nilcritz
12-20 01:32 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.
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.
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vadicherla
06-18 12:21 PM
I support this!!!
bkam
04-12 08:25 PM
Stucklabor,
As I said, this was just a hint. Point for discussion in case our amendments do not pass. And there is a precedent which can be used as a leverage. You know the principles of the "brain storm" problem resolution - throw several wild ideas and if at least one of them works, the goal is achieved.
If the amendments pass, forget for this idea.
As I said, this was just a hint. Point for discussion in case our amendments do not pass. And there is a precedent which can be used as a leverage. You know the principles of the "brain storm" problem resolution - throw several wild ideas and if at least one of them works, the goal is achieved.
If the amendments pass, forget for this idea.
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Jaime
05-27 09:06 PM
Gianik:
Please feel free to send me a private message or email me at jaimemrm2002@yahoo.com and I will be glad to help you as much as I can with immigration to Canada.
Actually, immigrating to Canada is quite simple if you are the right person that they are looking for (and from the qualifications that you described you are, trust me). Canada has a very low natality rate and their strategy is to grow through immigration. Canada is the 2nd largest country in the world after Russia, but it only has over 30 millio inhabitants. They are admitting roughly 250,000 new immigrants a year.
The first step is to take the eligibility test, which if you pass, it means that pretty much you are in (the rest is just paperwork). You can take the assesment online (as well as find a lot of information) on the CIC ("Citizenship and Immigration Canada) website at:
http://www.cic.gc.ca/english/skilled/assess/index.html
Many people use Canadian immigration attorneys to file their petitions, but you don't really need one (I started with oe and then fired them when I saw the process was so simple!)
After that they will as you for: police reports, a medical exam, to take the IELTS English test, etc. Finally, they will send you a passport request (it all takes at the most 1 year) and they will stamp your and your family's immigrant visas on your passports. The you have a year from the date of your medical exams to go to Canada and finalize the paperwork at the port of entry (land, air or sea port) and that's it.
What's really nice is that if you want/need to you can keep your U.S. job for up to 3 full years after becoming a Canadian permaent resident before you are required to actually move to Canada, which gives you great flexibility.
The CIC website is your best tool (you are even be able to track your case on there). Also, visit the Canadian Embassy's website of your country of origin for ay special instructions. Let me know if you have any questions. Thanks!
Please feel free to send me a private message or email me at jaimemrm2002@yahoo.com and I will be glad to help you as much as I can with immigration to Canada.
Actually, immigrating to Canada is quite simple if you are the right person that they are looking for (and from the qualifications that you described you are, trust me). Canada has a very low natality rate and their strategy is to grow through immigration. Canada is the 2nd largest country in the world after Russia, but it only has over 30 millio inhabitants. They are admitting roughly 250,000 new immigrants a year.
The first step is to take the eligibility test, which if you pass, it means that pretty much you are in (the rest is just paperwork). You can take the assesment online (as well as find a lot of information) on the CIC ("Citizenship and Immigration Canada) website at:
http://www.cic.gc.ca/english/skilled/assess/index.html
Many people use Canadian immigration attorneys to file their petitions, but you don't really need one (I started with oe and then fired them when I saw the process was so simple!)
After that they will as you for: police reports, a medical exam, to take the IELTS English test, etc. Finally, they will send you a passport request (it all takes at the most 1 year) and they will stamp your and your family's immigrant visas on your passports. The you have a year from the date of your medical exams to go to Canada and finalize the paperwork at the port of entry (land, air or sea port) and that's it.
What's really nice is that if you want/need to you can keep your U.S. job for up to 3 full years after becoming a Canadian permaent resident before you are required to actually move to Canada, which gives you great flexibility.
The CIC website is your best tool (you are even be able to track your case on there). Also, visit the Canadian Embassy's website of your country of origin for ay special instructions. Let me know if you have any questions. Thanks!
more...
v2neha
03-03 04:43 PM
Team,
My retired parents are visiting me and will be here for atleast six months. Mom is fine but Dad is extremely bored in just two days. Can you guys suggest how do I keep him busy while having him help us with IV activities? He has excellent communication skills. One thing I think of is having him surf the net and research immigration related media contacts all across the nation. Please comment with your suggestions.
Thanks
My retired parents are visiting me and will be here for atleast six months. Mom is fine but Dad is extremely bored in just two days. Can you guys suggest how do I keep him busy while having him help us with IV activities? He has excellent communication skills. One thing I think of is having him surf the net and research immigration related media contacts all across the nation. Please comment with your suggestions.
Thanks
danila
07-31 10:24 AM
The online case status reflects the notice dates and not the actual received dates....These are the dates the cases were entered into USCIS's systems...
I believe it's not the notice date. My notice date is one day after the date from their website. Most likely it's that date when they entered the case into the system.
I believe it's not the notice date. My notice date is one day after the date from their website. Most likely it's that date when they entered the case into the system.
more...
mihird
05-27 01:31 AM
Mihird:
Those are good points. We are not all Indian or Chinese on this website and in my case I moved to the US because of insecurity in my country (got kidnapped twice). If I went back there I could have a top job with a top company (and have had many offers) but that is not a place where I'd like to raise a family.
Before the US I almost moved to China, but then I got the US job offer. I now have the Canada option, but I wouldn't mind moving to India. I have lots of Indian friends and I think Indians are easily one of the very nicest people in the world while being smart too (not conceited), plus they speak English. (Nothing against China, but it would take me at least 3 years to learns OK Chinese)
Anyone have any advice about finding a job in India? (I am serious) I have to have options since my home country is not an option, and in case Canada doesn't work for me. If anyone can give me information on moving to India I would really appreciate it. Thanks!
I think, your best bet would be Canada....I don't know your nationality, but Indian immigration laws are tough...work visas are not easy to get...
Montreal is a great city! Very European and multi cultural...you can't avoid French influence, but you don't have to know French to survive...there are some great companies in Montreal...
If you need help identifying good employers in Montreal, send me a private email and I will be more than glad to help you!
Those are good points. We are not all Indian or Chinese on this website and in my case I moved to the US because of insecurity in my country (got kidnapped twice). If I went back there I could have a top job with a top company (and have had many offers) but that is not a place where I'd like to raise a family.
Before the US I almost moved to China, but then I got the US job offer. I now have the Canada option, but I wouldn't mind moving to India. I have lots of Indian friends and I think Indians are easily one of the very nicest people in the world while being smart too (not conceited), plus they speak English. (Nothing against China, but it would take me at least 3 years to learns OK Chinese)
Anyone have any advice about finding a job in India? (I am serious) I have to have options since my home country is not an option, and in case Canada doesn't work for me. If anyone can give me information on moving to India I would really appreciate it. Thanks!
I think, your best bet would be Canada....I don't know your nationality, but Indian immigration laws are tough...work visas are not easy to get...
Montreal is a great city! Very European and multi cultural...you can't avoid French influence, but you don't have to know French to survive...there are some great companies in Montreal...
If you need help identifying good employers in Montreal, send me a private email and I will be more than glad to help you!
2010 Audio: Justin Bieber Interview
imh1b
11-12 09:16 AM
Visa bulletin is coming today
more...
Libra
01-17 06:22 PM
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desi3933
02-03 04:59 PM
Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. Also with AMIETE.
Sheila -
Please refer to this pdf from CA web site
www.icai.org/resource_file/42prof.df.pdf
CA as well as ICWA are post high school (10+2) programs. Therefore they can not deemed as Master Degree level courses. In fact, I did my ICWA along with my graduation from IIT. Just because most people do it after BCom does not make it Masters level program.
In the case when/if USCIS determines CA India not to be of Masters level program, it can affect even the approved I-140 petitions.
__________________
Not a legal advice.
US Citizen of Indian Origin
Sheila -
Please refer to this pdf from CA web site
www.icai.org/resource_file/42prof.df.pdf
CA as well as ICWA are post high school (10+2) programs. Therefore they can not deemed as Master Degree level courses. In fact, I did my ICWA along with my graduation from IIT. Just because most people do it after BCom does not make it Masters level program.
In the case when/if USCIS determines CA India not to be of Masters level program, it can affect even the approved I-140 petitions.
__________________
Not a legal advice.
US Citizen of Indian Origin
more...
arrarrgee
07-17 12:11 PM
I am sorry i donot agree with your point of view
Just imagine what will happen to the market flooded with EADs. Job market for H1Bs will totally be down. No US companies will hire H1Bs if they get somebody with an EAD. Tonnes of Junior developers and S/W testers will in the market driving the billing rates down even further. It's better to pack up and leave. I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.
Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........
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Just imagine what will happen to the market flooded with EADs. Job market for H1Bs will totally be down. No US companies will hire H1Bs if they get somebody with an EAD. Tonnes of Junior developers and S/W testers will in the market driving the billing rates down even further. It's better to pack up and leave. I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.
Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........
lotr
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n2b
12-28 10:29 AM
Hello Guys,
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
more...
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xyzgc
10-23 03:09 PM
After waiting in limbo for so long....even an RFE sounds like sweet news :) . I am hoping its about something simple like Employment verification or something (My company is Fortune 100 , so I don't think it would be about ability to pay). And hoping there are no other delays on the way (like Namecheck etc)
So at last they opened my case. I hope the RFE gets resolved soon, before the dates retrogress or become 'U'. As of now my PD is current in Nov as well. So crossing my fingers!
I hope that other EB3-I cases stuck in 2001/2002 will start getting picked up soon as well and approved. All the best to you all.
Is your NC cleared? If yes, shouldn't you have received your gc in early 2007 itself before July 07 messed up EB3?
Even if its not cleared, you would have surely crossed 180-day barrier, yes?
I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.
So at last they opened my case. I hope the RFE gets resolved soon, before the dates retrogress or become 'U'. As of now my PD is current in Nov as well. So crossing my fingers!
I hope that other EB3-I cases stuck in 2001/2002 will start getting picked up soon as well and approved. All the best to you all.
Is your NC cleared? If yes, shouldn't you have received your gc in early 2007 itself before July 07 messed up EB3?
Even if its not cleared, you would have surely crossed 180-day barrier, yes?
I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.
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venkygct
09-07 11:35 PM
^^^^^
more...
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gcnirvana
07-06 04:04 PM
Also let all your friends/family know about tonight's interview. This will encourage them to visit IV and ultimately join and contribute :)
BTW, Great Job IV and Good Luck Doc!!
New members please fill in your contact information. Please help IV and help yourself. Spread the word of IV among your friends
BTW, Great Job IV and Good Luck Doc!!
New members please fill in your contact information. Please help IV and help yourself. Spread the word of IV among your friends
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bobzibub
01-02 12:04 PM
At least some good news are arriving prior to the X'mas holiday! :p
This might have a huge impact on people who held a H4 b4 switching to H1B!
http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf
They decoupled the H2->h1 and the L2->L1. But not H4->L1 or L2->H1.
Even though their reasoning for doing it applies to these cases too.
:confused:
This might have a huge impact on people who held a H4 b4 switching to H1B!
http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf
They decoupled the H2->h1 and the L2->L1. But not H4->L1 or L2->H1.
Even though their reasoning for doing it applies to these cases too.
:confused:
more...
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mhathi
05-17 10:01 AM
I am wondering everybody here is throwing stones at small consulting companies, I wonder how these people came to US surely somebody did there H1? right? People are working in big companies HP/Oracle/SAP bla bla.. but I'm sure they are not the ones who brought you guys here. Also the day they'll get their green cards each of these people are going to open similar companies and do the same thing. This is amazing how people forget their past and forget the people who brought them here...I will call you guys thankless....
Sorry to disillusion you, but there ARE people who are US educated and never even spoke to a consulting firm before. Not everyone is an IT consultant, again don't paint everyone with th same brush. People do get H1 in a full time position other than consulting.
Sorry to disillusion you, but there ARE people who are US educated and never even spoke to a consulting firm before. Not everyone is an IT consultant, again don't paint everyone with th same brush. People do get H1 in a full time position other than consulting.
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dsreedhar
01-04 10:56 AM
Applied for EAD and AP together (e-file at TSC center) in the last week of Nov 2010 and got the EAD card yesterday in mail. The validity period is for 2 yrs. The online status for EAD updated accordingly. However there is no status update for AP.
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venky08
12-13 06:34 PM
Your are thinking under two assumptions:
1. There is nothing left for innovation in the tech field. so no new job creation is expected in the future.
2. There will be more supply of tech workers which will surpass the job creation rate (if in any amount) thereby depressing the wages.
who is to know that your assumptions are correct? :confused:
Whereas the reality is the job creation has been exponentially growing because of emerging technologies and the will to immigrate to US is surely on decrease and add reverse brain drain to it. So for next 5-10 years it will become increasingly difficult to find talented people as they will be evaporated from the market because of 65K H1B cap for last 3 years and a huge outflux of talented professionals.
I said this before in my previous posts and i will say it again. I you are worth your salt and know what you are doing, you will be worth your weight in gold in coming years. Stick to the fight and get your GC. :cool:
(BTW, for these opinions, i am inspired by a recent book i read on globalization- The world is Flat by Thomas Friedman. I think it shall be a must read for every H1B to GC applicant)
All,
With the current rate of outsourcing happening around in US and the rate of influx of temporary workers coming in on mostly L1 and may be few on H1 B Visas every year through the outsourcing companies , i am sceptical about the future of GC aspirants. With the way of GC processing happening which are caused by restrictions /policies of governing bodies and no sight of positive relief in near future i am little apprehensive about the future.
I feel that there might be no areas that are not impacted by Outsourcing boom . Most of the companies that i see and my friends work ,i see many of the operations are outsourced or planning in place to get outsourced.
with the current rate of outsourcing and subprime mess which may cause slow down in economy , i am not sure if there would be any positions to support our AOS , when our PD becomes current. Some times i think , the fight for GC is even worth it.
Every one feel free to post your views/opinions/Analysis on this topic ....
1. There is nothing left for innovation in the tech field. so no new job creation is expected in the future.
2. There will be more supply of tech workers which will surpass the job creation rate (if in any amount) thereby depressing the wages.
who is to know that your assumptions are correct? :confused:
Whereas the reality is the job creation has been exponentially growing because of emerging technologies and the will to immigrate to US is surely on decrease and add reverse brain drain to it. So for next 5-10 years it will become increasingly difficult to find talented people as they will be evaporated from the market because of 65K H1B cap for last 3 years and a huge outflux of talented professionals.
I said this before in my previous posts and i will say it again. I you are worth your salt and know what you are doing, you will be worth your weight in gold in coming years. Stick to the fight and get your GC. :cool:
(BTW, for these opinions, i am inspired by a recent book i read on globalization- The world is Flat by Thomas Friedman. I think it shall be a must read for every H1B to GC applicant)
All,
With the current rate of outsourcing happening around in US and the rate of influx of temporary workers coming in on mostly L1 and may be few on H1 B Visas every year through the outsourcing companies , i am sceptical about the future of GC aspirants. With the way of GC processing happening which are caused by restrictions /policies of governing bodies and no sight of positive relief in near future i am little apprehensive about the future.
I feel that there might be no areas that are not impacted by Outsourcing boom . Most of the companies that i see and my friends work ,i see many of the operations are outsourced or planning in place to get outsourced.
with the current rate of outsourcing and subprime mess which may cause slow down in economy , i am not sure if there would be any positions to support our AOS , when our PD becomes current. Some times i think , the fight for GC is even worth it.
Every one feel free to post your views/opinions/Analysis on this topic ....
diptam
08-01 10:34 AM
I know we are just narrowly thinking about 485 for the retrogressed battered world but they are taking big picture :)
whatever it is - we have to wait with patience for atleast another month
The comment about the "Fee Increase" might be partially true. There is surely a surge in number of application for Naturalization, to avoid the few increase... Atleast I know a couple of friends who applied for citizenship....
whatever it is - we have to wait with patience for atleast another month
The comment about the "Fee Increase" might be partially true. There is surely a surge in number of application for Naturalization, to avoid the few increase... Atleast I know a couple of friends who applied for citizenship....
maddipati1
07-27 08:16 PM
the pattern analysis is wrong.
the links to 13th & 27th are not working, only 06th & 20th are.
so, its every other friday, so it will be posted on Aug3rd.
btw, thats so funny about 'dead meat on finger... and concern about finger print...' great stuff i was LOL...
S
the links to 13th & 27th are not working, only 06th & 20th are.
so, its every other friday, so it will be posted on Aug3rd.
btw, thats so funny about 'dead meat on finger... and concern about finger print...' great stuff i was LOL...
S
