gcdreamer05
11-10 02:52 PM
--- bump ---
so many views but no replies yet :(
so many views but no replies yet :(
wallpaper 24-03-2011, 13:26. Comments: 0
blacktongue
01-26 01:16 PM
Why more IT people from Andhra India?
pbojja
05-22 11:46 AM
Why not let people apply 485/140 concurrently even if their PDs are not current?.
All of us who were stuck know what a relief it is to have EAD in hand. Also non-IT spouses can work if they get their EAD.
Not that everybody would listen but I would say that it will be good if they allow concurrent filing even if the PD is not current and process the cases when PD becomes current.
I Agree with you , But again if they allow concurent filling ROW will get preference over us as they will be current most of the time .
I think it would be best if they allow us to apply for 485 regardless of priority date once 140 is approved .
140 may take a year but atleast you know you can file 485 in a year , with priority date rule you never know when you can apply
All of us who were stuck know what a relief it is to have EAD in hand. Also non-IT spouses can work if they get their EAD.
Not that everybody would listen but I would say that it will be good if they allow concurrent filing even if the PD is not current and process the cases when PD becomes current.
I Agree with you , But again if they allow concurent filling ROW will get preference over us as they will be current most of the time .
I think it would be best if they allow us to apply for 485 regardless of priority date once 140 is approved .
140 may take a year but atleast you know you can file 485 in a year , with priority date rule you never know when you can apply
2011 Published on 07-01-2011 13:18
v7461558
08-11 06:25 PM
http://www.dhs.gov/xnews/releases/pr_1186757867585.shtm item 22.
22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
Note that there is no "bill", the DHS is not talking about passing new laws through the Congress. They are talking about using their (and FBI's) existing administrative authority to streamline and expedite background checks. Note that the rule to search the secondary name indexes that was instituted after Sept. 11, 2001 was not a law. It was an interpretation by the DHS of the existing statute, yielding a request from the DHS to the FBI to provide the DHS with the information from the secondary index name search.
Now, if someone would please be so kind as to dig up the original text of the "following reforms [that] represent steps the Administration can take within the boundaries of existing law", released by the DHS on 10 August 2007, or to come up with a conclusion that said text has not yet been made publicly available, we can take this discussion further.
22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
Note that there is no "bill", the DHS is not talking about passing new laws through the Congress. They are talking about using their (and FBI's) existing administrative authority to streamline and expedite background checks. Note that the rule to search the secondary name indexes that was instituted after Sept. 11, 2001 was not a law. It was an interpretation by the DHS of the existing statute, yielding a request from the DHS to the FBI to provide the DHS with the information from the secondary index name search.
Now, if someone would please be so kind as to dig up the original text of the "following reforms [that] represent steps the Administration can take within the boundaries of existing law", released by the DHS on 10 August 2007, or to come up with a conclusion that said text has not yet been made publicly available, we can take this discussion further.
more...

Alabaman
07-14 08:26 AM
Not trying to sound pessimistic� but I am tired of hearing about the so called SKIL bill without any sort of timeline attached to it. For all I care it seems to me that it might just lay dormant in the house for one, two or even five years without any consideration. Any one with more info should please throw more light.
waiting4ever
01-05 04:45 PM
This is a good effort towards solving the retrogression issue. Like many silent readers, I do have concern about contributing to a new organization.
Is there a way to know more details about this effort? Please send me a personal email so I can understand more and contribute with confidence.
Thanks!
Is there a way to know more details about this effort? Please send me a personal email so I can understand more and contribute with confidence.
Thanks!
more...
gc_chahiye
10-31 03:22 AM
WTF are you talking about, man??? It was said hundreds times: once one use EAD, h(is|er) H(1|4) is GONE!!! Per my lawyer, if you filed H1 extension before expiration, you are ok, in this case ext. filing date make sense.
H1 status does end when you use the EAD, but that does not mean that you can never ever go back to H1. By getting a new petition, or your extension approved, and possibly having to re-enter the US, you can reactivate the H1 anytime. Its not all a one-way street.
See http://www.murthy.com/chatlogs/chat0106_P.html
Chat User : While in AOS, after using EAD and 6 years of H1B is expired, can the person change from EAD to H1B (1 year extension) if person's EAD extension is taking time?
Attorney Murthy : Although there is no specific mention in the INS law or regulations on this specific issue, the INS has alluded that a person should be able to file an H1B 1-year extension, even from outside the U.S. or within the U.S. Worst case scenario is that the person may have to travel abroad and reenter on the H1B status by applying for the H1B visa abroad, but we believe even that should not be necessary as long as the person always maintained valid legal status until filing the AOS and thereafter.
H1 status does end when you use the EAD, but that does not mean that you can never ever go back to H1. By getting a new petition, or your extension approved, and possibly having to re-enter the US, you can reactivate the H1 anytime. Its not all a one-way street.
See http://www.murthy.com/chatlogs/chat0106_P.html
Chat User : While in AOS, after using EAD and 6 years of H1B is expired, can the person change from EAD to H1B (1 year extension) if person's EAD extension is taking time?
Attorney Murthy : Although there is no specific mention in the INS law or regulations on this specific issue, the INS has alluded that a person should be able to file an H1B 1-year extension, even from outside the U.S. or within the U.S. Worst case scenario is that the person may have to travel abroad and reenter on the H1B status by applying for the H1B visa abroad, but we believe even that should not be necessary as long as the person always maintained valid legal status until filing the AOS and thereafter.
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asdqwe2k
04-19 10:02 AM
Job location does not matter, as long as it is mentioned that it will be the case in the Labour application.
All the desi consulting companies do that, so that their employees can work anywhere in USA...
All the desi consulting companies do that, so that their employees can work anywhere in USA...
more...
ameryki
03-17 10:47 PM
Hi,
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
ans 1. it is a fairly gray area. ofcourse salary increase is part of every development and change but if it over the board i.e 50% increase in salary then it might raise a flag (I have read this here in the forum) anything between 20 to 30% is acceptable.
ans2. AC21 is a fairly common option and has been used by many in this forum and outside after 180 days of filing 485. you should have no problems in renewals etc.
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
ans 1. it is a fairly gray area. ofcourse salary increase is part of every development and change but if it over the board i.e 50% increase in salary then it might raise a flag (I have read this here in the forum) anything between 20 to 30% is acceptable.
ans2. AC21 is a fairly common option and has been used by many in this forum and outside after 180 days of filing 485. you should have no problems in renewals etc.
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psczd4
09-27 06:21 PM
--u can find a one year program in your school and apply soon..they do have a certain time frame to accept your application for Spring semester, say mid of October(depends upon Univ.)...Financial assistant could be a factor but if you can somehow get an I-20 for that program..you should be safe
--Most important,get in touch with your advisor
--At last, apply for a toursit visa
Good Luck.
--Most important,get in touch with your advisor
--At last, apply for a toursit visa
Good Luck.
more...
GCwaitforever
08-16 11:21 AM
I am just quoting another way to move from EB-3 to EB-2 without having to file for PERM labor etc ... if you are in the same company. If the original labor petition is qualified for EB-2, but I-140 was applied in EB-3 category then that same approved EB-3 I-140 petition could be used as a supporting document in lieu of original labor certification to file another I-140 EB-2 petition. This is assuming that the attorney filed I-140 in the wrong category first time.
Of course if the original labor petition does not qualify for EB-2, but the applicant qualifies for EB-2 now, the applicant has to go through PERM again and port priority date from approved EB-3 I-140 to new EB-2 I-140 petition.
I hope this clarifies everything. I am not an attorney. Use the information at your own risk.
Of course if the original labor petition does not qualify for EB-2, but the applicant qualifies for EB-2 now, the applicant has to go through PERM again and port priority date from approved EB-3 I-140 to new EB-2 I-140 petition.
I hope this clarifies everything. I am not an attorney. Use the information at your own risk.
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raysaikat
04-08 10:39 PM
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
He can by using so-called concurrent H-1B's. There is an option in I-129 (Q. 2.d) to indicate that the new H-1B is concurrent.
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
He can by using so-called concurrent H-1B's. There is an option in I-129 (Q. 2.d) to indicate that the new H-1B is concurrent.
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PHANI_TAVVALA
12-02 10:08 PM
Thanks for your advice guys, I have found a university which allows people to go on CPT from 1st semester itself. They charge $3000 for this arrangement (along with $2400 for 6 credit hours) and their MBA/MS program is weekend only classes. I expect to convert to F1 and work with my present employer on CPT upon the my H1B expiration in Sept' 09 (I don't want to recapture the 2 months in Indian vacation). Classes start in 1st week of Oct 2009. The worst part is my course load will be really heavy as I have to continue with my regular M.B.A coursework in my present university.
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InTheMoment
12-04 05:04 PM
NYCGal,
I zoomed into your post when I saw DoL Withdrawn... my case shows "Withdrawn" which was apparently due to the famed computer glitch at the BEC. It should have had been returned back to it's original status (In Process) but that has not yet happened even after the DoL advisory to wait until Dec 1.
My lawyer has gotten in touch with the BEC. I was wondering how much time it took in your case for BEC to correct the error. My RIR conversion recruitement is ongoing and I wonder if the BEC will deliver on correcting in the mistake before it ends.
Time taken by BEC to correct the error in your case would help me a lot.
thanks:)
I zoomed into your post when I saw DoL Withdrawn... my case shows "Withdrawn" which was apparently due to the famed computer glitch at the BEC. It should have had been returned back to it's original status (In Process) but that has not yet happened even after the DoL advisory to wait until Dec 1.
My lawyer has gotten in touch with the BEC. I was wondering how much time it took in your case for BEC to correct the error. My RIR conversion recruitement is ongoing and I wonder if the BEC will deliver on correcting in the mistake before it ends.
Time taken by BEC to correct the error in your case would help me a lot.
thanks:)
more...
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kirupa
03-02 04:23 PM
Traditional painting qualifies!
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gconmymind
09-29 03:35 PM
I also have soft LUD on 09/26 and 09/29...But i dont know what to read into it.
Hope there are a few more approvals today and tomorrow before dates retrogress...
Hope there are a few more approvals today and tomorrow before dates retrogress...
more...
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baburob2
02-16 01:17 PM
Hi Logiclife
The 2004-2005 more usuage of EB visas for Indians is done because those were approved through AC21's unused visas i believe between 1999-2000 which are quota independent and not just from the annual quota of 140K. Hence in 2004-2005 there were more usuage. Starting from 2006 only thing left is the annual quota of 140K with per country quota of 7% at the max which has to be split among several EB categories in some proportions (roughly 1/3 among EB1, EB2, Eb3).The spillovers within 7% alone can be redistributed within a country's EB quota in the final quarter of the year. Hence the max India can get is 7% no matter how much gets spilled over from the rest of the world. THe only way to get the spillover back into the picture is another law enactment everytime it happens to get it back which is slow and painful process. Hence in nutshell to remove retrogression the easiest way is to remove country cap is or increase it . Else it is always going to stay even if annual quota is increased or through anyother measures. Hence I would recommend positively IV to focus on doing it and not mere increasing the quota.
The 2004-2005 more usuage of EB visas for Indians is done because those were approved through AC21's unused visas i believe between 1999-2000 which are quota independent and not just from the annual quota of 140K. Hence in 2004-2005 there were more usuage. Starting from 2006 only thing left is the annual quota of 140K with per country quota of 7% at the max which has to be split among several EB categories in some proportions (roughly 1/3 among EB1, EB2, Eb3).The spillovers within 7% alone can be redistributed within a country's EB quota in the final quarter of the year. Hence the max India can get is 7% no matter how much gets spilled over from the rest of the world. THe only way to get the spillover back into the picture is another law enactment everytime it happens to get it back which is slow and painful process. Hence in nutshell to remove retrogression the easiest way is to remove country cap is or increase it . Else it is always going to stay even if annual quota is increased or through anyother measures. Hence I would recommend positively IV to focus on doing it and not mere increasing the quota.
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jackdaniels
06-11 06:46 PM
http://www.time.com/time/nation/article/0,8599,1631758,00.html?xid=rss-topstories
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DallasBlue
07-31 08:42 PM
Join state chapter to be upto date.
http://groups.yahoo.com/group/texasiv
http://groups.yahoo.com/group/texasiv
bigboy007
08-10 02:18 PM
Good Morning,
I went to the uscis local office. The officer told my case SRC-****7236 (765) Renewal was denied on 06/25/2010. He didn’t have the denial details. He told he will send an email to Texas USCIS asking the details. He also told my 485 motion approved and my recent travel document approved but strange that they denied EAD.
Unfortunately we (Myself & Lawyer) never received a denial notice.
My EAD is expiring sep 3rd. I know mostly they denied by without seeing my 485 motion approval.I am requesting denial notice by opening SR
Help me and suggest to overcome this SITUATION (Another wrong denial by USCIS.)
Thanks
KPR
-----------------
Background OF Myself
----------------------
1)Worked for Company A from 2003 to 2008.
2)Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
3)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 2010).
4)Employer A revoked 140 which triggered 485 denials in October 2008.
5)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
I understand its painful , but unless you can get hold of Denial letter there is nothing much, anything else is pure speculation. Ask to send the Denial letter soon/again. If you can reach out to level 2 officer he/she MIGHT be able to see the cause of denial. what does online status say ?
I went to the uscis local office. The officer told my case SRC-****7236 (765) Renewal was denied on 06/25/2010. He didn’t have the denial details. He told he will send an email to Texas USCIS asking the details. He also told my 485 motion approved and my recent travel document approved but strange that they denied EAD.
Unfortunately we (Myself & Lawyer) never received a denial notice.
My EAD is expiring sep 3rd. I know mostly they denied by without seeing my 485 motion approval.I am requesting denial notice by opening SR
Help me and suggest to overcome this SITUATION (Another wrong denial by USCIS.)
Thanks
KPR
-----------------
Background OF Myself
----------------------
1)Worked for Company A from 2003 to 2008.
2)Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
3)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 2010).
4)Employer A revoked 140 which triggered 485 denials in October 2008.
5)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
I understand its painful , but unless you can get hold of Denial letter there is nothing much, anything else is pure speculation. Ask to send the Denial letter soon/again. If you can reach out to level 2 officer he/she MIGHT be able to see the cause of denial. what does online status say ?
newtoh1
12-02 04:50 PM
I have a question..
Applying labor before 365 days of H1 expiry is enough
or
Approval of labor before 365 days of H1 expiry is required
for getting extension of 1 year on H1 visa ?
Applying labor before 365 days of H1 expiry is enough
or
Approval of labor before 365 days of H1 expiry is required
for getting extension of 1 year on H1 visa ?
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