waitnwatch
05-30 01:42 PM
Ideally all H1B people who are interested in immigrating will apply for GC around the 2nd or 3rd year of H1B.
If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.
The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.
Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.
Please see my previous post. I am talking about the new system which does not have the EB1/2/3 classification. Please do not confuse it with the existing system. Also under the new system you have 6 points for employer recommendation and 10 points for experience. So 1st year employees may not get either an employer recommendation or any points for work experience.
If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.
The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.
Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.
Please see my previous post. I am talking about the new system which does not have the EB1/2/3 classification. Please do not confuse it with the existing system. Also under the new system you have 6 points for employer recommendation and 10 points for experience. So 1st year employees may not get either an employer recommendation or any points for work experience.
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gc_on_demand
05-22 10:18 AM
Hello -
if they are to terminate concurrent filing. How long would it take for
the rule to take place. This includes 2 months comment period and all
Thanks
P :)
I think after comment period with in week they publish rule in federal register.
So at max by aug 15th they will make this rule.
if they are to terminate concurrent filing. How long would it take for
the rule to take place. This includes 2 months comment period and all
Thanks
P :)
I think after comment period with in week they publish rule in federal register.
So at max by aug 15th they will make this rule.
optimizer
01-15 11:15 AM
My case is also under extended review and in the same situation as other VSG/affiliate current/former employees in this thread.
Based on the current situation and discussing with other members it doesn't really look like USCIS will revoke or deny I140/I485s enmasse, but you never know.
We have followed the law and were always employed with paystubs and everything and have nothing to fear.
I have formed a yahoo group for current/former VSG employees whose GC is stuck.
Group members can share experiences and exchange ideas as we go through the pain of GC Processing.
Staying as a group we can plan to hire a powerful attorney if god forbid our situation gets worse.
I have already sent group invite to some of you to join this group. If you are interested in joining, send me a private message or email me at thebestoptimizer @ gmail.com
I believe Suvendra had posted the same question in the OTHER popular immigration forum and had some replies there.
Thanks,
Optimizer
Based on the current situation and discussing with other members it doesn't really look like USCIS will revoke or deny I140/I485s enmasse, but you never know.
We have followed the law and were always employed with paystubs and everything and have nothing to fear.
I have formed a yahoo group for current/former VSG employees whose GC is stuck.
Group members can share experiences and exchange ideas as we go through the pain of GC Processing.
Staying as a group we can plan to hire a powerful attorney if god forbid our situation gets worse.
I have already sent group invite to some of you to join this group. If you are interested in joining, send me a private message or email me at thebestoptimizer @ gmail.com
I believe Suvendra had posted the same question in the OTHER popular immigration forum and had some replies there.
Thanks,
Optimizer
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tonyHK12
02-03 07:52 PM
Congratulations
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gc_check
06-26 03:23 PM
trying go get an answer if any one can give some insight?
Consult with you Attorney first, as this is a very rare scenario for any one to answer in the forum. Also see if you can get this addresses when you go for the actual FP, Try to carry all the documents, Passport, Driver's License, etc and the copy of the I-485/ I-765 etc where you have the correct names.
Attorney is the best source of information in this scenario. Also call USCIS and request them what needs to be done in this case. Also you can get a InfoPASS appointment and get this corrected.
Consult with you Attorney first, as this is a very rare scenario for any one to answer in the forum. Also see if you can get this addresses when you go for the actual FP, Try to carry all the documents, Passport, Driver's License, etc and the copy of the I-485/ I-765 etc where you have the correct names.
Attorney is the best source of information in this scenario. Also call USCIS and request them what needs to be done in this case. Also you can get a InfoPASS appointment and get this corrected.
masterji
05-23 08:18 PM
People do not earn Ph.D. for money. A Ph.D. gives you prestige and you literally stand tall in the crowd for the rest of your life. People call you 'Dr.', which has more value than anything. Most importantly faculties NEVER lose their jobs once they are tenured......NEVER. There is NOTHING in this universe that can fire a Professor (excepting criminal offenses, academic dishonesty etc.). They never fear that their employer will ill treat them, not pay them, yale at them etc. etc. It takes years of blood and sweat (and intelligence) to earn a Ph.D. Society treats them with reputation and not no mention they live a peaceful life (professionally) throughout their lives.
Perhaps so. Because most ones I know (faculty) are in EB1. Actually
a lot of denials can be appealed and they can get EB1. But often faculty
arent aggresive about it and are fine with EB2. Patience is a virtue all PhDs
have (live on 17K annual salary for 5 to 6 years followed by 1 year as post doc on around 30K) and you guys complain of 50K salary.
However not many Phd are awarded each year and the impact wont be much. STEM Masters/PhD along with using of unused previous quota will
make a significant impact.
However based on past experience I doubt the Hispanic caucus will
allow this to pass. H1B/EB reform is the sweetener for the amnesty bill
they want to pass. Allowing this to pass leaves the most politically toxic waste to be left behind for CIR.
However we should always try our best. Atleast they are taking of
EB reform now.
Perhaps so. Because most ones I know (faculty) are in EB1. Actually
a lot of denials can be appealed and they can get EB1. But often faculty
arent aggresive about it and are fine with EB2. Patience is a virtue all PhDs
have (live on 17K annual salary for 5 to 6 years followed by 1 year as post doc on around 30K) and you guys complain of 50K salary.
However not many Phd are awarded each year and the impact wont be much. STEM Masters/PhD along with using of unused previous quota will
make a significant impact.
However based on past experience I doubt the Hispanic caucus will
allow this to pass. H1B/EB reform is the sweetener for the amnesty bill
they want to pass. Allowing this to pass leaves the most politically toxic waste to be left behind for CIR.
However we should always try our best. Atleast they are taking of
EB reform now.
more...
dummgelauft
04-20 10:52 AM
In the absence of a date, it is 6 moths from admitted date, by default. You may confirm this by calling USCIS.
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vkrishn
10-13 10:02 PM
I went in shorts/t-shirt for my H-1 renewal in chennai this jan 08. They don't really care...
I/O asked me what do i do in my company... Gave her the response.
she said "sounds interesting and fun".. thats it... Hardly 2 mins. For most of the guys who live in the u.s and going to india for a vacation you should be if you dress decent...
Don't worry...
Just answer the question I/O ask you...
There were lots folks from Infosys, TCS with full tie and formals and sweating.
I/O asked me what do i do in my company... Gave her the response.
she said "sounds interesting and fun".. thats it... Hardly 2 mins. For most of the guys who live in the u.s and going to india for a vacation you should be if you dress decent...
Don't worry...
Just answer the question I/O ask you...
There were lots folks from Infosys, TCS with full tie and formals and sweating.
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amulchandra
01-16 08:19 PM
I have applied for an H1b transfer with out paystubs. I am eligible to work from oct 1st 2007. But in my case too I did not get any project as a consultant but got 2 fulltime direct job offers. I accepted one. I stared working for them from the day they filed my transfer with USCIS. The problem is that I did not receive any receipt notice but today when I went online and checked my old approved H1b I see a message that on JAN 16 th 2008 we approved your petition and sent you an approval notice. So can anyone tell me what is this?Should I assume that my H1b transfer got approved?
Thank you very mcuh for your inputs.
amulchandra
Thank you very mcuh for your inputs.
amulchandra
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rc10580
06-13 02:20 PM
Hi camberiu,
my PD is November 2001 and we are hoping that next bulletin will get us there. Keeping our fingers crossed. I am from Europe and my husband from Brazil (on H4 and probably the only unemployed software engineer!!!!!) We cannot wait to file and get his EAD! Good luck!
Renata
my PD is November 2001 and we are hoping that next bulletin will get us there. Keeping our fingers crossed. I am from Europe and my husband from Brazil (on H4 and probably the only unemployed software engineer!!!!!) We cannot wait to file and get his EAD! Good luck!
Renata
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kewlchap
09-09 01:17 AM
Hi greencard_fever,
How did you open a SR for your wife's case (which had an RFE)? I responded to an RFE and they say that I have to wait 60 days before opening an SR. Please let me know.
How did you open a SR for your wife's case (which had an RFE)? I responded to an RFE and they say that I have to wait 60 days before opening an SR. Please let me know.
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Scythe
11-28 03:10 PM
Oh, you :fab:
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sunny1000
06-11 02:31 PM
I am in my 8 yr. Have a H1-B approved Untill 2008 Dec
Have a EB3 Approved Labor and 140 from Company A.
Now as of today if I move to Company B ...
Question :
Can I get a 3 yr Extension based on Company A (140 Approved )
that is from june 2007 to june 2010
OR
Do I get my H1-B untill 2008 Dec ?
----
When I move to Company B is there anything that I have be aware off as
I am planning to pally Eb2 and move the PD from company A
My PD : EB3 Jun 2004
Thanks Thanks Thanks Thanks
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
Have a EB3 Approved Labor and 140 from Company A.
Now as of today if I move to Company B ...
Question :
Can I get a 3 yr Extension based on Company A (140 Approved )
that is from june 2007 to june 2010
OR
Do I get my H1-B untill 2008 Dec ?
----
When I move to Company B is there anything that I have be aware off as
I am planning to pally Eb2 and move the PD from company A
My PD : EB3 Jun 2004
Thanks Thanks Thanks Thanks
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
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GCNirvana007
04-08 04:00 PM
Trying to reach you guys for a while now.
1. How many active users are there as of today.
2. What are the media we have connection with.
Thanks.
I have asked this question for 3rd straight day and yet no answer. Is it some kinda secret deal?. Thought its a public forum.
1. How many active users are there as of today.
2. What are the media we have connection with.
Thanks.
I have asked this question for 3rd straight day and yet no answer. Is it some kinda secret deal?. Thought its a public forum.
more...
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simple1
07-26 04:24 AM
In India 3 year grad are arts, humanities, science, management and accounting.
while 4+ year degrees are for technology, engineering, agriculture, medicine.
UK (some parts of europe as well) and Australia seems to have similar system in some of its university.
even some US universities have rightly adopted the same
fsu.edu | degree in 3 (http://www.degreein3.fsu.edu/)
Degree in Three Program Description (http://www.ecu.edu/threeyeardegree/)
Panola College Degree in 3 Program (http://legacy.panola.edu/instruction/degree_3/index.html)
The point is the content is more important than the duration.
I personally think 3year UG unlikely reason for reopening I140 after GC is approved. I would be shocked if that is the case.
I am afraid this could be a paper chase. Asking more docs to creating headache for the applicant.
U.S. steps up H-1B, green card assault with paper chase (http://www.computerworld.com/s/article/9135552/U.S._steps_up_H_1B_green_card_assault_with_paper_c hase)
It is better to consult attorney to handle it properly.
In my case, it was B.Sc + M.C.A (3 + 3) years education and applied it on EB2 Category. I know of a lot of cases with M.C.A approved on EB2 category. So, I am not sure if this would be reason for it.
while 4+ year degrees are for technology, engineering, agriculture, medicine.
UK (some parts of europe as well) and Australia seems to have similar system in some of its university.
even some US universities have rightly adopted the same
fsu.edu | degree in 3 (http://www.degreein3.fsu.edu/)
Degree in Three Program Description (http://www.ecu.edu/threeyeardegree/)
Panola College Degree in 3 Program (http://legacy.panola.edu/instruction/degree_3/index.html)
The point is the content is more important than the duration.
I personally think 3year UG unlikely reason for reopening I140 after GC is approved. I would be shocked if that is the case.
I am afraid this could be a paper chase. Asking more docs to creating headache for the applicant.
U.S. steps up H-1B, green card assault with paper chase (http://www.computerworld.com/s/article/9135552/U.S._steps_up_H_1B_green_card_assault_with_paper_c hase)
It is better to consult attorney to handle it properly.
In my case, it was B.Sc + M.C.A (3 + 3) years education and applied it on EB2 Category. I know of a lot of cases with M.C.A approved on EB2 category. So, I am not sure if this would be reason for it.
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browncow
05-21 01:18 AM
H1 doesn't get invalidated on a 485 rejection, even if it was approved beyond 6 year based on the pending 485. You just may not be eligible for another extension.
well, USCIS issues EADs based on filed appeals/MTRs, so H1B is not the only solution.
well, USCIS issues EADs based on filed appeals/MTRs, so H1B is not the only solution.
more...
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texanmom
09-17 01:56 PM
spoly-
I am sorry that your calls were not returned. I am one of the state chapter leaders, and I am working remote supporting the core team.
To tell you the truth, I know it is crazy at the Situation room. Everyone is very busy trying to keep up with 134 appointments we have sceduled today and also training all the folks that are coming in for these meetings. Everything except the most important tasks are falling through the cracks since the volunteers are overloaded.
Please PM me, I am sure we could use your talent.
Best regards,
- texanmom
I am sorry that your calls were not returned. I am one of the state chapter leaders, and I am working remote supporting the core team.
To tell you the truth, I know it is crazy at the Situation room. Everyone is very busy trying to keep up with 134 appointments we have sceduled today and also training all the folks that are coming in for these meetings. Everything except the most important tasks are falling through the cracks since the volunteers are overloaded.
Please PM me, I am sure we could use your talent.
Best regards,
- texanmom
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bigboy007
12-10 01:59 PM
In any fashion of THese threads everyones comment :
"which should match/similar to your GC labor"
WHich is a very generalized statement.
I am in this boat : Please advice me on the options:
1. Pd 2004 : GCLABOR 1.5 yrs exp : Its a pretty generic Labor which says "evaluating requests , planning , designing etc" with title of Programmer analyst.
2. I have my 140 approved , 485 pending will complete 180 day mark by dec 29. Now i am NOT on EAD neither want to be.
3. I have new opportunity where company is offering me a good pay range + they are ok with filing H1b . But job role is different like " Software Architect".
Now i am caught up in saying how i am using "AC21" when i transfer H1b what happens to my AOS? what should i do to keep it alive ? what are my options ?
Kindly help i am lost. Current GC labor etc is all for future employment how am i leveraging these two. Please help .... please help.
"which should match/similar to your GC labor"
WHich is a very generalized statement.
I am in this boat : Please advice me on the options:
1. Pd 2004 : GCLABOR 1.5 yrs exp : Its a pretty generic Labor which says "evaluating requests , planning , designing etc" with title of Programmer analyst.
2. I have my 140 approved , 485 pending will complete 180 day mark by dec 29. Now i am NOT on EAD neither want to be.
3. I have new opportunity where company is offering me a good pay range + they are ok with filing H1b . But job role is different like " Software Architect".
Now i am caught up in saying how i am using "AC21" when i transfer H1b what happens to my AOS? what should i do to keep it alive ? what are my options ?
Kindly help i am lost. Current GC labor etc is all for future employment how am i leveraging these two. Please help .... please help.
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saileshdude
06-25 11:00 AM
You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.
Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.
Please elaborate if you can on this.
Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.
Please elaborate if you can on this.
dazed378
03-29 09:51 PM
snathan and number30, thanks a lot for your valuable input :).
vicks_don
12-14 12:38 PM
You can stay here as your H1 is pending but you should not work. Then you are still Legal. This happened to many students in 04' when H1 ran out unexpectedly quick. As long as you do not work and H1 is pending i think you are legal. That is what finalized in 04'. Correct me if I am wrong.
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