waitnwatch
05-30 01:36 PM
I understand if someone was stuck in BEC, we all got s****ed with that.
But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.
PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.
I am not talking about applying when one reaches the 5th year. What I am saying is that a person starts applying from the first year itself (under the new merit system) but does not get a number because the quota is oversubscribed. Believe me or not this may happen to an economics or business professor with a Ph.D. from India or China. This person will have to apply every year under the proposed merit system. If this person does not get a number by the 6th year she/he has to leave. So a professor may get tenure but not an extension on H1-B because she/he did not ever get an opportunity to file a I-140.
But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.
PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.
I am not talking about applying when one reaches the 5th year. What I am saying is that a person starts applying from the first year itself (under the new merit system) but does not get a number because the quota is oversubscribed. Believe me or not this may happen to an economics or business professor with a Ph.D. from India or China. This person will have to apply every year under the proposed merit system. If this person does not get a number by the 6th year she/he has to leave. So a professor may get tenure but not an extension on H1-B because she/he did not ever get an opportunity to file a I-140.
wallpaper F-14D Front Cockpit
jayram123
07-15 10:56 AM
From Houston, TX
for_ac21iv
06-01 03:21 PM
Hellow Anindya,
Thank you for pointing the petition.
I saw the petition, and I see that there are some 251 signatories.
Whats next with it ? Can we use that to "lobby" ?
Let us all know about it. So we can make it effective.
Keep posting thank you.
regards,
You guys might want to check out my online petition:
http://www.petitiononline.com/legalimm/petition.html
Thank you for pointing the petition.
I saw the petition, and I see that there are some 251 signatories.
Whats next with it ? Can we use that to "lobby" ?
Let us all know about it. So we can make it effective.
Keep posting thank you.
regards,
You guys might want to check out my online petition:
http://www.petitiononline.com/legalimm/petition.html
2011 F-14A Tomcat Rear Cockpit
glus
03-19 09:25 AM
i am switching job using ac21. my current employer trusts immigration attorneys. and as expected attorneys suggested (since they get paid) that company should withdraws both H1 and I-140 after I leave. I know I am safe, however USCIS will definitly send me an RFE at time of processing my application and I will have to answer that. So I am trying to put my side to them saying that if it is optional, they should not.
So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.
Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.
On flip side, if it is mandated, then why most of the employers do not withdraw the application ?
NO, period.
So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.
Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.
On flip side, if it is mandated, then why most of the employers do not withdraw the application ?
NO, period.
more...
gparr
March 14th, 2004, 09:36 PM
Lecter,
So we can conclude that resolution and focus are a little shakey?
Gayr
So we can conclude that resolution and focus are a little shakey?
Gayr
chandrajp
06-25 09:38 AM
As we all know that priority dates became current in the latest visa bulletin. My lawyer made all my paper work ready and is about to file my paperwork with USCIS today. I am not sure if we can file the application a week before it actually becomes current.
I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?
I read in Sheila Murthy web site that she herself knows a case wherein the applicant sent the I485 application just a day before and his/her application got rejected and was penalized in such a way that his application was accepted only a year later.
I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?
I read in Sheila Murthy web site that she herself knows a case wherein the applicant sent the I485 application just a day before and his/her application got rejected and was penalized in such a way that his application was accepted only a year later.
more...
sunny1000
06-11 05:39 PM
Sunny1000,
Please be careful before replying. If you do not know, don't answer.
I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.
Don't tell me what I need to do. This is not a "lawyers only" forum where I have to give the legally correct answer. Based on what he described, I gave the best answer I could think of, that too after nobody answered and he bumped it up.
Re-read my post. As I said, it was my view and of course, there are better answers than mine (desi3933 for instance). If you don't like my answer, ignore and move on.
Please be careful before replying. If you do not know, don't answer.
I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.
Don't tell me what I need to do. This is not a "lawyers only" forum where I have to give the legally correct answer. Based on what he described, I gave the best answer I could think of, that too after nobody answered and he bumped it up.
Re-read my post. As I said, it was my view and of course, there are better answers than mine (desi3933 for instance). If you don't like my answer, ignore and move on.
2010 F-14A Tomcat Front Cockpit
Rishi123
11-09 12:23 PM
Dear Friends :
Appreciate if you could provide some insight to my situation.
I had filed my labor certification from company (A) ( Based on future employment ) .
PD Sep/04
I did not work for the company (A)
My labor certification has got approved and now I am preparing to file I-140.
In the mean while my current employer (B) had approved to file my GC- ( PERM labor ) will get it filed in beginning of 2007.
Should I file my I-140 from company (A) in order to retain PD...I am told that once the I-140 gets approved from (A ) the priority date can get transferred to the company B when ever that I-140 stage reaches.
Is this a recommended course ? would there be flags raised when I file PERM labor & subsequent I-140 for company (B)..I came across items on the I-140 form that asks " has any Immigration visa petition ever being filed behalf of this person"..Not sure what are the implications if one confirms the same.
I am not able to get a clearer picture.
You help will be highly appreciated
Rishi
Appreciate if you could provide some insight to my situation.
I had filed my labor certification from company (A) ( Based on future employment ) .
PD Sep/04
I did not work for the company (A)
My labor certification has got approved and now I am preparing to file I-140.
In the mean while my current employer (B) had approved to file my GC- ( PERM labor ) will get it filed in beginning of 2007.
Should I file my I-140 from company (A) in order to retain PD...I am told that once the I-140 gets approved from (A ) the priority date can get transferred to the company B when ever that I-140 stage reaches.
Is this a recommended course ? would there be flags raised when I file PERM labor & subsequent I-140 for company (B)..I came across items on the I-140 form that asks " has any Immigration visa petition ever being filed behalf of this person"..Not sure what are the implications if one confirms the same.
I am not able to get a clearer picture.
You help will be highly appreciated
Rishi
more...
mayhemt
04-29 08:16 PM
If only their future was clear... they would have a tleast bought a house, if not start a business.
150 000 * 190 000 = 28 500 000 - Assuming 190K is median home price.
28.5 billion $ went unused.
This is just the real estate - not even counting other in-direct purchases, cars, furniture, other related services.
150 000 * 100 000 * (6%) = 900 000 000 : Assuming 100K is their annual salary, US lost earning 900 million $ in SS contributions.
May be we should show a factor to US Govt, each unused visa equals to XX unused economy dollars.
Homes purchases lost : 28 Billion
Social Security unearned: 900 Million
Effect of guy yelling "Tuk Yer Job": Priceless.
(If you watch South Park, you would understand the above...)
150 000 * 190 000 = 28 500 000 - Assuming 190K is median home price.
28.5 billion $ went unused.
This is just the real estate - not even counting other in-direct purchases, cars, furniture, other related services.
150 000 * 100 000 * (6%) = 900 000 000 : Assuming 100K is their annual salary, US lost earning 900 million $ in SS contributions.
May be we should show a factor to US Govt, each unused visa equals to XX unused economy dollars.
Homes purchases lost : 28 Billion
Social Security unearned: 900 Million
Effect of guy yelling "Tuk Yer Job": Priceless.
(If you watch South Park, you would understand the above...)
hair REQ: F-14D Cockpit photos
gaz
08-13 07:41 AM
his predictions were so accurate ... black 'copters landed and took him away... :p
more...
fasterthanlight�
06-06 02:51 PM
Awesome 3 of my 36 stamps got in :P
But seriously, i wish you put in my pink nebula one! oh well! :)
But seriously, i wish you put in my pink nebula one! oh well! :)
hot The F-14
needhelp!
03-24 12:49 PM
Thank You Mark! That was great.
Also thanks to the caller Andy.
Also thanks to the caller Andy.
more...
house and get the cockpit in.
joydiptac
08-06 11:58 PM
Article is excellent. Thanks for sharing.
A divorce will not benefit anyone. Think about all the time you spent with each other as an investment. A job, and a little independence should not change your attitude. Think of the kids futures what they have to go thru. Its a total loose loose.
If you absolutely have to go thru with the divorce. Find a US citizen or maybe a GC holder who will be ready to marry you right after the divorce. Then you don't have to go out of the country. Or else reason with your husband to hold off on the divorce till GC.
A divorce will not benefit anyone. Think about all the time you spent with each other as an investment. A job, and a little independence should not change your attitude. Think of the kids futures what they have to go thru. Its a total loose loose.
If you absolutely have to go thru with the divorce. Find a US citizen or maybe a GC holder who will be ready to marry you right after the divorce. Then you don't have to go out of the country. Or else reason with your husband to hold off on the divorce till GC.
tattoo F-14 Cockpit Part One by David
breddy2000
04-04 03:31 PM
Nothing to get excited about. As far as I know, USCIS definition of backlog does not include cases waiting for visa number availability...But surely, this will be a great relief for people whose dates have been current for a long time but for some reason USCIS has put their cases under admin processing...
Typically, USCIS adjudicates applications on a first in first out basis, however, as explained above, since USCIS cannot approve an adjustment application and grant permanent residence until an individual visa number is available, the first in first out principle does not apply to these “visa regressed” cases. USCIS is processing adjustment applications based on projections of when a visa number will become available.
Maybe the recent RFEs and pre-adjudication cases have something to do with the remaining visa numbers of 55,000. So USICS is gearing to clear these numbers within next 4-5 months.
Typically, USCIS adjudicates applications on a first in first out basis, however, as explained above, since USCIS cannot approve an adjustment application and grant permanent residence until an individual visa number is available, the first in first out principle does not apply to these “visa regressed” cases. USCIS is processing adjustment applications based on projections of when a visa number will become available.
Maybe the recent RFEs and pre-adjudication cases have something to do with the remaining visa numbers of 55,000. So USICS is gearing to clear these numbers within next 4-5 months.
more...
pictures 1:48 Academy F-14A Tomcat
martinvisalaw
10-07 02:04 PM
I received my H-1B approval for one year but my I-797 arrived without an I-94....
The notice also states that approved I-129 has been sent to Hyderabad Consulate upon request.
Can someone provide some insight on how to proceed and what are the options? Is there a chance to obtain authorisation by re-entering through a POE? What does this mean to my future in the states. Please clarify.
You need to leave the US and return showing the new approval notice. You may be able to just go to Canada or Mexico (depending on those countries' immigration rules) and return showing the old H-1B visa and the new approval. You should do this ASAP because you have been out of status for quite a while now.
The notice also states that approved I-129 has been sent to Hyderabad Consulate upon request.
Can someone provide some insight on how to proceed and what are the options? Is there a chance to obtain authorisation by re-entering through a POE? What does this mean to my future in the states. Please clarify.
You need to leave the US and return showing the new approval notice. You may be able to just go to Canada or Mexico (depending on those countries' immigration rules) and return showing the old H-1B visa and the new approval. You should do this ASAP because you have been out of status for quite a while now.
dresses 1/32 Revell Monogram F-14A by
eastindia
09-23 10:58 AM
It’s not India or China who asked for globalization. It was America who wants to sell their products throughout the world.
No matter how many bills these Senators may make they are not going to stop outsourcing.
America didn’t develop because of protectionist policies, it grow because it was a free market.
In today's world it is simply not possible to stop outsourcing. It is also not possible to stop all illegal immigration or send all legal/illegal immigrats out. Anti-immigrants are very few in number and they try to project as if the entire America wants what they want. They will still go and buy a Toyota and buy stuff Made in China from the store :) Ask them if they want double for their grocery every week if we deport all undocumented and their answer will definitely be a NO.
No matter how many bills these Senators may make they are not going to stop outsourcing.
America didn’t develop because of protectionist policies, it grow because it was a free market.
In today's world it is simply not possible to stop outsourcing. It is also not possible to stop all illegal immigration or send all legal/illegal immigrats out. Anti-immigrants are very few in number and they try to project as if the entire America wants what they want. They will still go and buy a Toyota and buy stuff Made in China from the store :) Ask them if they want double for their grocery every week if we deport all undocumented and their answer will definitely be a NO.
more...
makeup F-14A RIO#39;s Cockpit
MerciesOfInjustices
06-07 11:21 PM
Well said!
girlfriend This F-14 is huge,
immi_seeker
07-14 01:57 PM
I have a similar issue, Applied for a EAD that is expiring in Sep08 on June10th08, Got EAD approved from NSC on July7th and saw that the new EAD Card is valid from 01/01/08 to 01/01/09, so in effect its extended by 4 months.
Planning to call NSC to see what I can do,
Ok, so it maynot be neccessarily be a typographical error as i thought, unless all the cards that have been approved on july 7th had this erro. pls let me know what you find. Usually7 level1 officers have no info..so try to see if u can reach a level3 customer officer..i will contact uscis again this afternoon and will post the outcome.
btw, what is ur PD & categoru
Planning to call NSC to see what I can do,
Ok, so it maynot be neccessarily be a typographical error as i thought, unless all the cards that have been approved on july 7th had this erro. pls let me know what you find. Usually7 level1 officers have no info..so try to see if u can reach a level3 customer officer..i will contact uscis again this afternoon and will post the outcome.
btw, what is ur PD & categoru
hairstyles F-14D Rear Cockpit
monkeyman
02-26 11:26 PM
If you have filed for I-485 and you have your receipt # (starting with LIN) and you have a copy of the encashed check or the proof of the financial transaction (could be you, your employer or lawyer) and the online status says I-485 Adjustment of Status pending, then you have nothing to worry about. If you had moved or changed your address it may have been misplaced. But you have nothing to worry about if the checks are cashed and you have the Receipt #.
newuser
08-17 09:58 AM
PA dmv sucks..dont worry ...try next day or evening in the same time form diffrent officer...they are some time stupid and they don't know what they are talking..
Take all necessary documents try more times..some officers gives some dont..becuase some of my friend has same issue..they got it...from diffrent officers...dont worry
I agree with what gcganapati said. Some of folks in these centre's have no idea about these docments. I had mine renewed twice before. First time, I did renew online and they sent a receipt that I took to the DMV center, no problem at all.
Second time, as we want to change the address, they started asking all the documents like 485 receipt notice, EAD, proof of address. It took half hour for them to check in their system (God knows what they are checking) and issued the license.
If its very urgent, try other DMV center's or pay the fee online and take the receipt and get the license renewed at the DMV center.
Take all necessary documents try more times..some officers gives some dont..becuase some of my friend has same issue..they got it...from diffrent officers...dont worry
I agree with what gcganapati said. Some of folks in these centre's have no idea about these docments. I had mine renewed twice before. First time, I did renew online and they sent a receipt that I took to the DMV center, no problem at all.
Second time, as we want to change the address, they started asking all the documents like 485 receipt notice, EAD, proof of address. It took half hour for them to check in their system (God knows what they are checking) and issued the license.
If its very urgent, try other DMV center's or pay the fee online and take the receipt and get the license renewed at the DMV center.
EndlessWait
05-01 12:09 PM
If old I-140 has not been revoked, you are entitled to the old PD.
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
it it was not fraudulent.. that's what my lawyer told me
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
it it was not fraudulent.. that's what my lawyer told me
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