sec
Canada is no colder than Chicago and low wages go to people with lower skills or no North American experience. If you have US experience and a good degree and speak English, then Canada can be heaven for you. If you just like a place because of the weather, then let's talk about Australia, which is almost as good as Canada, also has a immigration system based on points and has amazing beaches!
A friend of mine from Mexico is making 10,000 (yes, ten thousand) US a month in TO.
And on a scale of 1 to 10, Canadians score a 4 in racism where Americans score a 7 (my own estimate based on my countles visits and extended stay in both countries)
Canada is no colder than Chicago and low wages go to people with lower skills or no North American experience. If you have US experience and a good degree and speak English, then Canada can be heaven for you. If you just like a place because of the weather, then let's talk about Australia, which is almost as good as Canada, also has a immigration system based on points and has amazing beaches!
A friend of mine from Mexico is making 10,000 (yes, ten thousand) US a month in TO.
And on a scale of 1 to 10, Canadians score a 4 in racism where Americans score a 7 (my own estimate based on my countles visits and extended stay in both countries)
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desighee
07-25 04:47 PM
Take a chill pill.
GC is an american dream and like any american dream it is just a dream that remains a dream for most of the ordinary people.Even if you get a gc it wouldn't make u a millionare.
Instead think about starting some good business and forever get out the clutches of the "law of ordinary people" which states that if you are a reqular person u'll continue to be so in any society untill you die and will find some way to make your life miserable.Hence if not GC tomorrow u'll complain about money and later missing India etc etc
GC is an american dream and like any american dream it is just a dream that remains a dream for most of the ordinary people.Even if you get a gc it wouldn't make u a millionare.
Instead think about starting some good business and forever get out the clutches of the "law of ordinary people" which states that if you are a reqular person u'll continue to be so in any society untill you die and will find some way to make your life miserable.Hence if not GC tomorrow u'll complain about money and later missing India etc etc
more...
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akgind
07-13 05:22 PM
I think IV should lobby to have the DREAM Act applied to all children, whether legal or illegal.
I am a legal skilled immigrant, came her in 1995 and still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?
Exactly this has been made clear by IV core taht Dream ACT is not for IV community...IGNORE IT
I am a legal skilled immigrant, came her in 1995 and still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?
Exactly this has been made clear by IV core taht Dream ACT is not for IV community...IGNORE IT
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whattodo21
12-14 09:17 AM
Is IV still collecting the list of affected EAD ? I received an RFE, and have provided all the documents, and my 90 day period is coming up soon. Please help. I have contacted my congressman also.
more...
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wahwah
06-05 12:03 PM
HQPRD 70/6.2.8-P
Michael Aytes
Acting Director of Domestic Operations
December 27, 2005
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
Michael Aytes
Acting Director of Domestic Operations
December 27, 2005
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
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Rajeev
11-04 09:42 AM
Is it updated in Thomas, govtrack, etc? I didn't find it..
It is there everywhere. Pl. check S. 1085: Reuniting Families Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=s111-1085)
It is there everywhere. Pl. check S. 1085: Reuniting Families Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=s111-1085)
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arsh007
11-20 10:30 AM
I am also waiting for a GC to buy a house ... can't buy on a H1 visa with a project that keeps on getting extended every 3-6 months. You need stability for at least a few years to put in a committment for a mortgage that you are going to pay for 30 years.
I also work in a IT consulting position but still decided to go ahead and buy a home in St Louis back in September 2007. My 485/EAD/AP was filed in August 2007 and EAD approved a few weeks back. However despite my current situation, I believe buying a home was a wise decision considering the kind of lifestyle and security it provides for you and your family. I know a lot of my friends who decided to take the plunge and bought houses though they were working on H1 and have their GCs pending for a few years.
I also work in a IT consulting position but still decided to go ahead and buy a home in St Louis back in September 2007. My 485/EAD/AP was filed in August 2007 and EAD approved a few weeks back. However despite my current situation, I believe buying a home was a wise decision considering the kind of lifestyle and security it provides for you and your family. I know a lot of my friends who decided to take the plunge and bought houses though they were working on H1 and have their GCs pending for a few years.
legalVoice
12-12 12:57 PM
In short they do not want us here.. they want to suck the money out of you, all the money you earned and saved.
apt7
05-29 05:36 PM
So if I'm understanding it correctly. For all the ones who applied for I-140 after May15th 07 all there petitions will be cancelled or revoked? I really that should come from the USCIS as a amendment and not from a news or a blog. I have been browsing the website and yet to find it. Can someone help me out with the exact text from USCIS? :mad:
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
http://www.ilw.com/articles/2007,0530-endelman.shtm
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
... ...
Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
http://www.ilw.com/articles/2007,0530-endelman.shtm
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
... ...
Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm