go_guy123
01-26 04:30 PM
If this bill was introduced, we need to meet with lawmaker offices and put pressure on them. Our responsibility is to do our part and leave the outcome to prayers, But not even trying should not be an option. What are we going to loose?
Yes EB situation is so bad that there is nothing to lose
Yes EB situation is so bad that there is nothing to lose
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greenerpastures
07-20 03:09 PM
I have a few questions and much thanks for those who answer.
1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
I heard that people who have held H1-B's in the past do not come under the cap. Is this true?
2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?
Thanks,
Much worried.
MScapbust,
You are exempt from the H1B cap if you have/had H1B visa in 2002 for some time and have been staying in US legally till now. If you have been out of US for more than a year, then you are counted against the H1B cap. But, I assume you were on F1 during the past few years and never stayed out of US for more than a year. So, you should be eligible for 6 years H1B minus the time you were on H1 during 2002 (even though adv degree cap gets filled). I would suggest you to talk to an immigration attorney or the attorneys/HR of the company that you might be joining in August.
Good luck
1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
I heard that people who have held H1-B's in the past do not come under the cap. Is this true?
2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?
Thanks,
Much worried.
MScapbust,
You are exempt from the H1B cap if you have/had H1B visa in 2002 for some time and have been staying in US legally till now. If you have been out of US for more than a year, then you are counted against the H1B cap. But, I assume you were on F1 during the past few years and never stayed out of US for more than a year. So, you should be eligible for 6 years H1B minus the time you were on H1 during 2002 (even though adv degree cap gets filled). I would suggest you to talk to an immigration attorney or the attorneys/HR of the company that you might be joining in August.
Good luck
rahulpaper
01-01 12:13 AM
vote..............
I got FP notices today (NSC>CSC>NSC). No SR opened.
I got FP notices today (NSC>CSC>NSC). No SR opened.
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RSM1444
08-06 12:54 PM
looks interesting.
more...
sankar_203
04-01 05:54 PM
Why did you not stick with the approved labor with company A, thus retaining the priority date of Nov 2006???
If you used substitution labor just to get ahead of others who are in the line, then I hope no one answers your query. I won't be as critical as zCool but substitute labor cases are repulsive.
Company A has variety of legal problems with USCIS..not paying for people on bench and due to that my H1-B extension got affected and denied..it is a long list of 12 page denial..already filed ac21 with the other company..
If you used substitution labor just to get ahead of others who are in the line, then I hope no one answers your query. I won't be as critical as zCool but substitute labor cases are repulsive.
Company A has variety of legal problems with USCIS..not paying for people on bench and due to that my H1-B extension got affected and denied..it is a long list of 12 page denial..already filed ac21 with the other company..
xbohdpukc
09-25 11:59 AM
The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
more...
GCard_Dream
04-05 06:18 PM
I guess the only question that remains now is if I beat the clock and am able to file I-485 (assuming everything works out in EB2 case) before the current H1B expires, what would my status be until I receive my EAD. My understanding is that is takes few months for the EAD to be approved but the H1 has long expired. Are you in status or out of status then?
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RedHat
08-30 05:01 PM
What is Sub-Labor?
I field my GC thru Very good company.
I am not understanding why its happend
I field my GC thru Very good company.
I am not understanding why its happend
more...
msp1976
02-09 12:52 PM
With some irony, I spent a chunk of time searching last night for associations in the states that are from my nationality background (don't hate me, I'm English). All I could find are associations regarding livestock (cows) and golf.... Gotta dig deeper!
In fact there is http://www.britsintheus.com
I was looking for some information about H1 extension and I had found it there...that was long time back....before I found rajiv khanna's site...
In fact there is http://www.britsintheus.com
I was looking for some information about H1 extension and I had found it there...that was long time back....before I found rajiv khanna's site...
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eastindia
05-14 04:15 PM
It is time to pass the DREAM Act.
more...
lee.cook
May 28th, 2007, 11:06 AM
Ok now im screwed, my sensor is filled with dust spots as I can see it on the sensor myself..
http://img516.imageshack.us/img516/1959/dsc2412uw4.jpg (http://imageshack.us)
Just thought id share this with you as im really annoyed right now
http://img516.imageshack.us/img516/1959/dsc2412uw4.jpg (http://imageshack.us)
Just thought id share this with you as im really annoyed right now
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comstar8199
08-25 06:45 PM
I think someone should make a Pwnd smilie...
and by the way Templarian Kalamazoo isn't too far away, I live there.
and by the way Templarian Kalamazoo isn't too far away, I live there.
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breddy2000
01-04 02:59 PM
Thanks for replying to my message. Even if she leaves the country, she has no H1 or H4 visa stamping to come back. Her COS(H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 and we didn't knew that we have to apply for H4 side-by-side. Bcoz of this situation, she has neither of the status. Even if we want to apply H4, her H4 is already expired in Aug 2006 and I am not sure if we can apply for H4 now. Can we apply for H4 now...??
Regards,
-- Venkat
Recently there has been and update on the H1 , L1 Law stating that they have de-coupled the max limit stay on H4-H1 Visa time limits. Meaning, a period spent on H4 is not counted for 6 year limit on H1 Visa and also does not depend on ones spouses 6 years limit. So, it may be possible that you can get her H1 extended beyond the Expiry Date.
I'm not very clear about your problem((H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 ) How can the Visa expire in 3 months? But i would suggest you to contact a Good Lawyer in this matter. We did it and it worked for us...
Also see this link on H1-L1 decoupling issue here.
http://www.murthy.com/news/n_depfam.html
Regards,
-- Venkat
Recently there has been and update on the H1 , L1 Law stating that they have de-coupled the max limit stay on H4-H1 Visa time limits. Meaning, a period spent on H4 is not counted for 6 year limit on H1 Visa and also does not depend on ones spouses 6 years limit. So, it may be possible that you can get her H1 extended beyond the Expiry Date.
I'm not very clear about your problem((H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 ) How can the Visa expire in 3 months? But i would suggest you to contact a Good Lawyer in this matter. We did it and it worked for us...
Also see this link on H1-L1 decoupling issue here.
http://www.murthy.com/news/n_depfam.html
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thomachan72
05-12 09:53 AM
Dear All,
Could you please advise, if we can port eb3 to eb2.
My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.
Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?
If yes, what should we be careful about and how should we go about it?
Sincerely,
Augustus
In principle the main criteria would be whether the job requires a person with a masters or higher degree. If the company can prove that the job description and requirements match that for a person with masters then he would qualify. Again this is based on my awareness from reading various posts on the IV and similar websites. The attorney would be the best to decide. I know many of our friends in the IV have masters but the main problem they are facing is that the job description does not specify a masters. So the employer hesitates to reaply in EB2 catagory. If your husband fits in then I believe all he has to do is to file another 140 and port the PD of the EB3 application.
How frustating this can be, right? :(
Could you please advise, if we can port eb3 to eb2.
My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.
Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?
If yes, what should we be careful about and how should we go about it?
Sincerely,
Augustus
In principle the main criteria would be whether the job requires a person with a masters or higher degree. If the company can prove that the job description and requirements match that for a person with masters then he would qualify. Again this is based on my awareness from reading various posts on the IV and similar websites. The attorney would be the best to decide. I know many of our friends in the IV have masters but the main problem they are facing is that the job description does not specify a masters. So the employer hesitates to reaply in EB2 catagory. If your husband fits in then I believe all he has to do is to file another 140 and port the PD of the EB3 application.
How frustating this can be, right? :(
more...
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rockrocky
01-14 10:53 PM
I have used Hopeforhaiti.com to donate.
it is truly heart breaking to see the footage of the aftermath. I hope God gives them strength and courage to deal with the situation and the country rebuilds itself.
~R
it is truly heart breaking to see the footage of the aftermath. I hope God gives them strength and courage to deal with the situation and the country rebuilds itself.
~R
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austingc
12-24 10:25 PM
Please advise urgently.
Say today my I-140 is denied.
Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
Now I-140 is denied.
Lawyer is opening an MTR.
We dont know when the decision will come. May be positive, may be negative.
1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
2. Can I get extensions while MTR is pending.
3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.
Sorry to hear about your I-140 denial. Can you tell us why it was denied?
1.Nothing will happen to your H1B, you can continue to work once you get your H1B extension is approved.
2. yes. You can get 1 year extension in March based on your pending MTR. It's a good thing your attorney filed an MTR.
3. If your 140 MTR is denied after your H1B extension is approved then you can work until your H1B expiration date. Make sure you file another labor immediately while the MRT is pending. So in case if your MRT is denied then at least you have a back up.
Say today my I-140 is denied.
Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
Now I-140 is denied.
Lawyer is opening an MTR.
We dont know when the decision will come. May be positive, may be negative.
1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
2. Can I get extensions while MTR is pending.
3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.
Sorry to hear about your I-140 denial. Can you tell us why it was denied?
1.Nothing will happen to your H1B, you can continue to work once you get your H1B extension is approved.
2. yes. You can get 1 year extension in March based on your pending MTR. It's a good thing your attorney filed an MTR.
3. If your 140 MTR is denied after your H1B extension is approved then you can work until your H1B expiration date. Make sure you file another labor immediately while the MRT is pending. So in case if your MRT is denied then at least you have a back up.
more...
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Beemar
12-08 09:38 PM
Somebody recently gave me a red dot for one of my posts, which is alright, but the person qualified it with a highly offensive Hindi expletive. The words are too obscene to be posted in open forum so I will refrain from reproducing them.
I want IV to reveal the name of the culprit, and ban him/her immediately. Failing which, I will have to evaluate other options to seek redress.
Needless to say, this whole dot mongering is seriously flawed and needs rethinking.
I want IV to reveal the name of the culprit, and ban him/her immediately. Failing which, I will have to evaluate other options to seek redress.
Needless to say, this whole dot mongering is seriously flawed and needs rethinking.
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qualified_trash
10-25 09:37 AM
How long the old I-140 needs to be valid ? Should it be valid only until one gets the new I-140 cleared with the Old PD ? Or does it needs to be valid until the 485 is filed and status is adjusted ?
should be valid preferably until you get your new I140 approved.
should be valid preferably until you get your new I140 approved.
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claudio
01-13 08:06 PM
Nice contest K, i haven't coded in a while but i'll see if I can get some spare time to participate :)
s416504
12-03 03:02 PM
Does anyone knows if Person eligible for AC21 porting is eligible for unemployment benefit?
kannan
07-21 02:07 PM
My 485 details
PD Nov 2005 EB 2 India Ported from Previous employer
Applied date July 2007
ND aug 23
Ist I 140 approved jan 2006 --( This got the below message)
2nd I 140 approved Mar 2007
Today I got a CRIS mail ,that my already approved I 140 got a status
Current Status: Case Transfered to Another Office for Processing.
On July 20, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
This is my Previous employer's I 140approved in jan 2006, I transfered the PD .Any thing is wrong. I am so scared . I was laid off from April. Till now I did not get any Job.
Do I have to worry because this is my previous company I-140.
PD Nov 2005 EB 2 India Ported from Previous employer
Applied date July 2007
ND aug 23
Ist I 140 approved jan 2006 --( This got the below message)
2nd I 140 approved Mar 2007
Today I got a CRIS mail ,that my already approved I 140 got a status
Current Status: Case Transfered to Another Office for Processing.
On July 20, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
This is my Previous employer's I 140approved in jan 2006, I transfered the PD .Any thing is wrong. I am so scared . I was laid off from April. Till now I did not get any Job.
Do I have to worry because this is my previous company I-140.
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