unitednations
04-23 04:47 PM
Can H1 be extended on basis that I-485 filled and pending for more then 1 year?
GCCovet
Theoretically yes; because for a 485 to be pending for more then one year; then the labor has to be older then one year and/or the 140 is older then one year.
I think the situation that you may be talking about is where 140 has been revoked but 485 has been pending for more then one year. The law only talks about 140 and labor older then one year. If one tried to do it this way and uscis should question you then there is no legal basis of doing it.
That being said; I do know of a case where a person did get an extension even though the 140 had been revoked. Had to be a fluke and I wouldn't say that it is the norm; because there is no legal basis for it.
GCCovet
Theoretically yes; because for a 485 to be pending for more then one year; then the labor has to be older then one year and/or the 140 is older then one year.
I think the situation that you may be talking about is where 140 has been revoked but 485 has been pending for more then one year. The law only talks about 140 and labor older then one year. If one tried to do it this way and uscis should question you then there is no legal basis of doing it.
That being said; I do know of a case where a person did get an extension even though the 140 had been revoked. Had to be a fluke and I wouldn't say that it is the norm; because there is no legal basis for it.
wallpaper wallpaper surfing wallpaper quiksilver. surfing wallpaper quiksilver.
pitha
02-14 06:58 PM
Last time around exactly the same time in 2006 CIR took off like crazy because of the tremendous backing of Senate Judiciary committee chairman Arlen Specter and Senate majority Leader Bill Frist (who actually gave a deadline for a the bill to be introduced to the senate floor, to speed it up) and president bush supporting it as well. In spite of all these it took the senate from Feb-march 2006 to around September 2006 to get it passed.
Now to the present situation, Harry Reid, the current majority leader never ever publicly spoke one good word about CIR, the present senate judiciary committee chairman, Patrick J. Leahy has not displayed even 1/100 the urgency nor the interest in CIR that Arlon Specter displayed, president Bush though still supporting CIR is a wounded president licking his wounds and has truly become a lame duck president (most unfortunately for us).
Having considered the above facts what are the chances of CIR happening? Its very painful to say that but I think very low. Even by a miracle (a very big miracle at that) if something happens it will be November or December 2007 before it passes.
As if this not painful enough there is a 60 day waiting period from the day the president signs it before it becomes a law. I think there is some confusion on this 60 day period (I am not 100% sure on this). In addition to it if I remember correctly there was a strange condition which was something like there would be a 6 month investigation period to determine the effects of CIR before becoming a law. If you add all this nonsense up I think in the best case scenario January or February 2008 before CIR becomes law and worst case scenario July or August 2008 to become a law. just my 2 cents. I can only pray and hope I am wrong.
Bills almost never go to the floor directly. Especially something as huge as CIR. It will go thru committee again and it will go thru normal rounds of debate and amendments between the 18 people in Judiciary committee.
Its very unusual for a bill to hit the floor directly without going thru the committee that has jurisdiction over it. If it happens all the time, then the committees would be meaningless. The whole point of having a committee is to be able to either kill the entire bill, or a congressional appointment before such a bill / confirmation is debated by all 100 senators. Same thing in the House.
If it was possible to bypass committees, then people would have floored the SKIL or other bills directly on the floor of the house, therby bypassing Jim Sensenbrenner and his Judiciary committee last year.
Now to the present situation, Harry Reid, the current majority leader never ever publicly spoke one good word about CIR, the present senate judiciary committee chairman, Patrick J. Leahy has not displayed even 1/100 the urgency nor the interest in CIR that Arlon Specter displayed, president Bush though still supporting CIR is a wounded president licking his wounds and has truly become a lame duck president (most unfortunately for us).
Having considered the above facts what are the chances of CIR happening? Its very painful to say that but I think very low. Even by a miracle (a very big miracle at that) if something happens it will be November or December 2007 before it passes.
As if this not painful enough there is a 60 day waiting period from the day the president signs it before it becomes a law. I think there is some confusion on this 60 day period (I am not 100% sure on this). In addition to it if I remember correctly there was a strange condition which was something like there would be a 6 month investigation period to determine the effects of CIR before becoming a law. If you add all this nonsense up I think in the best case scenario January or February 2008 before CIR becomes law and worst case scenario July or August 2008 to become a law. just my 2 cents. I can only pray and hope I am wrong.
Bills almost never go to the floor directly. Especially something as huge as CIR. It will go thru committee again and it will go thru normal rounds of debate and amendments between the 18 people in Judiciary committee.
Its very unusual for a bill to hit the floor directly without going thru the committee that has jurisdiction over it. If it happens all the time, then the committees would be meaningless. The whole point of having a committee is to be able to either kill the entire bill, or a congressional appointment before such a bill / confirmation is debated by all 100 senators. Same thing in the House.
If it was possible to bypass committees, then people would have floored the SKIL or other bills directly on the floor of the house, therby bypassing Jim Sensenbrenner and his Judiciary committee last year.
pd_recapturing
05-13 08:57 PM
I searched for my LC case in one of the DBs in this website. I could not find it, though there were lots of other cases from my employer. I have the case number and approval notice so I am sure about genuinity of my case. Is this possible that some of the cases might go missing here ?
2011 quiksilver wallpaper,
eb3retro
03-16 01:18 PM
I saw this on an anti immigrant site by a M*****r.
Hope some of you will learn a lesson from it and stop posting threads about Telgus, Eb3 vs Eb2.
I have also seen posts by ignorant educated illiterates on IV where they advice people to do illegal things. Some of you own consulting firms or businesses and try to promote it by posting and sending Private messages. If we see such message, let us give reds and report to IV. We also need to discourage people from answering wrong info to posts where someone is illegal/out of status. All this used against us.
good post after a long time...
Hope some of you will learn a lesson from it and stop posting threads about Telgus, Eb3 vs Eb2.
I have also seen posts by ignorant educated illiterates on IV where they advice people to do illegal things. Some of you own consulting firms or businesses and try to promote it by posting and sending Private messages. If we see such message, let us give reds and report to IV. We also need to discourage people from answering wrong info to posts where someone is illegal/out of status. All this used against us.
good post after a long time...
more...
same_old_guy
10-23 05:47 PM
Mine was EB2 at NSC. My I-140 RD is May 16 and got cleared on 18th Oct. Last thing I heard they are processing May last week now.
hydboy77
08-19 09:57 AM
The realistic answer is no. It is almost impossible to get eb2 in software jobs. On an average it is taking more 9 months to get labor clearence that too if it is eb3. if you are trying eb2 that is almost a definite audit. We have a case in our company which was stuck in audit (eb2) for more than an year now. our company and attorney have a policy that they are no longer filing eb2 (offcourse it is a different matter than they are no longer filing any green card application because of layoffs). So unless you are working for a desi "con"sultant company not many american companies (almosy none) are filing eb3 green card perm applications leave alone eb3 to eb2 conversions. Even desi companies are scared shit because USCIS is knocking the living daylights out of them. Even desi companies are scared of filing eb3 green card perm applications leave alone eb2.
we are living in a different age now where there are reports that USCIS is sending out invistigators to look into even ac21 cases. Enforcement has gone up, hint :last year h1 got filled on day 1, we are almost 6 months since h1 opened and only 45k h1 have been filled, the reason is USCIS is giving all sorts of rfe, so nobody is filing for h1. Forget about porting as in this environment you will not even find somebody doing eb3, only day dreamers will think of some company willing to file eb2 in software.
My wife has more than 5 years of US experience and we cant even get her employer to file Eb3 because they are saying they are getting tons of resumes in response to advertisement and they dont want to do any green cards for atleast an year.
As slim a chance as it is, visa recapture or some administrative fix like a temporary green card or relaxation of ac21 regulations like same semilar job restrictions is our best bet.
Hi All,
I am on H1B from 1998, 12th year and counting.
I applied for my labour 2 times but unfortunately because of different reasons those labor processings could not continue. 3rd time I could use a substitute labor (priority date Oct 2003) which is an EB3 labor certificate in 2005. I applied for I-140 and got approved in 2005.
I applied for I-485 in July 2007 when USCIS opened the gates. My 485 is pending. I got EAD. I am still continuing my H1B status with my new employer.
I am not working for the company that processed my GC. Recently I got an RFE like everyone else about my current employment and responded with the support of my current employer.
I think that the dates for EB3 will not move any further in any near future.
My question is, can I in any way convert my case from EB3 to EB2. If yes, what would be the process.
Please advice.
Thanks in Advance.
we are living in a different age now where there are reports that USCIS is sending out invistigators to look into even ac21 cases. Enforcement has gone up, hint :last year h1 got filled on day 1, we are almost 6 months since h1 opened and only 45k h1 have been filled, the reason is USCIS is giving all sorts of rfe, so nobody is filing for h1. Forget about porting as in this environment you will not even find somebody doing eb3, only day dreamers will think of some company willing to file eb2 in software.
My wife has more than 5 years of US experience and we cant even get her employer to file Eb3 because they are saying they are getting tons of resumes in response to advertisement and they dont want to do any green cards for atleast an year.
As slim a chance as it is, visa recapture or some administrative fix like a temporary green card or relaxation of ac21 regulations like same semilar job restrictions is our best bet.
Hi All,
I am on H1B from 1998, 12th year and counting.
I applied for my labour 2 times but unfortunately because of different reasons those labor processings could not continue. 3rd time I could use a substitute labor (priority date Oct 2003) which is an EB3 labor certificate in 2005. I applied for I-140 and got approved in 2005.
I applied for I-485 in July 2007 when USCIS opened the gates. My 485 is pending. I got EAD. I am still continuing my H1B status with my new employer.
I am not working for the company that processed my GC. Recently I got an RFE like everyone else about my current employment and responded with the support of my current employer.
I think that the dates for EB3 will not move any further in any near future.
My question is, can I in any way convert my case from EB3 to EB2. If yes, what would be the process.
Please advice.
Thanks in Advance.
more...
h1techSlave
04-07 11:04 AM
My suggestion is that we write to the senators and to the USCIS chief.
Good Points. I also brought this up in one of the threads earlier. What are we going to do to atleast make sure, Visa numbers dont go waste this year as well.
Good Points. I also brought this up in one of the threads earlier. What are we going to do to atleast make sure, Visa numbers dont go waste this year as well.
2010 quiksilver wallpaper,
rockstart
03-08 02:12 PM
I am not a qualified attorney but based on my experience I have seen that 3 Yr degree are hard sell. There have been instances where people have been able to get their way but thats an exception not a norm. Same with PG Diploma. CIS does not consider that as an addition to your undergrad. If the PGD is unaccredieted then its going to be even more tough to sell. If you want to play safe you need to get a undergrad degree here (4 Year one) All other options might hit road block and add to your woes.
more...
goan2005
11-19 10:16 AM
Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
hair quiksilver wallpaper,
BharatPremi
07-11 11:00 PM
http://www.irs.gov/individuals/article/0,,id=96304,00.html
I think Acceptance agents are different than the IRS authorized banks. Agents would merely accept W-7 forms... Where as bank would accept W-7 froms to open a chacking a/c or savvings a/c. More light on acceptance agents would be appreciated.
I think Acceptance agents are different than the IRS authorized banks. Agents would merely accept W-7 forms... Where as bank would accept W-7 froms to open a chacking a/c or savvings a/c. More light on acceptance agents would be appreciated.
more...
hopefulgc
08-13 08:45 PM
Please do vote..
Guys how does one edit a poll after creation.
Can somebody from Iv admin modify the poll so users can see who has voted what here.
So, obviously, you are not expecting any EB3 I to vote, right?
Or do you want EB3 I also to vote?
Guys how does one edit a poll after creation.
Can somebody from Iv admin modify the poll so users can see who has voted what here.
So, obviously, you are not expecting any EB3 I to vote, right?
Or do you want EB3 I also to vote?
hot surfing wallpaper quiksilver.
uma001
07-26 02:18 PM
LONGGCQUE,
Thanks for putting this information. That will be very useful for everybody.
Guys, I wanted to circle back and update you on the results. My I140 was approved today and this is what i had submitted as alternate evidence. Hope someone else will benefit from the details I am putting here.
Thanks to you all who took time to reply and assist me on this issue.
Documents submitted:
> Experience letter non-availability as an affidavit mentioning that we tried but previous employer did not provide the letter.
> Email trail of communication with ex-employer detailing communication asking for exp. letter.
> 2 affidavits from previous co-workers detailing job responsibilities, skills, dates employed together.
> For 63 months of last employer experience, paystubs, W2's, Indian Form 16's, Indian IT returns, yearly appraisal letters, other evidence related to employment(not all but whatever was available).
RFE was :
Asked for evidence to prove 60 months of experience as listed in PERM.
Enjoy and good luck :-)
Thanks for putting this information. That will be very useful for everybody.
Guys, I wanted to circle back and update you on the results. My I140 was approved today and this is what i had submitted as alternate evidence. Hope someone else will benefit from the details I am putting here.
Thanks to you all who took time to reply and assist me on this issue.
Documents submitted:
> Experience letter non-availability as an affidavit mentioning that we tried but previous employer did not provide the letter.
> Email trail of communication with ex-employer detailing communication asking for exp. letter.
> 2 affidavits from previous co-workers detailing job responsibilities, skills, dates employed together.
> For 63 months of last employer experience, paystubs, W2's, Indian Form 16's, Indian IT returns, yearly appraisal letters, other evidence related to employment(not all but whatever was available).
RFE was :
Asked for evidence to prove 60 months of experience as listed in PERM.
Enjoy and good luck :-)
more...
house awsome surf comp wallpaper
gotgc?
12-19 05:00 PM
You can file as many I-140's in any category (EB2/EB3/NIW) as long as you have a certified labor for a bona fide position with a matching education and company has ability to pay for those positions. These I-140's can come from one company or different ones it doesn't matter.
In your current situation:
1. Don't even think about doing anything with pending I-140 and AOS. There is a definite delay in I-140 approvals at both NSC/TSC so waiting is the best thing to do. As long as your qualification matches the LC description you will get your I-140 approved. If your I-140 is pending 30 days past the processing time and you haven't received an RFE, it might have been stuck in security check. Your lawyer needs to open a service request to find out what is going on.
2. For the labor that is expiring in Jan, go ahead and file an I-140 petition right now, there is nothing to worry about two I-140. If nothing else this petition can be used for 3 year H1B extension in case the first one gets stuck.
3. The second I-140 that you are filing can't be used for your pending AOS if your priority date is not current. Check the Pearson Interfiling memo ( from link below). If your priority dates are current and will remain current (EB2 ROW) file for an new AOS application when your second I-140 gets approved. If by this time your first I-140 is approved you can simply toss the second I-140 in the office shredder.
http://www.ilw.com/seminars/august2002_citation2c.pdf
Thanks CanadianDream. Your words are encouraging. I will check with the lawyer. The reason we want to file another I-140 is just to safeguard the H-1B status. I am in my 5th year.
BTW, I have another question. Do they do security check for I-140 also? I never know this. I thought FBI check is only for I-485. My I-140 has been pending for 1.5 years so far. NO RFEs. Nothing. Every time my lawyer calls USCIS, they say it requires additional review and since no REFs are give, adjudication should be forthcoming.
Are there anything we can do to get the status on the security check? How long usually does it take?
In your current situation:
1. Don't even think about doing anything with pending I-140 and AOS. There is a definite delay in I-140 approvals at both NSC/TSC so waiting is the best thing to do. As long as your qualification matches the LC description you will get your I-140 approved. If your I-140 is pending 30 days past the processing time and you haven't received an RFE, it might have been stuck in security check. Your lawyer needs to open a service request to find out what is going on.
2. For the labor that is expiring in Jan, go ahead and file an I-140 petition right now, there is nothing to worry about two I-140. If nothing else this petition can be used for 3 year H1B extension in case the first one gets stuck.
3. The second I-140 that you are filing can't be used for your pending AOS if your priority date is not current. Check the Pearson Interfiling memo ( from link below). If your priority dates are current and will remain current (EB2 ROW) file for an new AOS application when your second I-140 gets approved. If by this time your first I-140 is approved you can simply toss the second I-140 in the office shredder.
http://www.ilw.com/seminars/august2002_citation2c.pdf
Thanks CanadianDream. Your words are encouraging. I will check with the lawyer. The reason we want to file another I-140 is just to safeguard the H-1B status. I am in my 5th year.
BTW, I have another question. Do they do security check for I-140 also? I never know this. I thought FBI check is only for I-485. My I-140 has been pending for 1.5 years so far. NO RFEs. Nothing. Every time my lawyer calls USCIS, they say it requires additional review and since no REFs are give, adjudication should be forthcoming.
Are there anything we can do to get the status on the security check? How long usually does it take?
tattoo wallpaper quiksilver.
immigrationvoice1
04-03 07:33 PM
Can anyone please explain what does "Testing" mean in Combined EAD & AP Document - Under Review/Testing ?
Even a wild guess will do for an answer! :)
Even a wild guess will do for an answer! :)
more...
pictures Wallpaper Galleries
WillIBLucky
11-22 01:12 PM
Lets not deligate things to others. What ever you feel will help IV and the problem of retrogression, just go ahead and do it and post a note here so as to encorage others to come with similar ideas.
dresses wallpaper. Quiksilver-Logo
gsc999
03-27 04:43 PM
gsc u r a lil confused
speaker pelosi is the head of the house of representatives (Lok Sabha) with Steny Hoyer serving as majority leader in the House and Senator Reid is the majority leader of the Senate (Rajya Sabha). The president of the senate is the VP
Both have floor schedules and have issues that need to be debated on. the bill has to pass in both houses..either with the exact same wording or alternate text that will be reconciled in conference committee
http://www.answers.com/topic/party-leaders-of-the-united-states-senate
http://www.answers.com/topic/party-leaders-of-the-united-states-house-of-representatives
---
Yaba:
The title of this thread is discussion on Senate floor in May 14-21, no confusion about that. Reid will schedule the debate not Pelosi. I don't know if you have even read the article quoted here? It clearly mentions Hoyer in House and Reid in Senate. If nat23 had said why is Hoyer driving the agenda in house and not Pelosi? That would make perfect sense but how can Pelosi drive Senate agenda. My response was to that point. If you still argue that, I think you might need to clarify things at your end.
Also, the example you cite isn't appropriate to the context because both Indian Lok Sabha and the British House of Commons have a non-partisan Speaker. He resigns from his primary party as soon as he becomes the speaker. This is not the case in US congress, speaker of the US house of congress is a partisan leader. The implication is that Hoyer, even though a majority House leader may not drive the agenda and this connects to the point made earlier: Pelosi vs Hoyer not Pelosi vs Reid.
speaker pelosi is the head of the house of representatives (Lok Sabha) with Steny Hoyer serving as majority leader in the House and Senator Reid is the majority leader of the Senate (Rajya Sabha). The president of the senate is the VP
Both have floor schedules and have issues that need to be debated on. the bill has to pass in both houses..either with the exact same wording or alternate text that will be reconciled in conference committee
http://www.answers.com/topic/party-leaders-of-the-united-states-senate
http://www.answers.com/topic/party-leaders-of-the-united-states-house-of-representatives
---
Yaba:
The title of this thread is discussion on Senate floor in May 14-21, no confusion about that. Reid will schedule the debate not Pelosi. I don't know if you have even read the article quoted here? It clearly mentions Hoyer in House and Reid in Senate. If nat23 had said why is Hoyer driving the agenda in house and not Pelosi? That would make perfect sense but how can Pelosi drive Senate agenda. My response was to that point. If you still argue that, I think you might need to clarify things at your end.
Also, the example you cite isn't appropriate to the context because both Indian Lok Sabha and the British House of Commons have a non-partisan Speaker. He resigns from his primary party as soon as he becomes the speaker. This is not the case in US congress, speaker of the US house of congress is a partisan leader. The implication is that Hoyer, even though a majority House leader may not drive the agenda and this connects to the point made earlier: Pelosi vs Hoyer not Pelosi vs Reid.
more...
makeup Last month Quiksilver held a
villamonte6100
03-07 03:45 PM
Your lawyer is cheap. I paid 7500 for 1 labor certification.
Question for you. What USCIS fees did you pay. I don't recall any USCIS fee on labor stage.
I think your lawyer is screwing you. $7,500 just for labor certification.
Question for you. What USCIS fees did you pay. I don't recall any USCIS fee on labor stage.
I think your lawyer is screwing you. $7,500 just for labor certification.
girlfriend surfing wallpaper quiksilver.
whiteStallion
12-04 01:32 AM
Well said !
We all know this EB3-EB2 game is total non-sense and unjust.
So many extra-ordinary people who could/should have been in EB2 are in EB3 simply because : corporate lawyer filed in wrong category, they did not want to work for a desi employer who would file in EB2 in exchange for a lot of things, they did not want to buy an approved labor and create fake experience certs/affidavits, or for various other family/job realated reasons which have nothing to do with his/her education/skills/experience.
At the same time, a lot of street smart people got their EB2 labor/I140 approved while they worked at gas stations.
In my opinion all IT professionals, MBA's, Lawyers, Doctors and all other BE/Btech/ME/MTech engg. should be in SAME category (EB2 or EB3). The only people who should be in a preferred category are the scientists who are actually working as research scientists for a govt or non-profit organization (not just anyone who bought a PhD from Dhanabad University for Rs 15000).
If there must be EB2 vs. EB3 then it should be based on a well-defined, measurable and well followed criteria, for example a aptitude/IQ test, interview/GD, there are many other ways to cover all types of talents.
We all know this EB3-EB2 game is total non-sense and unjust.
So many extra-ordinary people who could/should have been in EB2 are in EB3 simply because : corporate lawyer filed in wrong category, they did not want to work for a desi employer who would file in EB2 in exchange for a lot of things, they did not want to buy an approved labor and create fake experience certs/affidavits, or for various other family/job realated reasons which have nothing to do with his/her education/skills/experience.
At the same time, a lot of street smart people got their EB2 labor/I140 approved while they worked at gas stations.
In my opinion all IT professionals, MBA's, Lawyers, Doctors and all other BE/Btech/ME/MTech engg. should be in SAME category (EB2 or EB3). The only people who should be in a preferred category are the scientists who are actually working as research scientists for a govt or non-profit organization (not just anyone who bought a PhD from Dhanabad University for Rs 15000).
If there must be EB2 vs. EB3 then it should be based on a well-defined, measurable and well followed criteria, for example a aptitude/IQ test, interview/GD, there are many other ways to cover all types of talents.
hairstyles hairstyles surfing wallpaper quiksilver. surfing wallpaper quiksilver.
breddy2000
01-23 10:52 PM
Received the following RFE on H1B Extension.
Thanks
Raj
Raj,
Sorry to hear about your lengthy RFE. I received a similar RFE but just asked contract documents between my company and client. I have 2 layers in between. My company, Prime Vendor and Client.
I've submitted POs showing the contract and a letter from Prime Vendor stating that I work on a project for Client.
Just responded to the RFE and keeping my fingers crossed.
Hope this helps...
Thanks
Raj
Raj,
Sorry to hear about your lengthy RFE. I received a similar RFE but just asked contract documents between my company and client. I have 2 layers in between. My company, Prime Vendor and Client.
I've submitted POs showing the contract and a letter from Prime Vendor stating that I work on a project for Client.
Just responded to the RFE and keeping my fingers crossed.
Hope this helps...
asharda
02-04 12:43 AM
Hi all,
I am from Grand Rapids. I'd like to help.
I think, It would be a good idea to get an approximate count of legal immigrants who are stuck in the GC process in Michigan. We should use these numbers to write to our Senator and make them feel that the State of Michigan is not about americans only, its about us as well.
What are you thoughts? Amit, do you want me to email you on your email address?
thanks
Akhilesh.
I am from Grand Rapids. I'd like to help.
I think, It would be a good idea to get an approximate count of legal immigrants who are stuck in the GC process in Michigan. We should use these numbers to write to our Senator and make them feel that the State of Michigan is not about americans only, its about us as well.
What are you thoughts? Amit, do you want me to email you on your email address?
thanks
Akhilesh.
ramus
07-05 08:56 PM
This thread is getting lost.. Lets keep this thread on top.
When you send this message please make sure you put your complete name, address, email and phone number at the bottom.. If you don't how come somebody can get in touch with us...
When you send this message please make sure you put your complete name, address, email and phone number at the bottom.. If you don't how come somebody can get in touch with us...
0 comments:
Post a Comment