komaragiri
08-10 12:05 PM
Called the NSC on wed and today....and was told that I need to wait 90 days from the date of submitting the 485 to receive a receipt number. Expecting something similar in todays update.....thats a pretty long wait.
90 Days for receipts
200 days for AP notice
365 days for EAD
2920 days for GC?
This is not acceptable.
Let's support IV initiatives and get our applications moving faster.
90 Days for receipts
200 days for AP notice
365 days for EAD
2920 days for GC?
This is not acceptable.
Let's support IV initiatives and get our applications moving faster.
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mikemeyers
11-07 04:00 PM
Can anyone else have opinion on this?
arnet
11-16 12:20 AM
Consult immigration attroney at AOS time. F1 visa holder is not eligible to be included as dependents in AOS (I-485). Since now retrogression problem is there and currently you are planning to file I-140, you will be ok for next few yrs but when you file AOS (I-485) change her back to dependent visa inorder to include her in I-485. even in dependent visa she can study but cant get any scholarship and also she cant work.
Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
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cal97
12-06 03:27 PM
July 2nd filer. NSC->CSC->NSC. Was told by an IO at NSC that my FP's have been scheduled on 10/26. Well, I have not received it as yet.
more...
Lasantha
02-18 12:07 PM
I don't think you are missing anything. I don't think the congress will pass a bill to recapture EB visas out of the blue like that. It will take lots of effort from the pro-immigrant community and will face a great deal of opposition like it did in the past from the anti lobby. It won't be handed to us in a plate just like that.
Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..
Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..
optimystic
09-10 04:43 PM
Glad you liked my thoughts. Just felt this might be a novel and practical campaign rather than doing flowers again or something else.
I think IV can even have such cubes available as IV merchandice and people can donate via a 'Send a F cube to USCIS' button probably !
<< BEGIN: Shameless request :
If you liked my ideas please give me some green dots so I could become eligible for IV chat. :)
END : Shameless request >>
I think IV can even have such cubes available as IV merchandice and people can donate via a 'Send a F cube to USCIS' button probably !
<< BEGIN: Shameless request :
If you liked my ideas please give me some green dots so I could become eligible for IV chat. :)
END : Shameless request >>
more...
Lasantha
09-20 09:27 AM
This is BBC. They even have a link to IV.
http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
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gcforever
02-20 05:17 PM
Hello Friends,
My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.
Thank you,
------------------------
P.S : Yes, I have contributed to IV :)
You should use Tatkal scheme. I paid extra 90$ and got the passport within 2 days. Its worth.
Thanks.
My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.
Thank you,
------------------------
P.S : Yes, I have contributed to IV :)
You should use Tatkal scheme. I paid extra 90$ and got the passport within 2 days. Its worth.
Thanks.
more...
desi485
11-02 03:45 PM
You are very welcome...
Consular processing is way faster is what I was told.
I heard one case in my company (person worked for my employer prior to I joined) who successfully did consular processing. He got his GC almost 2 to 3 years ahead of his co-worker who both filed labor at the same time. The only difference is: one person chose to do consular processing and other one (who was delayed by 2 - 3 years) opted for adjustment of status.
I was told this by my other co-workers after I joined this company however I too never thought of consular processing as it is something not familer to me. I do not know much details how this whole process works. If anyone knows, please share with rest of us.:confused:
Consular processing is way faster is what I was told.
I heard one case in my company (person worked for my employer prior to I joined) who successfully did consular processing. He got his GC almost 2 to 3 years ahead of his co-worker who both filed labor at the same time. The only difference is: one person chose to do consular processing and other one (who was delayed by 2 - 3 years) opted for adjustment of status.
I was told this by my other co-workers after I joined this company however I too never thought of consular processing as it is something not familer to me. I do not know much details how this whole process works. If anyone knows, please share with rest of us.:confused:
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franklin
07-14 09:58 AM
Surprised to see Korea in the top three...wonder what kind of employment professionals are coming from Korea.
What's that supposed to mean? Probably exactly the same kind of employment professionals that come from other countries! It's only the 12th largest economy in the world
What's that supposed to mean? Probably exactly the same kind of employment professionals that come from other countries! It's only the 12th largest economy in the world
more...
veni001
01-17 05:14 PM
hey
i wanted to know what are the chances of a persons i40 to be denied if another with the same profile in the same team and same application is recently denied
for your information both are masters candidates and are eb2 filed
but his was file months before mine and he got audited
mine is in the process of being filed
not sure of whether this even matters and cases are indepedent
but just wanted to know ahead of time if it calls for a sure denial
thanks
chehuan
Chances for an audit are 95%:(
i wanted to know what are the chances of a persons i40 to be denied if another with the same profile in the same team and same application is recently denied
for your information both are masters candidates and are eb2 filed
but his was file months before mine and he got audited
mine is in the process of being filed
not sure of whether this even matters and cases are indepedent
but just wanted to know ahead of time if it calls for a sure denial
thanks
chehuan
Chances for an audit are 95%:(
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map_boiler
07-18 09:26 AM
I don't understand why you don't want to depend on I-485 as the only source? If it is a straight forward case, there should be no issues. Your husband can be on EAD and there is no need for him to be on a "365 day exile", as you put it. Unless of course, you're worried that the labor sub I-140 could be denied?
I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.
I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.
I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?
I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.
I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.
I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?
more...
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pani_6
08-23 10:42 AM
When is the Senate meeting and is it scheduled to take up the skil bill this year??...
When can it take it up next year??...
Could you please give some dates???.
When can it take it up next year??...
Could you please give some dates???.
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div_bell_2003
03-24 07:42 PM
It's best to contact your employer attorney about their standard practices about H1B revocations after termination of employment, but as far as I know if your H1B is revoked before your COS takes effect on Oct 1 , 09 , your OPT status stays intact till its expiry.
Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and revoke my H1? In that case will i be able to use my remaining OPT, since i will not have my H1 revoked?
Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and revoke my H1? In that case will i be able to use my remaining OPT, since i will not have my H1 revoked?
more...
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harivenkat
05-06 08:54 PM
Tech firms play quiet role in immigration-overhaul push - Politics AP - MiamiHerald.com (http://www.miamiherald.com/2010/05/06/1617199_p2/tech-firms-play-quiet-role-in.html)
WASHINGTON � The technology sector, a little-publicized but key player in the coalition that's pushing for an overhaul of immigration laws, has given mixed reviews to the proposal that Senate Democrats unveiled last week.
Public dialogue on immigration has focused largely on a path to legalization for the estimated 11 million to 12 million illegal immigrants living in the United States, but technology companies have lobbied for years to streamline and ease the process of hiring skilled legal immigrant workers. They hope to capitalize on the momentum that surrounds immigration.
Peter Muller is the director of government relations for Intel, one of the largest sponsors of H-1B temporary visas for skilled workers. The company was approved for 723 new H-1B visas in 2009. Muller said Intel had been hindered in hiring and keeping the most qualified people by the annual caps on H-1B visas and the sometimes decade-long delay in processing green card applications.
"To not be able to hire the people who really drive innovation in our company is a frustration," he said.
The number of H-1B visas issued each year is capped at 65,000, with another 20,000 reserved for foreign-born students who graduate from U.S. schools with advanced degrees in science, technology, engineering and math, programs from which companies such as Intel recruit many of their workers. In past years, the allotment often was gone within days after the application period opened in April. Last year, it took until December to hit the cap.
Even with a slower economy reducing demand for workers, however, tech companies say they want the system overhauled.
"Companies are still hiring, so fixing the problems and fixing the system is important," said Jessica Herrera-Flanigan, the co-executive director of Compete America, a coalition of companies that are lobbying for more high-skilled immigration. "It's an issue today for some companies, and it's going to continue to be an issue that needs to be addressed."
For H-1B workers who want to stay in the country permanently, the wait for a green card can take years. Ashish Sharma, an Indian citizen who's working for a technology company in California, has waited for a green card for seven years. At one point, Sharma said, he considered leaving the United States because of the uncertainty of his status.
"The long wait does bother people," he said. "I did look at what Canada was offering, where they give you a green card within three months."
Sharma ultimately decided to stay for the sake of his two children, who were raised in the U.S., but some employers as well as workers have chosen to go abroad. Microsoft, a top sponsor of H-1B visas with 1,318 petitions approved in 2009, opened a development center in Vancouver, British Columbia, in 2007, in part to take advantage of Canada's more lenient immigration laws.
Compete America praised some aspects of the Democratic immigration framework that Senate Majority Leader Harry Reid of Nevada and Sens. Charles Schumer of New York and Robert Menendez of New Jersey put forward last week.
The coalition favors a provision that would offer green cards to foreign students who graduate from U.S. universities with advanced degrees in specialized fields, but it's pushing back against provisions that would limit the hiring of H-1B workers and increase government scrutiny of companies that sponsor the temporary visas.
The language in the Democrats' framework that deals with temporary visas came largely from a bill intended to curb abuses in the H-1B system that Sens. Richard Durbin, D-Ill., and Charles Grassley, R-Iowa, introduced last year.
Durbin said in an e-mailed statement that the H-1B program was too easily abused by employers who used it to, in effect, outsource jobs that American workers could fill.
"Congress created the H-1B visa program so an employer could hire a foreign guest worker when a qualified American worker could not be found," he said. "However, the H-1B visa program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs."
Tech industry representatives disagreed.
"We are all for strong enforcement," Herrera-Flanigan said. "But the way the provisions are written, it's much more far-reaching than that, and it could have an adverse effect on companies that are not bad actors."
The H-1B provisions came in for criticism from people who represent immigrant workers as well as from employers. Aman Kapoor, the president of Immigration Voice, a network of skilled immigrant workers, called the proposal draconian and said the restrictions could render the H-1B process essentially useless.
Schumer's office didn't respond to requests for comment.
Advocates in the broader immigration-overhaul coalition said support from the technology industry would be key to winning the wide political backing that was necessary to give a comprehensive bill a shot at passing.
"I think it is important, and in part that is because tech is one of the key business sectors that will be necessary to bring the Republican votes we will need, in the Senate, especially," said Jeanne Butterfield, a senior adviser for the National Immigration Forum, a group that advocates policies that are more welcoming toward immigrants.
Technology companies make up a substantial portion of the voices that are lobbying for federal immigration revisions. Of the 288 federal lobbyist filings that had reported lobbying on immigration issues in the first quarter of the year as of Monday, an analysis shows that about 17 percent came from companies and organizations that represent the technology and engineering sectors. Others represented fields such as medicine and education, which also are interested in skilled immigrants.
The people who are lobbying on behalf of the tech sector said that although their issues with the immigration system were specific, they had no plans to peel off from the broader overhaul coalition to pursue a more tailored bill.
Muller said the word from Capitol Hill had been that immigration was too contentious an issue to tackle piecemeal.
PROVISIONS THAT WOULD AFFECT TECH SECTOR:
Green cards (legal permanent resident visas):
* Foreign students who graduate from U.S. schools with advanced degrees in science, technology, engineering or mathematics automatically would be eligible for green cards if U.S. employers offer them jobs.
* The caps that limit the numbers of immigrants who can come from specific countries would be eliminated.
H-1B visas (temporary work visas for foreign workers in specialized jobs):
* Would forbid employers from giving priority to H-1B applicants and would limit the number of H-1B employees that large employers may hire.
* Would authorize the Department of Labor to investigate applications for possible fraud and would require the department to audit companies that have large numbers of H-1B employees.
WASHINGTON � The technology sector, a little-publicized but key player in the coalition that's pushing for an overhaul of immigration laws, has given mixed reviews to the proposal that Senate Democrats unveiled last week.
Public dialogue on immigration has focused largely on a path to legalization for the estimated 11 million to 12 million illegal immigrants living in the United States, but technology companies have lobbied for years to streamline and ease the process of hiring skilled legal immigrant workers. They hope to capitalize on the momentum that surrounds immigration.
Peter Muller is the director of government relations for Intel, one of the largest sponsors of H-1B temporary visas for skilled workers. The company was approved for 723 new H-1B visas in 2009. Muller said Intel had been hindered in hiring and keeping the most qualified people by the annual caps on H-1B visas and the sometimes decade-long delay in processing green card applications.
"To not be able to hire the people who really drive innovation in our company is a frustration," he said.
The number of H-1B visas issued each year is capped at 65,000, with another 20,000 reserved for foreign-born students who graduate from U.S. schools with advanced degrees in science, technology, engineering and math, programs from which companies such as Intel recruit many of their workers. In past years, the allotment often was gone within days after the application period opened in April. Last year, it took until December to hit the cap.
Even with a slower economy reducing demand for workers, however, tech companies say they want the system overhauled.
"Companies are still hiring, so fixing the problems and fixing the system is important," said Jessica Herrera-Flanigan, the co-executive director of Compete America, a coalition of companies that are lobbying for more high-skilled immigration. "It's an issue today for some companies, and it's going to continue to be an issue that needs to be addressed."
For H-1B workers who want to stay in the country permanently, the wait for a green card can take years. Ashish Sharma, an Indian citizen who's working for a technology company in California, has waited for a green card for seven years. At one point, Sharma said, he considered leaving the United States because of the uncertainty of his status.
"The long wait does bother people," he said. "I did look at what Canada was offering, where they give you a green card within three months."
Sharma ultimately decided to stay for the sake of his two children, who were raised in the U.S., but some employers as well as workers have chosen to go abroad. Microsoft, a top sponsor of H-1B visas with 1,318 petitions approved in 2009, opened a development center in Vancouver, British Columbia, in 2007, in part to take advantage of Canada's more lenient immigration laws.
Compete America praised some aspects of the Democratic immigration framework that Senate Majority Leader Harry Reid of Nevada and Sens. Charles Schumer of New York and Robert Menendez of New Jersey put forward last week.
The coalition favors a provision that would offer green cards to foreign students who graduate from U.S. universities with advanced degrees in specialized fields, but it's pushing back against provisions that would limit the hiring of H-1B workers and increase government scrutiny of companies that sponsor the temporary visas.
The language in the Democrats' framework that deals with temporary visas came largely from a bill intended to curb abuses in the H-1B system that Sens. Richard Durbin, D-Ill., and Charles Grassley, R-Iowa, introduced last year.
Durbin said in an e-mailed statement that the H-1B program was too easily abused by employers who used it to, in effect, outsource jobs that American workers could fill.
"Congress created the H-1B visa program so an employer could hire a foreign guest worker when a qualified American worker could not be found," he said. "However, the H-1B visa program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs."
Tech industry representatives disagreed.
"We are all for strong enforcement," Herrera-Flanigan said. "But the way the provisions are written, it's much more far-reaching than that, and it could have an adverse effect on companies that are not bad actors."
The H-1B provisions came in for criticism from people who represent immigrant workers as well as from employers. Aman Kapoor, the president of Immigration Voice, a network of skilled immigrant workers, called the proposal draconian and said the restrictions could render the H-1B process essentially useless.
Schumer's office didn't respond to requests for comment.
Advocates in the broader immigration-overhaul coalition said support from the technology industry would be key to winning the wide political backing that was necessary to give a comprehensive bill a shot at passing.
"I think it is important, and in part that is because tech is one of the key business sectors that will be necessary to bring the Republican votes we will need, in the Senate, especially," said Jeanne Butterfield, a senior adviser for the National Immigration Forum, a group that advocates policies that are more welcoming toward immigrants.
Technology companies make up a substantial portion of the voices that are lobbying for federal immigration revisions. Of the 288 federal lobbyist filings that had reported lobbying on immigration issues in the first quarter of the year as of Monday, an analysis shows that about 17 percent came from companies and organizations that represent the technology and engineering sectors. Others represented fields such as medicine and education, which also are interested in skilled immigrants.
The people who are lobbying on behalf of the tech sector said that although their issues with the immigration system were specific, they had no plans to peel off from the broader overhaul coalition to pursue a more tailored bill.
Muller said the word from Capitol Hill had been that immigration was too contentious an issue to tackle piecemeal.
PROVISIONS THAT WOULD AFFECT TECH SECTOR:
Green cards (legal permanent resident visas):
* Foreign students who graduate from U.S. schools with advanced degrees in science, technology, engineering or mathematics automatically would be eligible for green cards if U.S. employers offer them jobs.
* The caps that limit the numbers of immigrants who can come from specific countries would be eliminated.
H-1B visas (temporary work visas for foreign workers in specialized jobs):
* Would forbid employers from giving priority to H-1B applicants and would limit the number of H-1B employees that large employers may hire.
* Would authorize the Department of Labor to investigate applications for possible fraud and would require the department to audit companies that have large numbers of H-1B employees.
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Norristown
10-15 11:49 AM
Also carry the proof (H1b receipt notice) that your H1b is applied waiting for the approval and letter from your employer that they have applied for H1 extension.
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adhantari
08-12 06:24 PM
what makes u think that he would be banned for asking such questions - if IV is busy may be some senior members can answer.
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it little more. Why is this post missing from Front Page? Some posts are there even they are not updated in last 12hrs. This one was gone from front page in matters of hours. After my reply this should technically come up on front page.... see if it does........ :D
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apchinta
11-13 09:15 PM
Same thing happened to a friend, and he complained to DOL. The employer was made to pay the amount with fine.
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centaur
04-13 03:51 PM
What bill is that? Do you have the bill nimber?
Iam curious to know if IV is supporting Hagel's bill which will not only increase H1Bs but also has good EB provisions.
It might not be a bad idea to have some interim relief instead of focussing on gigantic CIR .
Iam curious to know if IV is supporting Hagel's bill which will not only increase H1Bs but also has good EB provisions.
It might not be a bad idea to have some interim relief instead of focussing on gigantic CIR .
LostInGCProcess
09-02 10:40 AM
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
I think you are confused with the question. There is no mention of F1. The question is: If a person is on H1 and also has an EAD, what factor determines the switch from H1 to EAD? Are you suggesting one must travel out and in of the country to get the status changed from H1 to EAD? I don't think thats correct.
Please read the question clearly and don't get confused. F1 and H1 are different....but one can have both H1 and EAD (when I-485 is pending).
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
I think you are confused with the question. There is no mention of F1. The question is: If a person is on H1 and also has an EAD, what factor determines the switch from H1 to EAD? Are you suggesting one must travel out and in of the country to get the status changed from H1 to EAD? I don't think thats correct.
Please read the question clearly and don't get confused. F1 and H1 are different....but one can have both H1 and EAD (when I-485 is pending).
jonty_11
06-28 12:22 PM
What is IV core plan now that CIR is dead, are we going to pursue our agendas separately from the CIR now..?
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