dilbert_cal
07-11 11:46 AM
Hey, with ALL EB numbers gone till October, what else USCIS employees are suppose to do? Poop, Pee and approve I-140! This way, make this freaking GC line even longer.... my 2 cents....
I believe USCIS has more work than just EB - they do have have FB cases too and certainly the backlog in FB is still many times longer than EB.
Not that I am saying we are better off or worse off - just wanted to point out that USCIS employees do have something to work on regardless of EB numbers available or not. Also EAD and AP processing goes on regardless of whether EB numbers are there or not.
Please do not assume that no work is being done and belittle the jobs of those who work at USCIS.
I believe USCIS has more work than just EB - they do have have FB cases too and certainly the backlog in FB is still many times longer than EB.
Not that I am saying we are better off or worse off - just wanted to point out that USCIS employees do have something to work on regardless of EB numbers available or not. Also EAD and AP processing goes on regardless of whether EB numbers are there or not.
Please do not assume that no work is being done and belittle the jobs of those who work at USCIS.
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eb3_nepa
01-14 03:07 PM
Only H1 reform is likely by feb 15th.
Ok so any news on that front as to when the H1B increase bill will be introduced? Is that bill still on target?
Ok so any news on that front as to when the H1B increase bill will be introduced? Is that bill still on target?
gc_on_demand
03-31 01:20 PM
For once, I like what Grassley is doing.
All antis says something good about one program and bad for rest.. they want to kill all program one by one. Today in hearing anti's tone was to reduce total immigration.
this is only way they can reduce is making one group happy while bashing at another, but you never know when is your turn.
I should say if they are really worried about L1 and its fraud why not to scrap L1 and grant GC for all l1holders. why don't they say like that ?
All antis says something good about one program and bad for rest.. they want to kill all program one by one. Today in hearing anti's tone was to reduce total immigration.
this is only way they can reduce is making one group happy while bashing at another, but you never know when is your turn.
I should say if they are really worried about L1 and its fraud why not to scrap L1 and grant GC for all l1holders. why don't they say like that ?
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bigboy007
10-11 05:01 PM
Thanks for replying... Appreciate it ....
I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.
As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
180 days is from when 485 filed as per yates memo... Check with attorney and you should be fine I dont want to draw conclusions here though. You may need to switch to AC21 aka use the EAD.. again I am not the lawyer here just coughing up what i know. H1B may be renewed if you have any of 6 years left. Why does he need to start entire GC process for just renewing H1B i dont understand.
I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.
As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
180 days is from when 485 filed as per yates memo... Check with attorney and you should be fine I dont want to draw conclusions here though. You may need to switch to AC21 aka use the EAD.. again I am not the lawyer here just coughing up what i know. H1B may be renewed if you have any of 6 years left. Why does he need to start entire GC process for just renewing H1B i dont understand.
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mckottayam
05-02 06:07 PM
We came back yesterday May 1st, my wife's stamp is only until May 31st and mine until Aug 30th but we had the extended approval notices. Both H1s. We both got stamped until the end of the extension date on the I 797. I don't think you'll have any problem.
sobers
05-26 08:40 AM
QGA & IV: thank you from the bottom of my heart! you guys rock. There ought to be some fairness in the process of immigration reform...one that does not penalize legal immigrants...you guys have shown that it can be done.
more...
H1InTrouble
09-21 02:30 PM
Hi,
Thank u all for your advices and information. I would like to add a few things which I think were not clear from my initial post.
My H1 was denied because there were false information in the petition which USCIS did not buy. My current employer is a direct vendor for my client and has a purchase order in my name and he does this all the time. I am looking for a new employer not because I want to but because I have to as my current employer is not able to provide me with any job/project. Do you all think that even in this situation, he can enforce the non-compete on me. My employer is NJ based where non-competes are enforced.
Thank u all for your advices and information. I would like to add a few things which I think were not clear from my initial post.
My H1 was denied because there were false information in the petition which USCIS did not buy. My current employer is a direct vendor for my client and has a purchase order in my name and he does this all the time. I am looking for a new employer not because I want to but because I have to as my current employer is not able to provide me with any job/project. Do you all think that even in this situation, he can enforce the non-compete on me. My employer is NJ based where non-competes are enforced.
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hebron
08-10 09:55 AM
I am an EB3 applicant with PD of Sep 2004. I have an EAD but I haven't used it yet. I am still on H1-B.
I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.
I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:
1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.
2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.
In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .
Any suggestions/ advice appreciated.
I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.
I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:
1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.
2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.
In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .
Any suggestions/ advice appreciated.
more...
LayoffBlog
01-27 01:32 PM
Caterpillar, seeing sales for its bulldozers and other heavy equipment sinking in a worldwide economic mire, said Monday that its business was �whipsawed� during the fourth quarter and that it would eliminate 20,000 jobs in the face of a �very tough� 2009.Caterpillar announced the staff reductions as part of its fourth quarter earnings report, released [...]http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1235&subd=layoffblog&ref=&feed=1
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More... (http://layoffblog.com/2009/01/26/caterpillar-to-lay-off-20000/)
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manishcp
10-03 11:26 AM
To: All
I have same thing "UNKNOWN"
What are the steps are you guys taking to resolve this problem?
I have same thing "UNKNOWN"
What are the steps are you guys taking to resolve this problem?
more...
raysaikat
05-25 03:43 PM
Apply for AP - 350 bucks. If you application is valid - you will get it.
Do this before trying to figure out using more money if your application is active. That may result in raising alarms and ultimately may be bad for your application. No one can penalize you for applying for EAD AP.
Once your husband is back here ask him to reapply for EAD and you send in your application too. If that comes you are all set no need to refile H1B but keep it just in case because of your special case.
All the best!
This is not a good advice. Whether or not the GC application is active (not abandoned) depends on the action taken by the primary applicant. USCIS may have the file as active, and may approve EAD --- that does not mean that the legally the application is not abandoned. If and when USCIS starts working on the application and issues RFE, etc., to clarify status of the applicant at various times, they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.
The right thing for the OP to do is to consult an immigration attorney who will be able to determine whether the application may have been abandoned or not.
Do this before trying to figure out using more money if your application is active. That may result in raising alarms and ultimately may be bad for your application. No one can penalize you for applying for EAD AP.
Once your husband is back here ask him to reapply for EAD and you send in your application too. If that comes you are all set no need to refile H1B but keep it just in case because of your special case.
All the best!
This is not a good advice. Whether or not the GC application is active (not abandoned) depends on the action taken by the primary applicant. USCIS may have the file as active, and may approve EAD --- that does not mean that the legally the application is not abandoned. If and when USCIS starts working on the application and issues RFE, etc., to clarify status of the applicant at various times, they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.
The right thing for the OP to do is to consult an immigration attorney who will be able to determine whether the application may have been abandoned or not.
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mattresscoil
12-09 07:58 AM
Hi,
I filed my I-140 and 485 concurrently using substitue labor by June'07. Still my I-140 is pending. Recently again I filed my Labor with the same company(No change in the compary ). it got approved last week. I am going to apply for new I-140. Can I port the previous PD?
Thanks
VK
Venkatanathen:
Your previous I140 needs to be approved. If it is pending, I dont think you can port a priority date from it. Again please have this answer qualified by an attorney.
I filed my I-140 and 485 concurrently using substitue labor by June'07. Still my I-140 is pending. Recently again I filed my Labor with the same company(No change in the compary ). it got approved last week. I am going to apply for new I-140. Can I port the previous PD?
Thanks
VK
Venkatanathen:
Your previous I140 needs to be approved. If it is pending, I dont think you can port a priority date from it. Again please have this answer qualified by an attorney.
more...
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rajenk
10-11 01:11 PM
Consult with your current company immigration attorney and find out why your current job will not qualify for EB2.
Just in case start your EB3 GC and port your PD to this new GC I-140. That will help you with the H1B renewal for 3 years. You have got 14 more months. you should be able to get I-140 filed by then, do a premium for I-140 to get it approved by the time you renew your H1B.
Renewing your H1B based on the revoked I-140 would be risky.
Just in case start your EB3 GC and port your PD to this new GC I-140. That will help you with the H1B renewal for 3 years. You have got 14 more months. you should be able to get I-140 filed by then, do a premium for I-140 to get it approved by the time you renew your H1B.
Renewing your H1B based on the revoked I-140 would be risky.
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diptam
06-10 10:23 PM
The worst hit 140's are EB3 (and that too mostly in NSC and some in TSC). Not a single NSC EB3-140 is coming at < 400 days.
EB2 is coming still okay and EB1/EB2-NIW are pretty quick. So i dont see a good quantity of benefit by allowing Premium Processing only on a thin section of applications ?? It make a difference of few days, not even months.
Where they need to re-instate Premium 140 to give actual relief - they wont do anything.
And not all EB applicants have labor. EB1 and EB2-NIW have no labor. Such applicants would benefit greatly from this rule since USCIS is taking a ridiculous amount of time to adjudicate I-140's.
EB2 is coming still okay and EB1/EB2-NIW are pretty quick. So i dont see a good quantity of benefit by allowing Premium Processing only on a thin section of applications ?? It make a difference of few days, not even months.
Where they need to re-instate Premium 140 to give actual relief - they wont do anything.
And not all EB applicants have labor. EB1 and EB2-NIW have no labor. Such applicants would benefit greatly from this rule since USCIS is taking a ridiculous amount of time to adjudicate I-140's.
more...
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backtoschool
01-08 04:36 PM
[QUOTE=mharik]Hi ,
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????
ANYONE????
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????
ANYONE????
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saibaba
12-04 12:01 PM
One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I�m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I�m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
more...
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sathishav
03-07 09:51 AM
Once you I140 is approved, you lock the PD. Only time you lose it is, if USCIS cancels it for fraud.
Else, layoff or revocation does not matter. You just have to start another new PERM again.
Else, layoff or revocation does not matter. You just have to start another new PERM again.
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Nov2004
08-24 06:18 PM
can you please let us know some details. I am in the same situation.
Nov2004, EB3, I140 approved and I485 applied.
1. what happens to the present ead, after filing the new I140.
2.After I140 do we have to apply for new I485?
It took almost 3 months to get the approval. Key points:
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.
Hope it helps....Good luck
Nov2004, EB3, I140 approved and I485 applied.
1. what happens to the present ead, after filing the new I140.
2.After I140 do we have to apply for new I485?
It took almost 3 months to get the approval. Key points:
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.
Hope it helps....Good luck
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Macaca
12-07 09:50 AM
Chang from Cap Exempt to Cap Number H1B requires that you file the change when the visa is available during the FY which in H1B case is April 1st. The years spent on Cap Exempt status like not for profits is counted towards the 6 Yr limit.
I transferred H1B from a teaching job (cap exempt) to a consulting company. As far as I remember, the H1B quota for companies was over at that time. I did not hear any complaints. Maybe my lawyer took care of it.
You should check to make sure.
I transferred H1B from a teaching job (cap exempt) to a consulting company. As far as I remember, the H1B quota for companies was over at that time. I did not hear any complaints. Maybe my lawyer took care of it.
You should check to make sure.
njboy
05-08 10:33 AM
Pa** may be denigratory in England, but to me, its like saying "desi". Is "desi" denigratory too? I was just guiding our friend to forums that might be able to help him better. Im sorry if any offence was taken.
Kind regards
Kind regards
yabadaba
05-24 02:18 PM
Thank you for your comment and the information. Wayne Greene, city editor
>>> <XXXXXX@hotmail.com> 05/23/06 8:32 PM >>>
Name: Y abadaba
Email: XXXXXXXXX
Phone:
City: Atlanta
State: GA
Headline: Still waiting for green card
Publish Date: 5/23/2006
Intended for Publication: No
Comments:
Sir,
This article hits the nail right on the head. However there is one footnote that
needs to be added.
Assuming Salil Pradhan is in the EB-2 Category (Alien with Exceptional Ability
or Advanced degree), if he was born in Mexico he could apply for his I-485, also called adjustment of status, right away.
Just because he was born in India he is being subjected to this backlog
>>> <XXXXXX@hotmail.com> 05/23/06 8:32 PM >>>
Name: Y abadaba
Email: XXXXXXXXX
Phone:
City: Atlanta
State: GA
Headline: Still waiting for green card
Publish Date: 5/23/2006
Intended for Publication: No
Comments:
Sir,
This article hits the nail right on the head. However there is one footnote that
needs to be added.
Assuming Salil Pradhan is in the EB-2 Category (Alien with Exceptional Ability
or Advanced degree), if he was born in Mexico he could apply for his I-485, also called adjustment of status, right away.
Just because he was born in India he is being subjected to this backlog
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