shreekhand
02-22 09:33 AM
:) Only if your GC is based on marriage to a US Citizen. Otherwise all Family Based GC's also need 5 years.
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venepally_v
11-01 11:42 AM
I would like to attend this meeting. Could you please let me know the location.
Thanks,
Thanks,
GCisLottery
03-24 01:13 PM
I know this is irrelevant in a way but see it from a different angle for one moment. There is no other forum where you can get any information about these H1 employers who are playing games using retrogression. This is the only forum where most of the people on H1 are related to some desi consulting company and can share their experiences which would help other people who are in huge pain due to the unfair practices of their existing employers.
I would recommend the administrators to create a separate area on this forum where people can share these experiences and find genuine employers.
Not in this forum I would argue. There are other places.
http://www.desicrunch.com/
http://www.itcontractorrating.com
http://www.h1bmates.com
http://www.skipnext.com
http://www.goolti.com
I would recommend the administrators to create a separate area on this forum where people can share these experiences and find genuine employers.
Not in this forum I would argue. There are other places.
http://www.desicrunch.com/
http://www.itcontractorrating.com
http://www.h1bmates.com
http://www.skipnext.com
http://www.goolti.com
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rvr_jcop
04-29 01:26 PM
Hello,
I read this on Oh-law website. I am a bit confused. Isnt it true that H1 is dual intent, why would they consider this as abandonment of 485 when one uses the automatic re-validation rule (no valid H1 stamp but valid I-94 stub on the 797 H1 approval)?
From the Oh-law website:
Those in pending I-485 green card proceedings should understand that travel over the contiguous countries without a valid H or L visa status or without an approved advance parole will result in a deadly consequence of abandonment of pending I-485 applications even if they are readmitted into the U.S. after a short trip to Canada and Mexico with an expired visa in the passport under the foregoing visa revalidation rule. Rule of readmissibility from such trip is one thing and abandonment of pending I-485 is the other. They should never depart from the U.S. without a valid H or L approved status or a valid Advance Parole.
I read this on Oh-law website. I am a bit confused. Isnt it true that H1 is dual intent, why would they consider this as abandonment of 485 when one uses the automatic re-validation rule (no valid H1 stamp but valid I-94 stub on the 797 H1 approval)?
From the Oh-law website:
Those in pending I-485 green card proceedings should understand that travel over the contiguous countries without a valid H or L visa status or without an approved advance parole will result in a deadly consequence of abandonment of pending I-485 applications even if they are readmitted into the U.S. after a short trip to Canada and Mexico with an expired visa in the passport under the foregoing visa revalidation rule. Rule of readmissibility from such trip is one thing and abandonment of pending I-485 is the other. They should never depart from the U.S. without a valid H or L approved status or a valid Advance Parole.
more...
sprash
06-02 05:41 PM
bump
mojoindemorning
07-04 02:03 AM
The 260k�
God knows or who knows why the fluke in the numbers and a lot hurt but not to forget certain services made the big bucks. On an average 65k/year non-Immigrant VISAS are issued by immigration services. The Dept. of State claims that 60k immigrant VISA numbers exhausted by June 29, 07. The total number of applicants in the rat race should sum up to at least 260k as on June07.
Numbers do the math...
The June07 bulletin priority dates for India trace back to EB3-June03 & EB2-April04. At the same time about combined ~65k*4(June03-June07) = 260k were looking forward to get ahead in the rat race. Assume that 70% of 260k i.e. 182k had approved labors/substitution labor. The 182k caused to exhaust the 60k available immigrant VISAS then still about 102k are left in the air as non-immigrant alien workers.
The suck-more theory�
Since, the bulletin was issued on June 13, 07 (13 = dooms day) ~102k rushed to local stores like Sears, Walgreen, CVS for 2�� * 2 �� passport size photographs. The non-immigrant alien workers spent around 182k* ~$60 = $10.9mil for 6 passport size photographs. This explains why Walgreen (WALG) which was trailing at $43.xx on NASDAQ in May07 shot up to $45 in June07 and suddenly tumbled down to $43.xx after the revised bulletin. Certified civil surgeons to perform medical examination pocketed medical history�s best earnings in a span of 2 weeks raking revenues of about 182k* ~$275 = ~$50mil. NASDAQ touched years best @2650 in June07. Immigration lawyers charge about $1500 for I140 petition. Market rates for immigrant 485 petition is about $1400 for principal applicant and extra $750 for each dependent. Assuming that the average spending of 182k(singles, married, 2/3dependent applicants) amounted to $2000 for I140 and $2000 for I485 this totals to about 182k*$4000 = guess what!! $728mil. This means that there should be tremendous sales of Bentleys, Porsches, Lexus, Audis, BMWs this year. Projected sales of luxury cars should touch around $500mil for luxury cars alone in Q3. Till the next Oct07 bulletin keep the retro-guess-on for numbers.
Thanks and good luck!!
-AD (ad@suckmore.com)
God knows or who knows why the fluke in the numbers and a lot hurt but not to forget certain services made the big bucks. On an average 65k/year non-Immigrant VISAS are issued by immigration services. The Dept. of State claims that 60k immigrant VISA numbers exhausted by June 29, 07. The total number of applicants in the rat race should sum up to at least 260k as on June07.
Numbers do the math...
The June07 bulletin priority dates for India trace back to EB3-June03 & EB2-April04. At the same time about combined ~65k*4(June03-June07) = 260k were looking forward to get ahead in the rat race. Assume that 70% of 260k i.e. 182k had approved labors/substitution labor. The 182k caused to exhaust the 60k available immigrant VISAS then still about 102k are left in the air as non-immigrant alien workers.
The suck-more theory�
Since, the bulletin was issued on June 13, 07 (13 = dooms day) ~102k rushed to local stores like Sears, Walgreen, CVS for 2�� * 2 �� passport size photographs. The non-immigrant alien workers spent around 182k* ~$60 = $10.9mil for 6 passport size photographs. This explains why Walgreen (WALG) which was trailing at $43.xx on NASDAQ in May07 shot up to $45 in June07 and suddenly tumbled down to $43.xx after the revised bulletin. Certified civil surgeons to perform medical examination pocketed medical history�s best earnings in a span of 2 weeks raking revenues of about 182k* ~$275 = ~$50mil. NASDAQ touched years best @2650 in June07. Immigration lawyers charge about $1500 for I140 petition. Market rates for immigrant 485 petition is about $1400 for principal applicant and extra $750 for each dependent. Assuming that the average spending of 182k(singles, married, 2/3dependent applicants) amounted to $2000 for I140 and $2000 for I485 this totals to about 182k*$4000 = guess what!! $728mil. This means that there should be tremendous sales of Bentleys, Porsches, Lexus, Audis, BMWs this year. Projected sales of luxury cars should touch around $500mil for luxury cars alone in Q3. Till the next Oct07 bulletin keep the retro-guess-on for numbers.
Thanks and good luck!!
-AD (ad@suckmore.com)
more...
Blog Feeds
12-18 03:40 PM
As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
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sanju
03-24 12:11 PM
Its a good consolidated report, It clearly says system is broken and need a fix. Almost all the legislation listed at the end talk about either recapturing lost visas or increase the numerical limit.
Thanks
That is true. However, it is not difficult to figure out that Ruth is a supporter of legalization of the undocumented. That's why the only bills covered at the end of the report are all legalization bills. She seems to have "extensive" analysis on per-country limits on EB &FB, but doesn't have the ink to write 1 line about country limits on the undocumented. The report systematically and intentinally overlooks all other bills that are related to legal immigration only. Most of the time, its not what is written, but who wrote it and how the information is presented which matters.
.
Thanks
That is true. However, it is not difficult to figure out that Ruth is a supporter of legalization of the undocumented. That's why the only bills covered at the end of the report are all legalization bills. She seems to have "extensive" analysis on per-country limits on EB &FB, but doesn't have the ink to write 1 line about country limits on the undocumented. The report systematically and intentinally overlooks all other bills that are related to legal immigration only. Most of the time, its not what is written, but who wrote it and how the information is presented which matters.
.
more...
gcformeornot
11-03 02:40 PM
My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
you lawyer or employer can contact...
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
you lawyer or employer can contact...
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immi2006
07-01 08:14 AM
Hi,
I want to know how this can be possible. A few folks who work with me claim that some folks whom they know well have got GC in Feb 2007, even though there PD is June 2005.
They are all from India. I am sitting here with Aug 2001 PD, just cleard from BEC and waiting to file 140 and 485.
Do you think there is any truth to the previous statements of my friend ?
I want to know how this can be possible. A few folks who work with me claim that some folks whom they know well have got GC in Feb 2007, even though there PD is June 2005.
They are all from India. I am sitting here with Aug 2001 PD, just cleard from BEC and waiting to file 140 and 485.
Do you think there is any truth to the previous statements of my friend ?
more...
vhd999
10-07 05:18 PM
Thanks Raj.
Why do I need to be on H1B? I am currently on EAD.
Why do I need to be on H1B? I am currently on EAD.
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mailtobalu
06-30 04:56 PM
Can I go for this change of status any time or do I need to wait for new H1B cap which will open in April every year?
more...
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martinvisalaw
10-12 04:56 PM
Co. B can file the PERM at any time, but ideally one year before the current H-1B expires, even if that is 8+ years into your H-1B status. Provided that you have a PERM on file 365 days before the end of your H-1B status, the company can extend again based on that PERM #2. The filing does not have to be before the end of your 6th year.
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varshadas
01-16 09:01 AM
I will join as well.
Thanks,
Varsha
Thanks,
Varsha
more...
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GC_1000Watt
07-08 12:26 PM
Priority Date: Jan 2006
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
According to a well known lawyer in LA area, you can port dates even if your 140 is revoked by your employer. The only possible cause not allowing you to port dates would be revoking of your 140 by USCIS if they feel there was a fraud in your case.
Good luck!
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
According to a well known lawyer in LA area, you can port dates even if your 140 is revoked by your employer. The only possible cause not allowing you to port dates would be revoking of your 140 by USCIS if they feel there was a fraud in your case.
Good luck!
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Desertfox
07-28 03:44 PM
Probably the last action rule triggers in your case from Oct'08 and you will not be considered in L-1 status anymore. You should talk to an attorney I guess.
more...
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kondur_007
05-19 04:50 PM
To me, it means that they will issue an RFE to ask you about the new (self-employed) job and description of your job duties in the new job, compensation etc. And they should match with original LC.
I have a personal belief that this is a complicated thing in itself and depends largely on the job title, job descriptions and your qualifications mentioned on LC. It would be a good idea to discuss the specifics with a competent attorney before taking any step that might lead you to a new greencard from scratch. Good Luck.
I have a personal belief that this is a complicated thing in itself and depends largely on the job title, job descriptions and your qualifications mentioned on LC. It would be a good idea to discuss the specifics with a competent attorney before taking any step that might lead you to a new greencard from scratch. Good Luck.
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reddymjm
05-21 10:01 AM
EB3 getting a spillover is highly unlikely, atleast this year.
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TheCanadian
04-16 10:49 AM
Means you two have and 86% chance of makin' bacon.
FredG
April 8th, 2004, 08:53 AM
good idea!