sbmallik
12-27 03:18 PM
To the original poster:
Since the MTR was already filed you can still extend the H-1B. However, if the MTR gets denied then no further H-1B visa extension is possible.
BTW - even the H-1B extension can be applied based on 'Labor Certification applied more than a year ago' criteria an I-140 denial will override the above benefit.
Since the MTR was already filed you can still extend the H-1B. However, if the MTR gets denied then no further H-1B visa extension is possible.
BTW - even the H-1B extension can be applied based on 'Labor Certification applied more than a year ago' criteria an I-140 denial will override the above benefit.
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immuser
11-01 06:16 PM
http://content.msn.co.in/News/International/InternationalHinT_011107_0847.htm
London: Employment prospects for Indians in Britain could well be hit by the recent revelation that 52 per cent of all new jobs created in the country over the past decade have gone to immigrants.
According to Britain’s National Statistics Office, 1.1 million of the 2.1 million new jobs that have arisen since 1997 have been bagged by people of non-British origin.
Another government study released a few days earlier had shown that migrant workers earned on an average �424 a week, while British workers got �395. Foreign born workers, at an estimated 1.5 million, comprised 12.5 per cent of Britain’s workforce, compared to 7.4 per cent a decade ago.
“Any move to control immigration will affect Indian professionals the most,” said Amit Kapadia, convenor of the Asian organisation Highly Skilled Migrant Professionals.
The findings have revived old fears of migrants leaving local workers jobless. They raised such a furore that Prime Minister Gordon Brown intervened on Wednesday declaring plans were being finalised to control the influx of foreign workers.
These included introducing a points-based system which would give priority to immigrants with skills needed in Britain, and if required, shut out the others.
“Over the next few months, we have decided on changes... so that people can be sure we are taking action that is necessary,” Brown said
London: Employment prospects for Indians in Britain could well be hit by the recent revelation that 52 per cent of all new jobs created in the country over the past decade have gone to immigrants.
According to Britain’s National Statistics Office, 1.1 million of the 2.1 million new jobs that have arisen since 1997 have been bagged by people of non-British origin.
Another government study released a few days earlier had shown that migrant workers earned on an average �424 a week, while British workers got �395. Foreign born workers, at an estimated 1.5 million, comprised 12.5 per cent of Britain’s workforce, compared to 7.4 per cent a decade ago.
“Any move to control immigration will affect Indian professionals the most,” said Amit Kapadia, convenor of the Asian organisation Highly Skilled Migrant Professionals.
The findings have revived old fears of migrants leaving local workers jobless. They raised such a furore that Prime Minister Gordon Brown intervened on Wednesday declaring plans were being finalised to control the influx of foreign workers.
These included introducing a points-based system which would give priority to immigrants with skills needed in Britain, and if required, shut out the others.
“Over the next few months, we have decided on changes... so that people can be sure we are taking action that is necessary,” Brown said
arunmohan
06-09 05:07 PM
"Processing Date current with respect to Receipt Date" in May VB,even then IO not picked in my case atleast...so its all matter of luck!! back to U-turn..
Did you try to get Infopass apointment? My friend received his GC last week and his PD was Nov, 2001.
Did you try to get Infopass apointment? My friend received his GC last week and his PD was Nov, 2001.
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pyaradesi
01-10 12:09 PM
Hi H1TechSlave,
I am guessing you are basing your proposal on the UC Davis report/link in your post. Yes, there are companies and individuals who are misusing the H1b system, but this is the case with any law, regulation not just immigration. You will never have a perfect system. An example of this is democracy, we are well aware that democracy with its virtues, comes with a price of chaos and corruption. This does not mean we opt for a totalitarian system.
The H1b represents the American Dream for Indians and a lot of other folks from across the world. Plumbers, carpenters, coal workers, homeless people, and literally bums were allowed to immigrate thorough Ellis Island without even needing a visa. Now to come and say that you need to be a genius to get an H1b visa, and IITs are not the best institutions is just preposterous. This report basically states that mojority of H1bs are incompetent folks who come from weak US universities. The Amercican Dream is a universal concept that should be protected at any cost. Protectionist legislation with stymie growth.
The report focuses on H1bs stealing American Jobs, is there any data on the kind of people being displaced, their qualifications?
Put aside the h1b for a minute, what about the agricultural workers who come here, do you need to be the best cherry picker in all of Mexico to work in the US?
Now, this report was published in 2003, it has been buried for good reason.
How do you define "Genius", is Albert Einstein a genius? Is this a measurable concept? Do geniuses create jobs? History tells us that geniuses made a lot of news and history but very little else. The world runs not because of geniuses, but because of a few smart people and millions of average folks.
Do we need to tackle mom&pop h1b sweatshops? yes, but not by changing the fundamental nature of "h1b".
I am guessing you are basing your proposal on the UC Davis report/link in your post. Yes, there are companies and individuals who are misusing the H1b system, but this is the case with any law, regulation not just immigration. You will never have a perfect system. An example of this is democracy, we are well aware that democracy with its virtues, comes with a price of chaos and corruption. This does not mean we opt for a totalitarian system.
The H1b represents the American Dream for Indians and a lot of other folks from across the world. Plumbers, carpenters, coal workers, homeless people, and literally bums were allowed to immigrate thorough Ellis Island without even needing a visa. Now to come and say that you need to be a genius to get an H1b visa, and IITs are not the best institutions is just preposterous. This report basically states that mojority of H1bs are incompetent folks who come from weak US universities. The Amercican Dream is a universal concept that should be protected at any cost. Protectionist legislation with stymie growth.
The report focuses on H1bs stealing American Jobs, is there any data on the kind of people being displaced, their qualifications?
Put aside the h1b for a minute, what about the agricultural workers who come here, do you need to be the best cherry picker in all of Mexico to work in the US?
Now, this report was published in 2003, it has been buried for good reason.
How do you define "Genius", is Albert Einstein a genius? Is this a measurable concept? Do geniuses create jobs? History tells us that geniuses made a lot of news and history but very little else. The world runs not because of geniuses, but because of a few smart people and millions of average folks.
Do we need to tackle mom&pop h1b sweatshops? yes, but not by changing the fundamental nature of "h1b".
more...
gene77
08-15 08:28 PM
Hi, I recently filed my I-485 using my pre-approved Eb3 I-140 (PD:May 2004). Around a month back, I applied a new EB2 I140 and that got approved today so I have ported my PDs to this new EB2 I-140. Now, I am planning to file an amendment to replace the EB3 I-140 with EB2 I-140 attached with my I-485. Some people call this process as interfiling too. Can somebody please let me know if he/she has done it before and how long does it take to get affected?
I plan to do this but I am waiting for my EB2 I-140 to be approved. Please see below, I have attached some info I got from Mathew Oh's website. Did you say you applied for your I-140 only 1 month ago and it got approved already? I applied for my EB2 I-140 in Nov and still don't have any approvals.
//NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
� This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
� According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application
//
I plan to do this but I am waiting for my EB2 I-140 to be approved. Please see below, I have attached some info I got from Mathew Oh's website. Did you say you applied for your I-140 only 1 month ago and it got approved already? I applied for my EB2 I-140 in Nov and still don't have any approvals.
//NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
� This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
� According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application
//
desi3933
08-13 11:26 AM
USA which is a so called developed country, takes 6 months to issue a passport due to the fact that USCIS is over...........loaded with work. So Flashing story is an old one and will only fit in Hollywood world.
It took just 3 weeks for my spouse to get US passport. FYI, US Passports are not issued by USCIS, but are issued by Department by State. [Link (http://en.wikipedia.org/wiki/United_States_passport)]
It took just 3 weeks for my spouse to get US passport. FYI, US Passports are not issued by USCIS, but are issued by Department by State. [Link (http://en.wikipedia.org/wiki/United_States_passport)]
more...
mayitbesoon
02-04 12:44 PM
My husband's I-140 is pending at TSC receipt date Dec 07. The processing date is in Jan 2008. how can we enquire why his I-140 is still pending. no LUD what so ever.
Contacted his HR. they say, they are waiting for reply from law firm.
Other than form 7001 that needs employer signature, are there any ways to enquire into the delay?.
Thanks.
Contacted his HR. they say, they are waiting for reply from law firm.
Other than form 7001 that needs employer signature, are there any ways to enquire into the delay?.
Thanks.
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snathan
05-29 10:28 PM
Check with attorney , there is rule which states last action counts and that means as soon you H1 is approved your status changed to H1, if h1 transfer is denied means you are out of status
try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.
1. If you are still with university and the H1 is valid, you are not out of status.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.
If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status
If you are out of university and company A's H1 is not valid, you are out of stats.
Please check with attorney asap.
try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.
1. If you are still with university and the H1 is valid, you are not out of status.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.
If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status
If you are out of university and company A's H1 is not valid, you are out of stats.
Please check with attorney asap.
more...
actonwang
06-16 09:25 PM
thanks! GC4menow,
Kind of surprise and wonder how you get this kind of info. Is it a given rule or you got it from some friends from USCIS? It looks make sense but:
1. What is USDOS for? Department of state? Who decides Retrogression?
2. In summary, if it is "Current", USCIS processes all files by RD (receive date), and if it has retrogresstion, then they change to process files by PD.
Do they churn/reorder all cases each month according to if it is "current" or not? Any logic behind it?
I hope that sb can write "inside gc process":)
Kind of surprise and wonder how you get this kind of info. Is it a given rule or you got it from some friends from USCIS? It looks make sense but:
1. What is USDOS for? Department of state? Who decides Retrogression?
2. In summary, if it is "Current", USCIS processes all files by RD (receive date), and if it has retrogresstion, then they change to process files by PD.
Do they churn/reorder all cases each month according to if it is "current" or not? Any logic behind it?
I hope that sb can write "inside gc process":)
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vjkypally
05-29 08:54 AM
Same here.
I am july 07 filer and I got RFE for EVL and that should be on companys letter head and a copy of it with job description and offer for full time with salary. (In fact I have sent AC21 through attorney)
And RFE for current residence proof
I am july 07 filer and I got RFE for EVL and that should be on companys letter head and a copy of it with job description and offer for full time with salary. (In fact I have sent AC21 through attorney)
And RFE for current residence proof
more...
SunnySurya
08-21 02:47 PM
No problems, I looking for an airconditioned office to work at..
I once explored the Indian job market. The sun is really hot!!! Beware of the Surya. :)
I once explored the Indian job market. The sun is really hot!!! Beware of the Surya. :)
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tdasara
08-22 09:14 PM
That's because most people do even know what a I-485 looks like :confused: and will likely not know for years!
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gopinathan
04-13 01:55 PM
braindrain - can you please update on your parents visa please ..
I have a similar issue that I need some guidance..
My Wife last name is spelled with 2 e's and my in-laws last names in her passport are spelled with 2 e's. Our Marriage certificate is based on the passport name and has 'ee'.
Her Birth Certificate has only one 'e' and the parents last name in that certificate have single 'e'. Also, my in-laws passports have single 'e'.
how bad is this additional 'e' ?? I wil update her birth certificate to 'ee' so that it matches her passport name (no problems in future for I-485) but can her birth certificate have her parents name as singe 'e' that matches their passports ?? (or is this a stupid idea to have different surnames for child and parents in birth certificate ?)
thanks
Gopi
I have a similar issue that I need some guidance..
My Wife last name is spelled with 2 e's and my in-laws last names in her passport are spelled with 2 e's. Our Marriage certificate is based on the passport name and has 'ee'.
Her Birth Certificate has only one 'e' and the parents last name in that certificate have single 'e'. Also, my in-laws passports have single 'e'.
how bad is this additional 'e' ?? I wil update her birth certificate to 'ee' so that it matches her passport name (no problems in future for I-485) but can her birth certificate have her parents name as singe 'e' that matches their passports ?? (or is this a stupid idea to have different surnames for child and parents in birth certificate ?)
thanks
Gopi
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NKR
03-06 04:21 PM
Guys:
Everyone is talking EB2....what are the prospects for EB3 - India??
Is it going to move forward..??
Good Luck..??
2002
Well.. Everybody stopped talking about EB2. It is predicted that EB2 will be unavailable till Oct 2008 and after that nobody knows how EB2 dates are going to move.
As for EB3, there could be a small movement of 2 to 3 months, I do not think there will be any more movement than that.
Everyone is talking EB2....what are the prospects for EB3 - India??
Is it going to move forward..??
Good Luck..??
2002
Well.. Everybody stopped talking about EB2. It is predicted that EB2 will be unavailable till Oct 2008 and after that nobody knows how EB2 dates are going to move.
As for EB3, there could be a small movement of 2 to 3 months, I do not think there will be any more movement than that.
more...
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milind70
04-27 06:05 PM
Thank you amslonewolf but i already had this one with me. At Mandal Revenue office(MRO) people are not accepting this format.
If there is any other formatt that will be great to me. Once again thanks for you help on this..
I think I had a birth certificate in native language(devangiri) and it had no name since I was named in a naming ceremony as per the customs and culture. I spoke to my attorney about this.She advised me that i get the BC transalated to english and for no name get affidavites by two people saying that the birth certificate was indeed me and i was named later as per customs and culture.I got affidavtes sworn by my mother and father.
Also I dont think that you should have names of both father and mother in BC . ninety pecenty of Birth Certificates issued in India only have fathers name on it.
This is my expereince but i would suggest please consult an attorney.
If there is any other formatt that will be great to me. Once again thanks for you help on this..
I think I had a birth certificate in native language(devangiri) and it had no name since I was named in a naming ceremony as per the customs and culture. I spoke to my attorney about this.She advised me that i get the BC transalated to english and for no name get affidavites by two people saying that the birth certificate was indeed me and i was named later as per customs and culture.I got affidavtes sworn by my mother and father.
Also I dont think that you should have names of both father and mother in BC . ninety pecenty of Birth Certificates issued in India only have fathers name on it.
This is my expereince but i would suggest please consult an attorney.
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anilsal
03-14 04:52 PM
is appreciated at IV. This is in addition to any other contributions (either time or money) to IV. :)
I meant "Recurring monthly Contribution" :)
I meant "Recurring monthly Contribution" :)
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mdcowboy
02-25 08:45 PM
I don�t want to get into this fight or judge the OP. They are already paying the price for they did. Just I want to reply for your post. If it has happened by mistake we can consider put ourselves into their shoes. I believe most of us do not want to shoplift intentionally. Some people are doing it for fun/thrill or it�s in their blood. In this context, I failed to understand what do you mean by 'Put yourself in their shoes'.
People got one more channel to vent their frustration... Never mind...
I don't know if they did this intentionally or not. They may be remorseful or not. They may be seriously looking for some immigration advice and not your banter.
People got one more channel to vent their frustration... Never mind...
I don't know if they did this intentionally or not. They may be remorseful or not. They may be seriously looking for some immigration advice and not your banter.
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anilsal
09-11 10:45 PM
and chose standard shipping ( just 1.50 or so more than regular), it is arriving tomorrow.
So people who are attending the rally, you still can make it.
BUY IV Merchandise immediately.
So people who are attending the rally, you still can make it.
BUY IV Merchandise immediately.
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SunnySurya
07-17 12:44 PM
Any Idea, why the processing times have not been released yet?
bigboy007
11-01 02:15 AM
Ok i think u got me misunderstood : Ok to alleviate : Address A - My current address
Address B -- My friends address.
B is in IL , A is in CT. Now all my credit card statements , USCIS all other except DMV drivers license are in A. Only DL is with B reason i moved recently and not sure how many days this is going to work and since moving car registration etc is expensive thing in CT and there is no certainity on how it works . Now i am changing back my DL and Car registration hence asked this Question , i am well aware of fall backs of USCIS hence changed within 10 days filed AR-11 and all pending petetions and USCIS started corresponding with this new address.
Address B -- My friends address.
B is in IL , A is in CT. Now all my credit card statements , USCIS all other except DMV drivers license are in A. Only DL is with B reason i moved recently and not sure how many days this is going to work and since moving car registration etc is expensive thing in CT and there is no certainity on how it works . Now i am changing back my DL and Car registration hence asked this Question , i am well aware of fall backs of USCIS hence changed within 10 days filed AR-11 and all pending petetions and USCIS started corresponding with this new address.
VA2008
09-25 11:56 AM
Great find! I printed and posted it my office.
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