indio0617
11-22 10:40 AM
Ok. Here is a question I have.
I know one can get 3 years extensions once 140 is approved even with previous employer. The question is -
Assume EB2 140 is approved for previous employer has PD June 2004, and then one changes the job. By the time his 6 years of H1B gets over, June 2004 becomes current. Now the person cannot file 485 since 140 was approved for old employe whom he has left an year back. Will the person still get 3 years of extension on H1B?
I was thinking, u get 3 years extension due to retrogession.. so with the fact that PD is current, how will you still get 3 years of extension?
Thanks.
Yes. You are correct. 3 year extension after I-140 approvals can be granted only if you are unable to file for I-485. Things will be complicated in the scenario you outlined which would require some prior planning.
It is all a big mess, forcing us to stay in this perpetually uncertain state, putting our lives on hold. Of course we all have a choice : factor out the GC from our career / life equation and move on without all the complexities. I guess we will see more and more people taking that route now given the gloomy scene on retrogession.
I know one can get 3 years extensions once 140 is approved even with previous employer. The question is -
Assume EB2 140 is approved for previous employer has PD June 2004, and then one changes the job. By the time his 6 years of H1B gets over, June 2004 becomes current. Now the person cannot file 485 since 140 was approved for old employe whom he has left an year back. Will the person still get 3 years of extension on H1B?
I was thinking, u get 3 years extension due to retrogession.. so with the fact that PD is current, how will you still get 3 years of extension?
Thanks.
Yes. You are correct. 3 year extension after I-140 approvals can be granted only if you are unable to file for I-485. Things will be complicated in the scenario you outlined which would require some prior planning.
It is all a big mess, forcing us to stay in this perpetually uncertain state, putting our lives on hold. Of course we all have a choice : factor out the GC from our career / life equation and move on without all the complexities. I guess we will see more and more people taking that route now given the gloomy scene on retrogession.
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Legal
07-20 10:38 PM
I'm having less and less faith in the claims made by members that USCIS is inefficient and clueless. ok, they have been and continue to be in many areas:):). However, they have a game plan this time. In retrospect, we know they had a game plan in June 07 also.
There are several unknown variables (repeatedly and extensively discussed here)which make accurate prediction impossible for us. However, USCIS has the numbers of RIPE CASES. And they moved the dates based on the availability of remaining GC numbers for this fiscal AND the ripe cases.
They could have moved it to just Dec 2005, instead they moved it all the way to June 2006.
Best\ optimistic scenario- Most EB-2-I cases upto June 2006 will be adjudicated before Oct 1st.
Conservative scenario-Upto at least Dec 2005 PD all cases will be adjudicated , and a few CP cases into early 2006 will be adjudicated. With spillovers happening in each quarter, the PD should continue to move.
There are several unknown variables (repeatedly and extensively discussed here)which make accurate prediction impossible for us. However, USCIS has the numbers of RIPE CASES. And they moved the dates based on the availability of remaining GC numbers for this fiscal AND the ripe cases.
They could have moved it to just Dec 2005, instead they moved it all the way to June 2006.
Best\ optimistic scenario- Most EB-2-I cases upto June 2006 will be adjudicated before Oct 1st.
Conservative scenario-Upto at least Dec 2005 PD all cases will be adjudicated , and a few CP cases into early 2006 will be adjudicated. With spillovers happening in each quarter, the PD should continue to move.
perm2gc
01-11 03:12 PM
http://discuss.ilw.com/eve/forums?a=tpc&s=691603441&f=902603441&m=53410452831&r=53410452831#53410452831
http://www.visaportal.com/forums/topic.asp?forum=18&topic=191
http://www.visaportal.com/forums/topic.asp?forum=18&topic=191
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redds777
06-10 04:51 PM
Sent
OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America
It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)
and send the message out
Please post this link on other forums and mail to friends asking them to join this action item.
OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America
It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)
and send the message out
Please post this link on other forums and mail to friends asking them to join this action item.
more...
thesparky007
03-07 07:19 PM
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onemorecame
10-18 12:15 PM
any one else.. who got any update after filling RFE?
I got soft LUD on Oct 12.... nothing after that :confused:
I got soft LUD on Oct 12.... nothing after that :confused:
more...
paskal
12-26 04:28 PM
the account can be opened in 1 sec
i just have to click the button
yjey have it all set up and ready
but below they have a statement that says" only citizens and permanent residents can use this facility"
Business needs define rules in this country. Western Union was sending money to mexico. Then American Banks started chipping into that business, accepting different documents as valid for money transfer. You get the drift.
As for Citi bank not opening e-accounts for existing account holders, it is a bit surprising. Once they vetted you in the process, they are repeating it just to verify your identity? My bank lets me open different accounts online as I am known to them for a long long time.
i just have to click the button
yjey have it all set up and ready
but below they have a statement that says" only citizens and permanent residents can use this facility"
Business needs define rules in this country. Western Union was sending money to mexico. Then American Banks started chipping into that business, accepting different documents as valid for money transfer. You get the drift.
As for Citi bank not opening e-accounts for existing account holders, it is a bit surprising. Once they vetted you in the process, they are repeating it just to verify your identity? My bank lets me open different accounts online as I am known to them for a long long time.
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StarSun
03-15 10:11 AM
Volunteers, please contact Vin13, if you know of any member willing to make the trip to DC for all 3 or 4 days from the west and mid west regions. He has enough air miles for a couple of tickets.
more...
deepakjain
06-08 06:32 PM
Do not abuse me...for this post.
2 of my friends have moved back to India after looking at EB2 date of JAN00....I think they took the wise decision....
Else let us work here thinking that we are in Saudi Arabia, work till the age of 58-65 and then move back to India letting our kids settled here.
2 of my friends have moved back to India after looking at EB2 date of JAN00....I think they took the wise decision....
Else let us work here thinking that we are in Saudi Arabia, work till the age of 58-65 and then move back to India letting our kids settled here.
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gcnirvana
08-03 02:55 PM
abhijitp,
Thanks for the update and good to know that we will get an RFE and not a rejection for our EVL.
But on (2), what if we already have an A# from our approved I-140? Is there any other way to know that our application has been accepted??
According to the person I spoke to:
1. I will be issued an RFE if my AOS packet did not contain the EVL
2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.
Thanks for the update and good to know that we will get an RFE and not a rejection for our EVL.
But on (2), what if we already have an A# from our approved I-140? Is there any other way to know that our application has been accepted??
According to the person I spoke to:
1. I will be issued an RFE if my AOS packet did not contain the EVL
2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.
more...
decipher
04-23 04:16 PM
To be fair, inability to get educated (linked to career progression) deserves some attention.
I was in gautamagg's situation earlier (I am still kind of ). I believe there are several others in the same situation. GC delay is an serious hindrance when age is a factor for getting education. However, there are alternatives - part-time education and studying in another country. Have friends who have taken both the approaches. You can come back to the U.S (if you really need to) after your education/experience through H1 again.
As far as the U.S loosing talent, U.S legislators/administrators are the ones who should be worried and try to stop it. The coveted trying to convince them seems contradictory and doesn't gel well.
Personally, I think expecting a quick solution for the mired immigration issue to get an education is expecting a little too much when there are alternatives. This is a wrong forum to do it too.
I was in gautamagg's situation earlier (I am still kind of ). I believe there are several others in the same situation. GC delay is an serious hindrance when age is a factor for getting education. However, there are alternatives - part-time education and studying in another country. Have friends who have taken both the approaches. You can come back to the U.S (if you really need to) after your education/experience through H1 again.
As far as the U.S loosing talent, U.S legislators/administrators are the ones who should be worried and try to stop it. The coveted trying to convince them seems contradictory and doesn't gel well.
Personally, I think expecting a quick solution for the mired immigration issue to get an education is expecting a little too much when there are alternatives. This is a wrong forum to do it too.
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jonty_11
01-02 03:54 PM
Posted about IV on www.denverindians.com
http://denverindians.com/forum/display_topic_threads.asp?ForumID=9&TopicID=152&PagePosition=1&ThreadPage=1
http://denverindians.com/forum/display_topic_threads.asp?ForumID=9&TopicID=152&PagePosition=1&ThreadPage=1
more...
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gc28262
04-10 10:24 PM
and what is your point?
EB3-I won't retrogress back to 2001 again. It will keep moving forward at slow but steady pace.
EB3-I won't retrogress back to 2001 again. It will keep moving forward at slow but steady pace.
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eb3India
06-12 08:08 AM
Pitha (shree)
if you read previous discussion and particulary logiclife post, you will find, any immigration reform bill will not be discussed let alone passed until it resolves illegal immigration issue
gone are the days where h1b increase use to be part of some budget bill.
you just can't do that any more
only chance SKILL has is thru CIR or other forum where it address illegal issue,
my point is we don't need any legislative change at this point,
IV is for legals who are already here legally and our demands are very simple, such as if they allow use to file I485 with being current and if they use unused visa numbers and allocate them to over subscribed countries our life will be lot better,
we need to rethink our stratergy and stop knocking these law makers, who cares only about illegals, either they are against them or far them, but they just don't really care about legals
if you read previous discussion and particulary logiclife post, you will find, any immigration reform bill will not be discussed let alone passed until it resolves illegal immigration issue
gone are the days where h1b increase use to be part of some budget bill.
you just can't do that any more
only chance SKILL has is thru CIR or other forum where it address illegal issue,
my point is we don't need any legislative change at this point,
IV is for legals who are already here legally and our demands are very simple, such as if they allow use to file I485 with being current and if they use unused visa numbers and allocate them to over subscribed countries our life will be lot better,
we need to rethink our stratergy and stop knocking these law makers, who cares only about illegals, either they are against them or far them, but they just don't really care about legals
more...
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asdfred
12-23 04:23 PM
funny as heck..
"did he actually do it?"
no...he did not..
are you waiting to get your green card if he gives up his life on capitol hill on hunger strike
"did he actually do it?"
no...he did not..
are you waiting to get your green card if he gives up his life on capitol hill on hunger strike
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nojoke
01-20 12:32 PM
Spoken like a true moron. So, you're suggesting that people cannot buy house or a new car while being on a H1B? How many peoples need to held their soul hostage and kill their desire to lead quality life? May be you are prisoner for your fears forever. Let other enjoy their life! Oh! by the way, I don't give a flying fox about your negative remark or giving me red. I simply don't give a damn!
I felt sympathy for the OP. That was well written. I agree that xyzgc missed the point on what the OP was trying to say.
You on the other hand are arrogant. Are you saying that it is your right to buy a house? And we all should sympathize with you when you lose your house? And we need to fund your extravagant spending with our tax dollars, while some of us weigh in the risks and decide to live in rented house.
I wish I get my share of the bail out money. I wanted that Ferrari. Damn, I need to 'enjoy my life and my desire to lead quality of life'.
I felt sympathy for the OP. That was well written. I agree that xyzgc missed the point on what the OP was trying to say.
You on the other hand are arrogant. Are you saying that it is your right to buy a house? And we all should sympathize with you when you lose your house? And we need to fund your extravagant spending with our tax dollars, while some of us weigh in the risks and decide to live in rented house.
I wish I get my share of the bail out money. I wanted that Ferrari. Damn, I need to 'enjoy my life and my desire to lead quality of life'.
more...
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gc28262
12-20 07:18 PM
Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.
?
I am not convinced about this part. Do you have any link to some USCIS rule/document regarding this ?
As per my understanding H1B employee becomes "out of status" when the employer-employee relationship cease to exist ( laid off )
?
I am not convinced about this part. Do you have any link to some USCIS rule/document regarding this ?
As per my understanding H1B employee becomes "out of status" when the employer-employee relationship cease to exist ( laid off )
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sureshj
06-08 02:18 PM
To solve the FBI name check problem, the following suggestions should be communicated to lawmaker if possible:
1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.
2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.
3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.
I could'nt agree with gcdreamer more...
Consider this...
1. FBI, I believe, has 2 rookie analysts dedicated to processing name checks and I heard USCIS pays $25 per name check.
2. FBI has distributed databases in NY, CA, FL, etc. that are not networked. So they have to request name checks individually out of these databases.
3. Name check ranks least in their priority list.
4. FBI has increased their name check criteria from 2 (First name and Last Name) to, I think it is, 7 or 8 (part of the first name, part of the last name and few other combinations). This increases the chances of your name generating "hits" and falling into this blackhole.
In addition to the above FBI (which normally receives ~1.5m name check requests per year) received ~6m in 2003. They are still recovering from that deluge. So now you see what's causing the delay.
For USCIS this works out fine, since they rake in 15% of their annual revenue from EAD/AP renewals. They do not want to mess with this "free money" and reduce the processing time. And to top it all they can transfer the blame on FBI.
In addition, to secure this "money train" USCIS cleverly issued a public memo earlier this year indicating WOM cases will be fought in court. To most this would have seemed like the end of WOM, but it is not. Applicants have since filed and won these cases. However the memo probably had its' desired effect...to discourage a majority of the applicants from filing WOM.
I think USCIS has to be made accountable for the money they earn. The $25/name check is just not sufficient. More funding is necessary so that FBI can allocate more analysts to the job and also upgrade their IT infrastructure. Excuses such as "ball is in FBI's court" is just not acceptable. "Conditional Green card" (as suggested by gcdreamer) is excellant idea to alleviate the problems the "name check" victims face over the ~2 to 4 years they spend in this blackhole.
PS: Just in case you are not aware of Senator Obama's initiative to address this problem here is a link where you can sign-up for whatever it is worth.
http://www.petitiononline.com/mod_perl/signed.cgi?nc082505&1
1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.
2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.
3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.
I could'nt agree with gcdreamer more...
Consider this...
1. FBI, I believe, has 2 rookie analysts dedicated to processing name checks and I heard USCIS pays $25 per name check.
2. FBI has distributed databases in NY, CA, FL, etc. that are not networked. So they have to request name checks individually out of these databases.
3. Name check ranks least in their priority list.
4. FBI has increased their name check criteria from 2 (First name and Last Name) to, I think it is, 7 or 8 (part of the first name, part of the last name and few other combinations). This increases the chances of your name generating "hits" and falling into this blackhole.
In addition to the above FBI (which normally receives ~1.5m name check requests per year) received ~6m in 2003. They are still recovering from that deluge. So now you see what's causing the delay.
For USCIS this works out fine, since they rake in 15% of their annual revenue from EAD/AP renewals. They do not want to mess with this "free money" and reduce the processing time. And to top it all they can transfer the blame on FBI.
In addition, to secure this "money train" USCIS cleverly issued a public memo earlier this year indicating WOM cases will be fought in court. To most this would have seemed like the end of WOM, but it is not. Applicants have since filed and won these cases. However the memo probably had its' desired effect...to discourage a majority of the applicants from filing WOM.
I think USCIS has to be made accountable for the money they earn. The $25/name check is just not sufficient. More funding is necessary so that FBI can allocate more analysts to the job and also upgrade their IT infrastructure. Excuses such as "ball is in FBI's court" is just not acceptable. "Conditional Green card" (as suggested by gcdreamer) is excellant idea to alleviate the problems the "name check" victims face over the ~2 to 4 years they spend in this blackhole.
PS: Just in case you are not aware of Senator Obama's initiative to address this problem here is a link where you can sign-up for whatever it is worth.
http://www.petitiononline.com/mod_perl/signed.cgi?nc082505&1
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varshadas
01-31 10:01 AM
Please let me know if we can have a conference call tonight to finalize the flyer. We have to close out the flyer today.
Thanks,
Varsha
Thanks,
Varsha
MahaBharatGC
09-21 02:14 PM
Count me in.
This wait is killing us.
YES YES YES.
Yesterday was my last day of Canadian Blue Card expiry. I left it as I was able to file for I-485 during July 07 magic. I am in for whatever the fight it takes.
This EAD renewal funda is killing us...
Just does not make sense for lack of timelines on EAD Renewals, no proper insights. Why would they need to take 3 months time for renewals?:confused:
This wait is killing us.
YES YES YES.
Yesterday was my last day of Canadian Blue Card expiry. I left it as I was able to file for I-485 during July 07 magic. I am in for whatever the fight it takes.
This EAD renewal funda is killing us...
Just does not make sense for lack of timelines on EAD Renewals, no proper insights. Why would they need to take 3 months time for renewals?:confused:
mirage
02-03 08:17 AM
Guys,
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
