buntee2
06-17 11:23 AM
Attorney applied for my H-1b transfer in the first week of June'08 and I have still not heard back. How long does it typically take to receive Receipt Notice?
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mdipi
10-21 05:33 PM
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h1b_forever
03-03 12:04 PM
Pappu,
Is it possible to provide some kind of link to this forum from homepage
We have created a new area on the forum to help IV members.
Jobs and networking - Immigration Voice (http://immigrationvoice.org/forum/forum114-jobs-and-networking/)
It may not be visible on the homepage thread. This would be a separate area where members can share information.
Is it possible to provide some kind of link to this forum from homepage
We have created a new area on the forum to help IV members.
Jobs and networking - Immigration Voice (http://immigrationvoice.org/forum/forum114-jobs-and-networking/)
It may not be visible on the homepage thread. This would be a separate area where members can share information.
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DSLStart
01-08 10:51 AM
You can stay out of the US for up to 6 months with no consequence, as long as the person has a vaild green card and passport. Over 6 months contact with the US consulate is needed and the green card holder can stay out of the country for up to a year. Over a year the green card holder will forfeit their green card and not be allowed to re-enter the country.
The US permanent resident CAN stay out of the country for more than a year if they apply for and are granted a re-entry permit by USCIS prior to leaving the country. However, for a PR to become a citizen, he/she must have 5 years of continuous residency and staying abroad for more than a year will typically break it regardless of whether a re-entry permit is issued/used.
after all there is no departure date stamped in my passport? do the airlines inform INS of passenger departure dates? does INS keep a record of departure dates of green card holders in their computers?
i know that the immigration officer at the port of entry asks "How long have u been outside the US?" In my case it will be one year and one week so can i just say "about a year"
The US permanent resident CAN stay out of the country for more than a year if they apply for and are granted a re-entry permit by USCIS prior to leaving the country. However, for a PR to become a citizen, he/she must have 5 years of continuous residency and staying abroad for more than a year will typically break it regardless of whether a re-entry permit is issued/used.
after all there is no departure date stamped in my passport? do the airlines inform INS of passenger departure dates? does INS keep a record of departure dates of green card holders in their computers?
i know that the immigration officer at the port of entry asks "How long have u been outside the US?" In my case it will be one year and one week so can i just say "about a year"
more...
dealsnet
05-02 04:50 PM
You must get paid by your H1B employer. Middle or another middle is not valid on the face of the law. You cannot ask any one other than your employer for pay also. If you didn't get your salary, file a complaint agaist your employer with the labor department. Do not mention about any entity other than your employer. You have no right to interfare into company matters.
Recently my employer written a mail saying that he is closing the company and said to look for new employer.Previously i am working through a middle layer.When i found new employer he directly approached main vendor regarding contract.Now i am working without middle layer.Mean while middle layer hold my 45 days pay .The middle layer is not willing to pay.It is almost 8 months.I worked more than 20 months through middle layer.Can i get my money back?The middle man Threatening saying there is contract which you cannot go and it is breach.Can you please advise.
Recently my employer written a mail saying that he is closing the company and said to look for new employer.Previously i am working through a middle layer.When i found new employer he directly approached main vendor regarding contract.Now i am working without middle layer.Mean while middle layer hold my 45 days pay .The middle layer is not willing to pay.It is almost 8 months.I worked more than 20 months through middle layer.Can i get my money back?The middle man Threatening saying there is contract which you cannot go and it is breach.Can you please advise.
Shrek
07-01 04:56 PM
Hello Experts!!!
I need some serious advice, saw a few related threads, hence joined this forum immediately to get some help...
My 6 years H1 B limit ends in August 2008.Stamp on I-94 is also as of Aug 08
Question 1) Employer A filed for I-140 in October 2007. Due to some serious medical conditions I was unable to work from Nov '07 till date. My employer terminated my employment in March 2007 as I was not working then and not in a state to work either.
I dont think Employer A has revoked my H1B coz I got my I-140 approved thru Employer A, this June (2008). Am I out of status per USCIS/INS 'on paper' ?
Question 2) I am now capable to resume work. In June 2008 I have found Employer B. What are my chances of getting my H1B successfully transferred to Emp B. The last pay stub is as of Oct 2007. I can get a medical certificate explaining my absence from work till date.
Question 3) Also, with Employer A's approved I-140, can I apply for a 3 year extension for Employer B since my 6 year tenure ends next month - Aug 08 ?
Question 4) How will the entire process work. What r my chances ? If the H1 gets approved do I have to leave the country and re-stamp ? If the H1 gets approved why shud I leave the country, can I not just start work coz I have another 3 year extension becoz of the approved I-140 thru Employer A ?
PLEASE HELP......
I need some serious advice, saw a few related threads, hence joined this forum immediately to get some help...
My 6 years H1 B limit ends in August 2008.Stamp on I-94 is also as of Aug 08
Question 1) Employer A filed for I-140 in October 2007. Due to some serious medical conditions I was unable to work from Nov '07 till date. My employer terminated my employment in March 2007 as I was not working then and not in a state to work either.
I dont think Employer A has revoked my H1B coz I got my I-140 approved thru Employer A, this June (2008). Am I out of status per USCIS/INS 'on paper' ?
Question 2) I am now capable to resume work. In June 2008 I have found Employer B. What are my chances of getting my H1B successfully transferred to Emp B. The last pay stub is as of Oct 2007. I can get a medical certificate explaining my absence from work till date.
Question 3) Also, with Employer A's approved I-140, can I apply for a 3 year extension for Employer B since my 6 year tenure ends next month - Aug 08 ?
Question 4) How will the entire process work. What r my chances ? If the H1 gets approved do I have to leave the country and re-stamp ? If the H1 gets approved why shud I leave the country, can I not just start work coz I have another 3 year extension becoz of the approved I-140 thru Employer A ?
PLEASE HELP......
more...
manderson
07-17 01:04 PM
I wonder if there are any provisions in there that can indirectly help our backlogs as well? Text of bill: http://www.aila.org/content/default.aspx?docid=22907
This has passed House and I was reading in Oh's site that President will sign it soon. Is it possible to throw in some indirect 485 backlog reduction provisions in there?
Oh's report:
07/17/2007: Passport Processing Meltdown to Receive Some Help from Retired Diplomats
Currently, the department is receiving more than 1 million passport applications a month and holds a backlog of about 500,000 that have been pending more than 10 weeks, instead of the usual six to eight The Senate passed S. 966 bill late last month to allow State to rehire retired Foreign Service employees to staff overwhelmed passport processing centers across the country. Retirees now have little incentive to return because current law cuts their salaries by the amount of their pensions. The House yesterday agreed to the Senate bill and passed it yesterday which is likely to grant the State Department the flexibility to rehire retired and fully trained passport processors on a temporary basis to help existing processors manage the increased demand. The President is likely to sign the quickly. Read on (http://www.govexec.com/story_page.cfm?articleid=37485&dcn=todaysnews) (http://www.govexec.com/story_page.cfm?articleid=37485&dcn=todaysnews).
Probably I am jumping the gun here but if I am not, hope this post won't hurt IV's agenda.
This has passed House and I was reading in Oh's site that President will sign it soon. Is it possible to throw in some indirect 485 backlog reduction provisions in there?
Oh's report:
07/17/2007: Passport Processing Meltdown to Receive Some Help from Retired Diplomats
Currently, the department is receiving more than 1 million passport applications a month and holds a backlog of about 500,000 that have been pending more than 10 weeks, instead of the usual six to eight The Senate passed S. 966 bill late last month to allow State to rehire retired Foreign Service employees to staff overwhelmed passport processing centers across the country. Retirees now have little incentive to return because current law cuts their salaries by the amount of their pensions. The House yesterday agreed to the Senate bill and passed it yesterday which is likely to grant the State Department the flexibility to rehire retired and fully trained passport processors on a temporary basis to help existing processors manage the increased demand. The President is likely to sign the quickly. Read on (http://www.govexec.com/story_page.cfm?articleid=37485&dcn=todaysnews) (http://www.govexec.com/story_page.cfm?articleid=37485&dcn=todaysnews).
Probably I am jumping the gun here but if I am not, hope this post won't hurt IV's agenda.
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marryroy
09-16 07:31 AM
Hello...
I am Marry here.I am also very interested in C#.That is a very nice concept By Microsoft.Please share more tutorials if possible.I hope to share updates for the software also.Thank you for sharing the post...
I am Marry here.I am also very interested in C#.That is a very nice concept By Microsoft.Please share more tutorials if possible.I hope to share updates for the software also.Thank you for sharing the post...
more...
sanjeev_2004
06-16 03:26 PM
is it for family based applications not for EB category fileing?
thanks.
thanks.
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akshaya10001
10-10 08:58 PM
For 2011 EB2 without spillover
China: August'2006 and India: May'2006
Monthly ~250 allocation is not good enough to cover pending cases prior to May 2006. prior to May'2006 no.of pending cases are close to 2700 cases, so this year quota is good enough to clear these pending cases. With porting we may also see Unavailable down the time.
This leaves for 2006 pending cases
China - 2950
India - 11800 . total ~15K
If we get spill over of 14K then EB2 India & China will move to 2007. Do we get 14K spillover for current year is Big ?
Pending Cases Till August'2007
India 9809 and china 5714 total 15,500
Below is PERM Data from Sept'2008 to October'2009 Analysis courtesy by Vedu in another forum
I exported PERM 2008 and PERM 2009 files in excel, then removed the denied and withdrawn cases from those files. Next, I used some filters to find out the exact numbers. Here is what I get:
October 2007 to September 2008
Certified cases: India-7197 and China-1210
Certified-Expired cases: India- 9371 and China-2118
October 2008 to September 2009
Certified cases: India- 6403 and China - 1090
Certified-Expired: India-4984 and China-1022
Spill Over Analysis:
for this we need to consider EB1, Eb2 and Eb5 Quota which is 90K+
EB1 Pending at the beging ofthe year: 7595
Eb2 Row Pending: 8859
Eb5 Pending: 23
Eb2 India & China Quota will be utilized fully : 5600
Total 22,077 so 90K-22K = 68K available for 2011 for categories. EB1, EB5 & ROW EB2
Spill Over Estimate is 68K - EB1, EB5 & Row EB2 estimate. this estimate is diff task & Key.
Pls share if any one able to throw light on this???????
Also India EB3 to EB2 Porting cases estimate is another factor as china EB3 will move to 2006 not much porting expected from china.
China: August'2006 and India: May'2006
Monthly ~250 allocation is not good enough to cover pending cases prior to May 2006. prior to May'2006 no.of pending cases are close to 2700 cases, so this year quota is good enough to clear these pending cases. With porting we may also see Unavailable down the time.
This leaves for 2006 pending cases
China - 2950
India - 11800 . total ~15K
If we get spill over of 14K then EB2 India & China will move to 2007. Do we get 14K spillover for current year is Big ?
Pending Cases Till August'2007
India 9809 and china 5714 total 15,500
Below is PERM Data from Sept'2008 to October'2009 Analysis courtesy by Vedu in another forum
I exported PERM 2008 and PERM 2009 files in excel, then removed the denied and withdrawn cases from those files. Next, I used some filters to find out the exact numbers. Here is what I get:
October 2007 to September 2008
Certified cases: India-7197 and China-1210
Certified-Expired cases: India- 9371 and China-2118
October 2008 to September 2009
Certified cases: India- 6403 and China - 1090
Certified-Expired: India-4984 and China-1022
Spill Over Analysis:
for this we need to consider EB1, Eb2 and Eb5 Quota which is 90K+
EB1 Pending at the beging ofthe year: 7595
Eb2 Row Pending: 8859
Eb5 Pending: 23
Eb2 India & China Quota will be utilized fully : 5600
Total 22,077 so 90K-22K = 68K available for 2011 for categories. EB1, EB5 & ROW EB2
Spill Over Estimate is 68K - EB1, EB5 & Row EB2 estimate. this estimate is diff task & Key.
Pls share if any one able to throw light on this???????
Also India EB3 to EB2 Porting cases estimate is another factor as china EB3 will move to 2006 not much porting expected from china.
more...
fall1998
05-17 09:12 PM
Is everyone getting approval without case being transferred to other service centers?
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sendmailtojk
04-09 03:35 PM
Gurus,
I am filing a ***new*** I-765 application this week. On the USCIS website, I saw following notice. Is it true?
--------------------------------------------------------------
Filing Fee :
$340
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
--------------------------------------------------------------
Cheers
I am filing a ***new*** I-765 application this week. On the USCIS website, I saw following notice. Is it true?
--------------------------------------------------------------
Filing Fee :
$340
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
--------------------------------------------------------------
Cheers
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bayoubengal
12-16 02:07 PM
This is for EB2 row. and whats the visa bulletin's priority dates.?
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njboy
06-20 10:46 PM
http://news.yahoo.com/s/ap/20060620/ap_on_go_co/immigration
http://news.yahoo.com/s/ap/20060620/ap_on_go_co/immigration
WASHINGTON - In a defeat for President Bush, Republican congressional leaders said Tuesday that broad immigration legislation is all but doomed for the year, a victim of election-year concerns in the House and conservatives' implacable opposition to citizenship for millions of illegal immigrants.
http://news.yahoo.com/s/ap/20060620/ap_on_go_co/immigration
WASHINGTON - In a defeat for President Bush, Republican congressional leaders said Tuesday that broad immigration legislation is all but doomed for the year, a victim of election-year concerns in the House and conservatives' implacable opposition to citizenship for millions of illegal immigrants.
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cloud 9
05-06 07:34 PM
I applied I-140 in June of 2007 and case was approved in Oct, 2007.
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senk1s
06-22 12:39 AM
Some think its wasted money, some think its a worthwhile backup
1. No - nothing about canadian PR is required, only country of citizenship
2. Nothing happens
3. I dont know what LOE is - already having a canadian PR doesnt affect 485 (we've done the same) - you cannot maintain PR of 2 countries at the same time
1. No - nothing about canadian PR is required, only country of citizenship
2. Nothing happens
3. I dont know what LOE is - already having a canadian PR doesnt affect 485 (we've done the same) - you cannot maintain PR of 2 countries at the same time
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prem_goel
04-17 02:02 PM
I changed jobs twice after I-140 approval/180 - days of filing 485. I am in the 6th year of my H-1B. Both the times I transfered my H-1B and got validity for 3 years based on AC-21.
Now I know there is no formal form for AC-21. Most of the people send a letter along with some supporting documentation that their new job is similar to the old one. I didn't send any such letter, however when my H-1B transfers were done, the attorneys quoted AC-21 in the petition and got 3 year H-1B extensions.
My question is, would that consider notifying USCIS of AC-21, or is the 485 department different from H-1B department?
Now I know there is no formal form for AC-21. Most of the people send a letter along with some supporting documentation that their new job is similar to the old one. I didn't send any such letter, however when my H-1B transfers were done, the attorneys quoted AC-21 in the petition and got 3 year H-1B extensions.
My question is, would that consider notifying USCIS of AC-21, or is the 485 department different from H-1B department?
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dollar500
08-14 08:32 PM
I live in NJ and my application was recieved on July 2nd. would that be Nebraska or Texas SC?
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ursnkk
11-22 07:42 PM
Hi
I got my visa H1B from employer X in the year 2003 and travelled to US in jan 2004 immigration officials denied my port of entry saying employer X is non-existent and cancelled my visa and told to with draw my application and they have written 212(a)(c)(i)(i) on my passport.I went back to my home country and worked over there for 3 yrs. After sometime i got an offer from some employer Y,they have filed for my H1B and approved.
When i went for visa to US Consulate visa officer told me that am ineligible for the H1B visa. I have explained them what exactly happened in 2004.
VisaOfficer has asked to appeal for waiver using the form I-601,after my appeal to the USCIS, consulate has given the visa.I came to US in 2007 and working for same employer B .I applied for extension under the same employer B,got an RFE asking to submit aggrement b/w the client and the vendor,the requested documents are sent. After that USCIS sent NOID(Notice of Intent to Deny),gave the reason as :
In January 2004 the beneficiay applied for admission as an H1 B Worker for company X.Under oath the beneficiary stated he never signed a contract with the petitioning company X,the petition company was found not to exist. Therefore, the beneficiary was found inadmissible under 212(A)(6)(C)(I) and 212(A)(7)(A)(I)(I) and permanently ineligible for the H1 Classification.
USCIS has again came back with the same issue of my previous H1 B.
I have been in US from 2007 June with employer Y ,after going through all the process in the year 2007 USCIS has issued my visa.
Please advice me on this, any help fully appreciated.
Thank you again for your anticipated cooperation in this matter.
I got my visa H1B from employer X in the year 2003 and travelled to US in jan 2004 immigration officials denied my port of entry saying employer X is non-existent and cancelled my visa and told to with draw my application and they have written 212(a)(c)(i)(i) on my passport.I went back to my home country and worked over there for 3 yrs. After sometime i got an offer from some employer Y,they have filed for my H1B and approved.
When i went for visa to US Consulate visa officer told me that am ineligible for the H1B visa. I have explained them what exactly happened in 2004.
VisaOfficer has asked to appeal for waiver using the form I-601,after my appeal to the USCIS, consulate has given the visa.I came to US in 2007 and working for same employer B .I applied for extension under the same employer B,got an RFE asking to submit aggrement b/w the client and the vendor,the requested documents are sent. After that USCIS sent NOID(Notice of Intent to Deny),gave the reason as :
In January 2004 the beneficiay applied for admission as an H1 B Worker for company X.Under oath the beneficiary stated he never signed a contract with the petitioning company X,the petition company was found not to exist. Therefore, the beneficiary was found inadmissible under 212(A)(6)(C)(I) and 212(A)(7)(A)(I)(I) and permanently ineligible for the H1 Classification.
USCIS has again came back with the same issue of my previous H1 B.
I have been in US from 2007 June with employer Y ,after going through all the process in the year 2007 USCIS has issued my visa.
Please advice me on this, any help fully appreciated.
Thank you again for your anticipated cooperation in this matter.
Keyjuang
05-30 05:09 AM
Sir,
I got my green card on Feb'2008 and had to make emergency travel to my country Mexico to be with my family on August'2008. Now, I would like to come back after 10 months of stay in Mexico. The problem is that I do not have any permanent residence/car/Electricity bill to prove my permanent residency status except VOIP phone and paid my tax for the last 6 years promptly. Is it possible for me to make it to USA? or Should I wait for 2 more moths and file for Visa reentry permit in local embassy and come there if I get one?
Please advice me.
Thanks,
Juang.
I got my green card on Feb'2008 and had to make emergency travel to my country Mexico to be with my family on August'2008. Now, I would like to come back after 10 months of stay in Mexico. The problem is that I do not have any permanent residence/car/Electricity bill to prove my permanent residency status except VOIP phone and paid my tax for the last 6 years promptly. Is it possible for me to make it to USA? or Should I wait for 2 more moths and file for Visa reentry permit in local embassy and come there if I get one?
Please advice me.
Thanks,
Juang.
bostonqa
06-14 09:05 AM
---I'm only talking in regards to FY-2007 in light of current development.---
Now that everything is current there would not be any need to per country quota. CORRECT?
Or since EB3 other is not current ("U") they cannot use AC21?
they have hinted retrogression in Sept for China, India, etc
Now if there is no per country quota, how can they retrogress EB for China, India, or any other country unless EB3 ROW is not current?
So unless they retrogress ROW, logically they should not retrogress at least EB2 for India, China and other countries
Now that everything is current there would not be any need to per country quota. CORRECT?
Or since EB3 other is not current ("U") they cannot use AC21?
they have hinted retrogression in Sept for China, India, etc
Now if there is no per country quota, how can they retrogress EB for China, India, or any other country unless EB3 ROW is not current?
So unless they retrogress ROW, logically they should not retrogress at least EB2 for India, China and other countries
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