chanduv23
11-20 10:22 PM
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
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ItIsNotFunny
10-20 12:55 PM
Folks - there is going to be some changes in the strategy here. I have discussed this issue with IV core and we will update the new strategy soon, until then you may continue to send the letters.
Folks who are running the campaign - please keep this thread alive.
nk2006, pdrecap and others who are active please make sure your profiles are upto date on IV and please join your state chapters.
nk2006, pdrecap I will discuss with you offline on the next steps. I will send you a PM.
Can we make this thread like a sticky on home page?
Folks who are running the campaign - please keep this thread alive.
nk2006, pdrecap and others who are active please make sure your profiles are upto date on IV and please join your state chapters.
nk2006, pdrecap I will discuss with you offline on the next steps. I will send you a PM.
Can we make this thread like a sticky on home page?
samrat_bhargava_vihari
04-27 02:47 PM
I have my sister in law from India on H4. She got married after her husband got his 797B approved and so she does not have her own 797C. The DMV wants her own 797C approval notice to give her a temporary drivers license. How does she get that? Can she file some petition with USCIS to get it?
Normally they need 2 kind of identification cards to make sure you are the right person. For H1 people it would be their passport/Visa/I-797/SSN etc.
For H4 it would be his/her passport and visa makes two identifications, but some people consider it as just one identification so try with marriage certificate or Indian driving license. Some people will have different last name in marriage certificate and passport who need to provide some additional documents which are in DMV list. They accept documents only which are in their list.
Normally they need 2 kind of identification cards to make sure you are the right person. For H1 people it would be their passport/Visa/I-797/SSN etc.
For H4 it would be his/her passport and visa makes two identifications, but some people consider it as just one identification so try with marriage certificate or Indian driving license. Some people will have different last name in marriage certificate and passport who need to provide some additional documents which are in DMV list. They accept documents only which are in their list.
2011 Lord Ganesh
priti8888
06-26 01:51 PM
What is america losing?
Lets take a typical example:
My friend and his wife both have jobs here. They pay around $50K-60 income tax (approx) as a couple.
They have 10 yrs of exp. (approx) or have masters degree. They have a decent bit of 401K. And about 30 years of career left. They also have capital investment in India which is growing at a good pace.
Now if even one is forced to go back I am sure both of them will go back to India or wherever they are from. Makes sense?
So what are they losing by going back to India? Some $$$$. Thats all? No debt. no hassle, just semi retirement early enough.
Now think about 100 couples like this?
Now think about 1000 couples like this?
1000* 60 K = $60 million of taxes and social security lost. Who is going to pay the troops in Iraq? Or the USCIS dumbo? Will he have a job to do if we leave?
And if we leave who is going to pay the medical bills of the baby boomer who needs medicare soon?
Lets say, they replace us with younger workers. what will be their salary? 50K or 75K. lets say 80 K. Chances are they are single. If they are married. Will their wife work immediately. If no, they are collecting taxes from him at a married rate while his spouse has no income. If his wife is educated, how long will she want to live on H4? If she doesnt get H1 will they both go back or stay here endlessly? Chickens (americans).
How much tax will they will pay? If they are on F1 EAD, even better, they dont even pay social security.
Of course we lost $$$$ income, but we are not in so much deep shit as US would be if they lose 1000 couples, just 2000 people.
Now lets say we go to India and undergo semi retirement. Fine, US companies maintain competitive advantage and they gain most. But if we decide to continue to excel, can not such 2000 start a formidably competitive business? Who wins? India or USA? Or will they start multiple businesses?
Its about the numbers. If 1 or 2 dont get GC , it doesnt matter. But if thousands are impacted, most of them smart people, it will hurt someone here or many ones.
What have we really asked for in return? Just a piece of plastic that will let us live and contribute like everyone else here.
They have a problem with that too. Bloody morons.
For how many years this game of making people fools will continue? Message spreads fast. I am already telling my junior relative what to expect in America.
I totally agree with you, but think about this.
For every couple who plan to leave, there are 5 couples anxious to replace them. Do you know the % of visas approved vs visa applicants?.The 5 couples could be from anywhere, not just from india where the economy is in good shape.
My point is that America does lose when someone goes back.But the loss is on a very very micro level----and replacement is not that difficult.
Lets take a typical example:
My friend and his wife both have jobs here. They pay around $50K-60 income tax (approx) as a couple.
They have 10 yrs of exp. (approx) or have masters degree. They have a decent bit of 401K. And about 30 years of career left. They also have capital investment in India which is growing at a good pace.
Now if even one is forced to go back I am sure both of them will go back to India or wherever they are from. Makes sense?
So what are they losing by going back to India? Some $$$$. Thats all? No debt. no hassle, just semi retirement early enough.
Now think about 100 couples like this?
Now think about 1000 couples like this?
1000* 60 K = $60 million of taxes and social security lost. Who is going to pay the troops in Iraq? Or the USCIS dumbo? Will he have a job to do if we leave?
And if we leave who is going to pay the medical bills of the baby boomer who needs medicare soon?
Lets say, they replace us with younger workers. what will be their salary? 50K or 75K. lets say 80 K. Chances are they are single. If they are married. Will their wife work immediately. If no, they are collecting taxes from him at a married rate while his spouse has no income. If his wife is educated, how long will she want to live on H4? If she doesnt get H1 will they both go back or stay here endlessly? Chickens (americans).
How much tax will they will pay? If they are on F1 EAD, even better, they dont even pay social security.
Of course we lost $$$$ income, but we are not in so much deep shit as US would be if they lose 1000 couples, just 2000 people.
Now lets say we go to India and undergo semi retirement. Fine, US companies maintain competitive advantage and they gain most. But if we decide to continue to excel, can not such 2000 start a formidably competitive business? Who wins? India or USA? Or will they start multiple businesses?
Its about the numbers. If 1 or 2 dont get GC , it doesnt matter. But if thousands are impacted, most of them smart people, it will hurt someone here or many ones.
What have we really asked for in return? Just a piece of plastic that will let us live and contribute like everyone else here.
They have a problem with that too. Bloody morons.
For how many years this game of making people fools will continue? Message spreads fast. I am already telling my junior relative what to expect in America.
I totally agree with you, but think about this.
For every couple who plan to leave, there are 5 couples anxious to replace them. Do you know the % of visas approved vs visa applicants?.The 5 couples could be from anywhere, not just from india where the economy is in good shape.
My point is that America does lose when someone goes back.But the loss is on a very very micro level----and replacement is not that difficult.
more...
nixstor
03-13 11:59 AM
How long does it take to receive the cert in mail?
lazycis
11-24 04:48 PM
it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
If extension has already been granted, it remains valid until it's expired, revoked by USCIS, revoked by employer or employer goes out of business. However, H1B status is technically lost (similary to the situation when h1b holder leaves the petitioner but petitioner never revokes h1). Even if USCIS does not revoke the extension, it will be investigated during new I-485 processing/H1 transfer or extension.
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
If extension has already been granted, it remains valid until it's expired, revoked by USCIS, revoked by employer or employer goes out of business. However, H1B status is technically lost (similary to the situation when h1b holder leaves the petitioner but petitioner never revokes h1). Even if USCIS does not revoke the extension, it will be investigated during new I-485 processing/H1 transfer or extension.
more...
ssa
08-15 12:16 PM
I think we will see a renewed activity on IV forums in 2009. I still believe visa recapture bill like HR5882 has a good chance of getting passed. It may not get passed in this congress considering how few working days are left and presidential elections in November. But in 2009 the bill should gain new momentum with new congress and new president in office.
Also, by that time EB2 dates will be again retrogressed and those impatiently waiting for their approvals today will be back to support new action items. Please don't take this as spiteful wish against EB2, I'm EB2 myself! Just that I don't think everyone who is current now will get their GC before October 2008. For once I would be overjoyed if I'm wrong on this one :)
True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.
We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.
What are your thoughts?
Also, by that time EB2 dates will be again retrogressed and those impatiently waiting for their approvals today will be back to support new action items. Please don't take this as spiteful wish against EB2, I'm EB2 myself! Just that I don't think everyone who is current now will get their GC before October 2008. For once I would be overjoyed if I'm wrong on this one :)
True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.
We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.
What are your thoughts?
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absaarkhan
04-30 02:45 PM
It is blocked from my Company too.
Please post the updates.
Please post the updates.
more...
shreekhand
07-18 12:14 AM
Guys...all applications are pre-adjudicated irrespective of whether a PD is current according to the receipt date.
Once receipted they go on the shelf and are given for adjudication to an adjudicator as in a fairly FIFO manner.
Let's not confuse this with those who were pre-adjudicated and then placed on the shelf for lack of visa number availability. Most of the petitions approved in June were from this shelf.
As a rule they don't jump and take the "PD current" ones even if they are submitted late.
Again I also read this from a question posed to the "I-485 Production Line Supervisor" in an open house document posted by an organization.
Once receipted they go on the shelf and are given for adjudication to an adjudicator as in a fairly FIFO manner.
Let's not confuse this with those who were pre-adjudicated and then placed on the shelf for lack of visa number availability. Most of the petitions approved in June were from this shelf.
As a rule they don't jump and take the "PD current" ones even if they are submitted late.
Again I also read this from a question posed to the "I-485 Production Line Supervisor" in an open house document posted by an organization.
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nursekm
10-03 11:03 PM
Thanks ! But it still unsure how long it will take ....
Concurrent filing can be done by anyone with approved Labor Certification. Schedule A applicants already have pre-approved LC.
This means, that not only Schedule A can file concurrently but also others as well.
Concurrent filing can be done by anyone with approved Labor Certification. Schedule A applicants already have pre-approved LC.
This means, that not only Schedule A can file concurrently but also others as well.
more...
indio0617
03-09 10:09 AM
both amendments J-1 and removal cap for Nurses (India) will pass
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Libra
09-29 10:00 AM
Dear Gonzalez,
Distributing receipts are less priority compare to using visa numbers before end of fiscal year. You can always distribute receipts even after a month but can't use visa numbers once wasted. such a simple thing, why don't you understand.
OMG did i said that? :eek: yabadaba, glus, needGCcool, greatzolin and party will kill me. no, they wont they already got their receipts:D :D
just kidding, take it easy.
Distributing receipts are less priority compare to using visa numbers before end of fiscal year. You can always distribute receipts even after a month but can't use visa numbers once wasted. such a simple thing, why don't you understand.
OMG did i said that? :eek: yabadaba, glus, needGCcool, greatzolin and party will kill me. no, they wont they already got their receipts:D :D
just kidding, take it easy.
more...
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learning01
04-25 05:18 PM
Tell me, in any of the bills that came in 2005, PACE, CIR. Dream Act etc., or later, IS there even one mention or a discussion of changing the PD? Let's discuss more on how to bring out more into the open, the issues the H1 visa holders are facing from their small time employers in applying for permanent residence, backlog issues and how redtape is destroying these young men's goals, about lack of visa numbers.
Why there is even a provision in the last Senate bill, for illegals to SELF petition for GC, if employer doen't apply in 2 years. Let's discuss about a similar provision for H1 visa holders who are legally working here, paying taxes. Let's discuss even more important issue.
Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
This last point will resonate well with all It will be picked up easily; you will see the panic flying in the press, TVs, Senate and what not, when a simple mention of it is made.
These are the practical things we need to discuss. Not a theoritical PD definition, on which we have no locus standi.
I agree with this little bit but to implement will be tough. There are people coming into US on h1 and leaving every year from big indian consulting companies. It should be like below.
1. Priority date should be date when the person enters the country.
2. The person should have paid taxes consecutively for n years(n=3.4.5...)
3. This should be applicable only for H1 and not for any other visa categories.
If the above is not possible, then
1. Labor substiution should be allowed only for the person who is in US continiously for n years(n=3.4.5...) and paid taxes. With this approach, a new comer cannot get the exisitng labor. Win Win to all.
Why there is even a provision in the last Senate bill, for illegals to SELF petition for GC, if employer doen't apply in 2 years. Let's discuss about a similar provision for H1 visa holders who are legally working here, paying taxes. Let's discuss even more important issue.
Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
This last point will resonate well with all It will be picked up easily; you will see the panic flying in the press, TVs, Senate and what not, when a simple mention of it is made.
These are the practical things we need to discuss. Not a theoritical PD definition, on which we have no locus standi.
I agree with this little bit but to implement will be tough. There are people coming into US on h1 and leaving every year from big indian consulting companies. It should be like below.
1. Priority date should be date when the person enters the country.
2. The person should have paid taxes consecutively for n years(n=3.4.5...)
3. This should be applicable only for H1 and not for any other visa categories.
If the above is not possible, then
1. Labor substiution should be allowed only for the person who is in US continiously for n years(n=3.4.5...) and paid taxes. With this approach, a new comer cannot get the exisitng labor. Win Win to all.
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mrdelhiite
07-20 10:07 AM
bump^^^^^^^^^^^^^
more...
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s_r_e_e
08-10 12:32 PM
I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
If you are around houston, it would be better to go in person. I think they accept the applications only until noon. They would tell u a Pickup date or u have an option to get it mailed. The passport is ready for pickup in 10 working days or so.
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
If you are around houston, it would be better to go in person. I think they accept the applications only until noon. They would tell u a Pickup date or u have an option to get it mailed. The passport is ready for pickup in 10 working days or so.
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GCInThisLife
07-18 03:38 PM
What does it say on your I485 receipt notice?
For example.. my app was mailed on 5/31 and RD on receipt notice is 6/4 and Notice date is 6/6 and Online case status says received on 6/5. I assume 6/5 is when USCIS created an entry for my case and 6/6 (my checks were also cashed on 6/6) is when receipt notice is actually generated. Some one correct me if I am wrong.
My application was sent on June, 14th and delivered on June 15th (I have the FedEx tracking info and signature page confirming 6/15).
The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
"On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."
Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!
.
For example.. my app was mailed on 5/31 and RD on receipt notice is 6/4 and Notice date is 6/6 and Online case status says received on 6/5. I assume 6/5 is when USCIS created an entry for my case and 6/6 (my checks were also cashed on 6/6) is when receipt notice is actually generated. Some one correct me if I am wrong.
My application was sent on June, 14th and delivered on June 15th (I have the FedEx tracking info and signature page confirming 6/15).
The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
"On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."
Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!
.
more...
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GCwaitforever
12-26 03:00 PM
Bad news unless they allow mass conversion of TR applications into non-RIR. Imagine they took two years to get rid of 220,000 easier applications (2005 and 2006). Now they are left with some of the old TR applications and they must be thinking of how to meet the September deadline. I would not be surprised if they ask for an extension, citing processing difficulties.
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pappu
09-30 06:17 PM
Don't expect anything from Nebraska Service Center today. Somebody from site who live few minutes away from NSC said that the parking lot at NSC is empty today. Yesterday, she saw that it was full from 7 to 12 nn but was empty in the afternoon.
What we can expect is only automatic LUDs. No overtime work for NSC. Have they used up all the FY2007 visas? They must have....if not, this fact can be used against them when we file a complain.
Its interesting to find someone 'tracking' the NSC parking lot this weekend!!:D
I have found some interesting posts by people. See below:
1. I check on this site every hour or everytime whenever i can
2. I check if i have LUD first thing in the morning and in the evening
3. I check my bank account and wish checks for EAD and AP are encashed
4. I keep on logging on online forums(murthy.com, immigrationvoice, immigration portal..etc)
5. I keep calling USCIS hotline for some questions
6. I cant wait for my FP notice
7. I always go to snail mailbox and hope i got something immigration related
8. I call my friends and guess what we end up talking about? immigration matters
9. I'm jealous of people who have gotten their greencards
10. I cant get this Greencard off my mind!!!!
Have i gone greencard crazy? :)
LIFE?
L- LUD
I- Immigration Notices/RFEs/IO
F- Forums
E- e-mail from CRIS
What we can expect is only automatic LUDs. No overtime work for NSC. Have they used up all the FY2007 visas? They must have....if not, this fact can be used against them when we file a complain.
Its interesting to find someone 'tracking' the NSC parking lot this weekend!!:D
I have found some interesting posts by people. See below:
1. I check on this site every hour or everytime whenever i can
2. I check if i have LUD first thing in the morning and in the evening
3. I check my bank account and wish checks for EAD and AP are encashed
4. I keep on logging on online forums(murthy.com, immigrationvoice, immigration portal..etc)
5. I keep calling USCIS hotline for some questions
6. I cant wait for my FP notice
7. I always go to snail mailbox and hope i got something immigration related
8. I call my friends and guess what we end up talking about? immigration matters
9. I'm jealous of people who have gotten their greencards
10. I cant get this Greencard off my mind!!!!
Have i gone greencard crazy? :)
LIFE?
L- LUD
I- Immigration Notices/RFEs/IO
F- Forums
E- e-mail from CRIS
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baburob2
03-09 10:03 AM
i believe the way it is going to proceed is if they don't have time to discuss everything they will discuss the rest in the senate floor. however if the conflicting ones like illegal aliens one, enforcement ones are resolved then this bill might go to the floor and the remaining ones would be discussed. hence if till tile 3 is over then this bill might be considered for vote on teh senate floor. this is my understnading based on what i heard.
needhelp!
03-12 03:37 PM
No. Core member details are on IV About Us.
Agenda of lobbying remains same. It doesn't change weeky/monthly or even annually. Country quotas, increase in EB gc numbers, portability issues. It is also on IV website. Please look. No more details other than that will be made available, unless a bill is on the floor, thats when you see the results. Results are hard to come by. Core cannot reveal roadblocks or mini successes as these are all detrimental to the effort.
Are you part of core?
Can i take that core will not even give out information on what efforts it is lobbying currently?
I wonder how i will convince some of my friends to contribute to an effort which is not shared?:confused:
Agenda of lobbying remains same. It doesn't change weeky/monthly or even annually. Country quotas, increase in EB gc numbers, portability issues. It is also on IV website. Please look. No more details other than that will be made available, unless a bill is on the floor, thats when you see the results. Results are hard to come by. Core cannot reveal roadblocks or mini successes as these are all detrimental to the effort.
Are you part of core?
Can i take that core will not even give out information on what efforts it is lobbying currently?
I wonder how i will convince some of my friends to contribute to an effort which is not shared?:confused:
McLuvin
10-22 09:47 AM
What is the average time frame for this whole process??
Lets say once the company approves for the porting process....
What is the average time involved for processing, PWD, adv., then perm filing/approval...
Anyone who had gone through and had experience.. pls share...
BR,
McLuvin
Lets say once the company approves for the porting process....
What is the average time involved for processing, PWD, adv., then perm filing/approval...
Anyone who had gone through and had experience.. pls share...
BR,
McLuvin
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