gc_kaavaali
05-07 12:30 PM
If one is on H1B...applied 485...almost done with 6 years...but got h1b approval for 3 years because of approved I-140...now 485 got denied...should i go back because i completed my six years? or can i stay as long as my H1 is valid (beyond 6 years)?
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ita
10-30 01:55 PM
What does taking Infopass mean?
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LostInGCProcess
01-16 10:20 AM
It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.
In a way you are right but not entirely. It is the responsibility of the sponsoring company (that filed H1 for the person) to pay while he/she is employed with the company. Its does not matter whether he/she has a client project or not. So, as long as the sponsoring company say they are going to pay him he/she is legal.
I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.
In a way you are right but not entirely. It is the responsibility of the sponsoring company (that filed H1 for the person) to pay while he/she is employed with the company. Its does not matter whether he/she has a client project or not. So, as long as the sponsoring company say they are going to pay him he/she is legal.
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Kevin Sadler
January 30th, 2006, 09:00 AM
hi boney. excellent advice so far. i'll just add that you should also take into account how one camera "feels" in your hands vs. another. you might use that as a tie-breaker or a major decision point in your purchase. but luckily for us most of the manufacturers have a different feel, including grip sizes, curves, location and operation of the controls, etc.
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uma001
10-16 12:50 PM
Do everything in premium..It is a matter of extra $1000 for each stage (H1 or I140)
GreenCard4US
03-20 04:57 PM
http://www.hindu.com/thehindu/holnus/000200903210312.htm
Saturday, March 21, 2009
Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.
The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.
These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.
"Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.
All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.
"USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.
This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.
Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.
USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.
While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.
At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.
USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.
The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.
However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
Saturday, March 21, 2009
Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.
The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.
These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.
"Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.
All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.
"USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.
This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.
Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.
USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.
While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.
At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.
USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.
The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.
However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
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asdqwe2k
07-04 04:40 PM
Another possible example here: I heard a case where one labor led to TWO green cards. My understanding this is not possible and might have happened because of the rush USCIS was approving cases.
A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.
Who knows how many more irregularities happened there during last two weeks.
There is nothing wrong in people getting approvals on july 2nd or for that matter entire this week or this month.. That is because, eventhough people get approval notice e-mails as july 2nd or any date after that, the actual approval happened 2-3 weeks before..
For example, for most of NSC approval in june 18th week, people have indicated that there Green card physical copy showed approval as June 4th. They got approval notice, and actual green cards starting only in June 3rd week. There has been flood of approvals, at least in NSC region.. Just ask any last month GC approved person, to tell what is the date for "Resident Since" on the green card..
A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.
Who knows how many more irregularities happened there during last two weeks.
There is nothing wrong in people getting approvals on july 2nd or for that matter entire this week or this month.. That is because, eventhough people get approval notice e-mails as july 2nd or any date after that, the actual approval happened 2-3 weeks before..
For example, for most of NSC approval in june 18th week, people have indicated that there Green card physical copy showed approval as June 4th. They got approval notice, and actual green cards starting only in June 3rd week. There has been flood of approvals, at least in NSC region.. Just ask any last month GC approved person, to tell what is the date for "Resident Since" on the green card..
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smuggymba
05-11 03:30 PM
If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.
.
I just send hard copy letters again this week. Costs nothing, great impact.
This is NUMBER 1 ACTION ITEM for EB3 friends.
.
I just send hard copy letters again this week. Costs nothing, great impact.
This is NUMBER 1 ACTION ITEM for EB3 friends.
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kshitijnt
10-22 12:30 PM
Did you fill any I-9 form or your hr filed it? the status of the applicant is decided by the I-9 Employment eligibility form.
Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?
He doesnt have to fill out I-9. Anyone else can do it. How did lawyer provide them with EAD? Didnt they mail the card to your place?
If I were you, and if it is true they changed your status without your knowledge, I would write them 4-5 F*** letter worded emails with copy to the boss.
Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?
He doesnt have to fill out I-9. Anyone else can do it. How did lawyer provide them with EAD? Didnt they mail the card to your place?
If I were you, and if it is true they changed your status without your knowledge, I would write them 4-5 F*** letter worded emails with copy to the boss.
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GreeNever
02-08 02:46 PM
I..sort of have turned philosophical abt the whole process. Having said that, I also see bright flashes off and on...(just kiddin'). I talk optimism, walk optimism, eat optimism, sleep optimism :) ..ends here!.
If all that it takes is - a copy of our presentation to be mailed/emailed to this 'super cop' of a minister or his office, I would still do it. That way, I have at least challenged him..
If all that it takes is - a copy of our presentation to be mailed/emailed to this 'super cop' of a minister or his office, I would still do it. That way, I have at least challenged him..
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purgan
09-13 03:14 PM
Oh God!
Waiting for over 5 years for the damn green card and still no end in sight.
No wonder there's a lot of pent up anger and frustration.:mad:
Want to know how I feel like- I'm standing in a line for over five years through rain, storm hail and wind (i mean layoffs, company shutdowns, M&A, bad economy, etc), and still haven't come to the counter. The wait is endless....imagine how many Americans would tolerate a 5 year+ wait!!
Waiting for over 5 years for the damn green card and still no end in sight.
No wonder there's a lot of pent up anger and frustration.:mad:
Want to know how I feel like- I'm standing in a line for over five years through rain, storm hail and wind (i mean layoffs, company shutdowns, M&A, bad economy, etc), and still haven't come to the counter. The wait is endless....imagine how many Americans would tolerate a 5 year+ wait!!
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gc_chahiye
09-21 03:25 PM
Employer cannot revoke I-140 application after 180 days of filling I-485. No matter what the scenario is.
employer can revoke the I-140 at any time. If you have crossed 180 days since filing I-485, the revocation does not effect your I-485 approval.
employer can revoke the I-140 at any time. If you have crossed 180 days since filing I-485, the revocation does not effect your I-485 approval.
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HRPRO
02-23 10:33 AM
Carry the following
- As many past W2 as you can
- Atleast last 6 paystubs
- All your previous H1B which shows you were always in status
- Current H1B if applicable
- Letter from HR of current company stating that you are a full time employee if applicable
- Copy of 485 receipt notice if available
- Copy of 140 receipt notice if available
- Copy of Labour if available
Plainspeak,
I dont think he/she is going for his/her stamping, so I dont see a need for all the other documents listed. Depending on the flight being taken, a transit vis may be necessary
- As many past W2 as you can
- Atleast last 6 paystubs
- All your previous H1B which shows you were always in status
- Current H1B if applicable
- Letter from HR of current company stating that you are a full time employee if applicable
- Copy of 485 receipt notice if available
- Copy of 140 receipt notice if available
- Copy of Labour if available
Plainspeak,
I dont think he/she is going for his/her stamping, so I dont see a need for all the other documents listed. Depending on the flight being taken, a transit vis may be necessary
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perm2gc
08-30 12:53 PM
I think for EB2 it is appx 113K USD when GC is approved.It depends on your state wages...
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n2b
04-18 04:42 PM
the main grey area for n2b is --
but in his case, he jumped to EAD (lost his nonimmigrant status temporarily) and is trying to jump back to H1 status.
See the thin is as far as the status goes I believe one is not on Immigrant status unless one gets the GC; and their are only two statuses, Immigrant and Non-Immigrant for us (or I guess illegal, which we are not for sure)!!
So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?
but in his case, he jumped to EAD (lost his nonimmigrant status temporarily) and is trying to jump back to H1 status.
See the thin is as far as the status goes I believe one is not on Immigrant status unless one gets the GC; and their are only two statuses, Immigrant and Non-Immigrant for us (or I guess illegal, which we are not for sure)!!
So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?
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darshan1226
02-13 01:43 PM
Please keep your sarcastic remarks to yourself, you're not helping. It is appreciated when someone share some USEFUL information.
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kumarc123
10-22 09:28 AM
Gurus pls help,
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
Hello there,
Well I can answer one question of your's, when you travel to Canada, they don't normally put a new I94 ( I have driven too many times)
So I would put the date specified on the old 1-94 exclusive of my trips to Canada, reason being I-94 is the only official record of entering and exiting the country. So why complicate things more?
Hope it helps
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
Hello there,
Well I can answer one question of your's, when you travel to Canada, they don't normally put a new I94 ( I have driven too many times)
So I would put the date specified on the old 1-94 exclusive of my trips to Canada, reason being I-94 is the only official record of entering and exiting the country. So why complicate things more?
Hope it helps
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Lasantha
07-05 01:11 PM
I guess you mistook my statement... what I said was, where did they get enough EB2-ROW to approve and so fast that they used up all the visas earmarked for EB2-ROW... Its unavailability now that will cause a backlog and thus retorgression after october...
in other words, if demand is higher than supply there will be a demand side backlog and this backlog occurs due to more demand than supply and thus unavailability of the "commodity"... this "unsatisfied demand" or "backlog" will then cause retrogression...
my question was, where did so much EB2-ROW demand come from when in reality with country quotas and EB2-ROW being current all along there NEVER was a extrodinary demand and a pending backlog in this cat. to begin with...
yes, I never looked at it that way.
in other words, if demand is higher than supply there will be a demand side backlog and this backlog occurs due to more demand than supply and thus unavailability of the "commodity"... this "unsatisfied demand" or "backlog" will then cause retrogression...
my question was, where did so much EB2-ROW demand come from when in reality with country quotas and EB2-ROW being current all along there NEVER was a extrodinary demand and a pending backlog in this cat. to begin with...
yes, I never looked at it that way.
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venky08
12-06 11:35 PM
three words dude:
FIRE YOUR LAWYER:D
seriously,
you can apply for h1-b for 3 years after i-140 gets approved if you are from oversubscribed countries. in the cover letter to USCIS for the h1 extension, ask them to refer to rule #104 (or something) of USCIS which allows you to file the extension after six years.
do a google search on rule 104 or somebody else can help you out with this
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
FIRE YOUR LAWYER:D
seriously,
you can apply for h1-b for 3 years after i-140 gets approved if you are from oversubscribed countries. in the cover letter to USCIS for the h1 extension, ask them to refer to rule #104 (or something) of USCIS which allows you to file the extension after six years.
do a google search on rule 104 or somebody else can help you out with this
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
sai_srinivas
05-22 08:28 PM
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abracadabra
07-06 11:13 AM
http://www.washingtonpost.com/wp-dyn/content/discussion/2007/06/30/DI2007063000525.html
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it