eb3retro
02-20 05:53 PM
There are 2 kinds of people in the world -
one who think that others (other people or government) is responsible for their current state and others are the ones who are willing to introspect, make appropriate changes and then succeed. Even a dumb (read "") can figure where they belong to.
An itchy dog needs to get himself rubbed against all possible objects so as to keep that itch in control. These websites are such places where these people go to satisfy their itch. Even the owners of these itchy dogs desert them (read "their god-father politicians") when they start doing this. Do you think, people like us, who are busy with their daily interesting work, family have time to look at them?
Look, the option is with us which is NOT to look at these stupid websites. None is forcing you to see these websites. So no point in complaining about them. First amendment rights for stupid is like a cigar in the hand of drunk monkey in california jungles (and we keep searching where these wild fires come from?).. so better neglect them and focus on our goal.
We are surely going to reach our goal, no matter what these stupid people say... if you think hard then you will realize then the life's goal is much beyond simply getting EB GC...
lovely comment ..well said.
one who think that others (other people or government) is responsible for their current state and others are the ones who are willing to introspect, make appropriate changes and then succeed. Even a dumb (read "") can figure where they belong to.
An itchy dog needs to get himself rubbed against all possible objects so as to keep that itch in control. These websites are such places where these people go to satisfy their itch. Even the owners of these itchy dogs desert them (read "their god-father politicians") when they start doing this. Do you think, people like us, who are busy with their daily interesting work, family have time to look at them?
Look, the option is with us which is NOT to look at these stupid websites. None is forcing you to see these websites. So no point in complaining about them. First amendment rights for stupid is like a cigar in the hand of drunk monkey in california jungles (and we keep searching where these wild fires come from?).. so better neglect them and focus on our goal.
We are surely going to reach our goal, no matter what these stupid people say... if you think hard then you will realize then the life's goal is much beyond simply getting EB GC...
lovely comment ..well said.
wallpaper 19 of 20. Orlando
god_bless_you
03-15 11:20 AM
http://www.immigrationportal.com/showthread.php?t=207073
raysaikat
07-10 08:50 PM
Hello,
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
2011 orlando bloom and miranda kerr
JunRN
12-18 04:37 PM
I was reading the AC21 memo just few minutes ago. Yes, an Approved I-140 can be reversed and denied on this case:
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
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vsrinir
09-15 12:47 PM
I support this Idea. Let us see how it works.
I will Join in chat
Thanks
I will Join in chat
Thanks
willgetgc2005
10-31 04:16 PM
This This happened to me as well. My AP which was approved in 2005 and has already expired had an LUD today. I have an approved AP in 2006. But my expired 2005 AP had LUD.
In August my I-140 which was approved in 2005 had an LUD. God knows what all this means. My 485 is pending becuase of retrogression.
Hi all
When I checked my email on Saturday I got 10 emails from USCIS.
5 of them for my 485, 5 of them for EAD I applied in 2004.
My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)
Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.
I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.
I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.
Any one got similar emails......
__________________
Thanks
In August my I-140 which was approved in 2005 had an LUD. God knows what all this means. My 485 is pending becuase of retrogression.
Hi all
When I checked my email on Saturday I got 10 emails from USCIS.
5 of them for my 485, 5 of them for EAD I applied in 2004.
My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)
Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.
I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.
I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.
Any one got similar emails......
__________________
Thanks
more...
MyGCPath
10-23 01:51 PM
I have received my Card recently. See my signature for detail information.
I need advice/thoughts from you (Guys/Guru's) on some of the questions below. Any response will be really appreciated.
1. Got my 485 approval and GC (phycical Card) in hand. What is next? Do I need to get a Infopass appointment and get stamped before any abroad travel?
2. Before receiving 485 approval, my wife and kid went on a Vacation(abroad). Their H4 visa expired on passport, but they have h4 extension/approval till 2010? I was thinking of sending them to H4 stamping, but now that I have 485 approval for them, What should I do? Just bring them here and show GC at port of entry? (Ofcourse, I'll take their GC go abroad and bring them back)?
3. Anything i should be aware or concern about these situation?
I need advice/thoughts from you (Guys/Guru's) on some of the questions below. Any response will be really appreciated.
1. Got my 485 approval and GC (phycical Card) in hand. What is next? Do I need to get a Infopass appointment and get stamped before any abroad travel?
2. Before receiving 485 approval, my wife and kid went on a Vacation(abroad). Their H4 visa expired on passport, but they have h4 extension/approval till 2010? I was thinking of sending them to H4 stamping, but now that I have 485 approval for them, What should I do? Just bring them here and show GC at port of entry? (Ofcourse, I'll take their GC go abroad and bring them back)?
3. Anything i should be aware or concern about these situation?
2010 Miranda Kerr amp; Orlando Bloom:
martinvisalaw
02-23 06:04 PM
YHowever, you will need to join company B at some point in time. This is what my company B told me. I believe it is once you file your 485 but I am not sure.
You need to intend to work for the sponsoring employer once permanent residence is approved.
You need to intend to work for the sponsoring employer once permanent residence is approved.
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Sri_
03-18 07:30 AM
kpchal2,
I think you might be aware that Priority date will be present on I-140 Approval Notice. In case if you donot have access to copies of I-140 approval notices, then you may try the following option, provided you atleast know the receipt numbers of the I-140 applications.
Take infopass appointment, and based on your I-140 receipt number, request the officer to let you know the priority date on I-140.
Thanks
Sri_
I think you might be aware that Priority date will be present on I-140 Approval Notice. In case if you donot have access to copies of I-140 approval notices, then you may try the following option, provided you atleast know the receipt numbers of the I-140 applications.
Take infopass appointment, and based on your I-140 receipt number, request the officer to let you know the priority date on I-140.
Thanks
Sri_
hair Miranda Kerr and Orlando
immigrant2007
05-18 07:26 PM
This lawsuit is about the 140000 visas been given out each year and in years 2008 and 2009.
There have been many people who received GCs in 2008 and 2009 in EB2 without regard to Priority number. Check Visa Bulletins from August 2008 and September 2008. People from 2006 were given GCs over 2004 and there was total chaos.
This lawsuit is to bring justice to the last three years of absolute anarchy.
This lawsuit is to bring in line how this 140000 number is distributed. How does processing of I-485s take place in USCIS.
I think Indian EB3 will join shortly.
Why are you stopping at 2007? Issues stared much before that.
Why do you forget the getting details of each and every VISA that was issued between 2003 and 2007 (days of backlog elimination center)? We hae a right to know that. I doubt EB based guys got benefit out of it....I do not think USCIS /DOS will ever reveal those numbers truthfully and even with 50% accuracy....
They just put almost every True Employment based applicant in backlog and gave GCs to 245i....I dont think that was justice. That was manipulation
There have been many people who received GCs in 2008 and 2009 in EB2 without regard to Priority number. Check Visa Bulletins from August 2008 and September 2008. People from 2006 were given GCs over 2004 and there was total chaos.
This lawsuit is to bring justice to the last three years of absolute anarchy.
This lawsuit is to bring in line how this 140000 number is distributed. How does processing of I-485s take place in USCIS.
I think Indian EB3 will join shortly.
Why are you stopping at 2007? Issues stared much before that.
Why do you forget the getting details of each and every VISA that was issued between 2003 and 2007 (days of backlog elimination center)? We hae a right to know that. I doubt EB based guys got benefit out of it....I do not think USCIS /DOS will ever reveal those numbers truthfully and even with 50% accuracy....
They just put almost every True Employment based applicant in backlog and gave GCs to 245i....I dont think that was justice. That was manipulation
more...
nk2006
05-02 12:03 PM
a. If I move now, can I take my 3 yr extension filed by company A with me or
I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.
b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?
I think you can join the company immediately. To be in safe side you can apply for transfer in premium.
As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).
I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.
b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?
I think you can join the company immediately. To be in safe side you can apply for transfer in premium.
As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).
hot Miranda Kerr and Orlando Bloom
starscream
04-30 04:03 PM
did the committee question Greenspan about any issues related to us EB GC issues?
Please update anyone
Please update anyone
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house Orlando Bloom#39;s Seed Continues
nviren
03-07 07:42 PM
Pl. find here some more stuff about DOL/BEC and PERM.
http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html
Looks like BEC is on the radar of govt, but not on the priority.
Note the last line on the page. It says last updated in Jan 2006.
Funny that the DOL gets 42% marks for Program Results/Accountability and 100% marks on program management and 80% on Program Purpose & Design.
Find here some funding figures as well.
http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html
Looks like BEC is on the radar of govt, but not on the priority.
Note the last line on the page. It says last updated in Jan 2006.
Funny that the DOL gets 42% marks for Program Results/Accountability and 100% marks on program management and 80% on Program Purpose & Design.
Find here some funding figures as well.
tattoo Miranda Kerr and Orlando Bloom
priderock
07-20 10:45 AM
I am not sure whether it will fly or not, but I always thought it is a good idea to consider how many years a person is in USA on a legally working status and contributes to Federal,State,local taxes and social security and Medicare , rather than how many years a person has GC.
I am sure laws about citizenship needs amended to facilitate that and I don't think any one has appetite to attempt it or even to think on those lines currently.
PS: Just Came to know yesterday about a person who came here literally 4 months ago bought a LC from 2001 and going to get his GC in months time and I know a friend who is here for a decade is still waiting in PBEC. This process is not fair and never was and so is life :(
I am sure laws about citizenship needs amended to facilitate that and I don't think any one has appetite to attempt it or even to think on those lines currently.
PS: Just Came to know yesterday about a person who came here literally 4 months ago bought a LC from 2001 and going to get his GC in months time and I know a friend who is here for a decade is still waiting in PBEC. This process is not fair and never was and so is life :(
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pictures Orlando Bloom Miranda Kerr
thakkarbhav
11-17 09:17 AM
DMV stopped issuing DL based on EAD card in Virginia. I guess it will be same for TX and other states. You need original I485 receipt to get one year extensiton. EAD no more valid document for extension.
dresses Miranda Kerr, Orlando Bloom
GoneSouth
08-20 01:25 PM
I would just wait out the 6 months for AC21 to kick in, then go to work for a reputable company. There's no need to sign on with a dicey consulting shop once you've got your EAD and AC21 is in play.
Also, I believe the AC21 "same or similar job" constraint is more flexible than you're thinking. As long as you stay within the same o*net category (e.g., programmer or systems analyst or whatever), you should be fine. USCIS doesn't care whether you're a java programmer or a .net programmer. (But I am not a lawyer, you may want to clear any potential new job with a qualified attorney).
Also, I believe the AC21 "same or similar job" constraint is more flexible than you're thinking. As long as you stay within the same o*net category (e.g., programmer or systems analyst or whatever), you should be fine. USCIS doesn't care whether you're a java programmer or a .net programmer. (But I am not a lawyer, you may want to clear any potential new job with a qualified attorney).
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makeup 6 of 20. Orlando
AirWaterandGC
05-08 04:46 PM
I joined last month and started my direct conthly contribution from this month. Go IV !
girlfriend Miranda Kerr and Orlando Bloom
glus
11-06 01:49 PM
Guys,
I wonder if anyone has any info about this.
A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.
I wonder if anyone has any info about this.
A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.
hairstyles Miranda Kerr Arrives In Paris
prdgl
02-12 09:33 PM
Hi,
Will anybody know what kind of issues I will face if I go for EB2 with MS+0or Will it go through fine ? Want to know both for LC and I-140 stage.
Thanks
Will anybody know what kind of issues I will face if I go for EB2 with MS+0or Will it go through fine ? Want to know both for LC and I-140 stage.
Thanks
eb3India
04-26 06:12 PM
Many senators particularly republicans did know that last Year CIR has no chance of getting thru the house, since it was election year they tested water and did a favourable thing mainly to gain latino's vote, However this year is different, Democrats controles house and senate, none of the republicans want to give credit of passing CIR to democrates, McCain backed off as he was running for President and siding on Iraq war is good enough for him to defend popularity contest.
This year entirly depends on Bush administration backdoor negotiation, if he was able to get 70 Republicans there is good chance Nancy Pelocy will table the bill for debate, otherwise we have no chance in hell
This year entirly depends on Bush administration backdoor negotiation, if he was able to get 70 Republicans there is good chance Nancy Pelocy will table the bill for debate, otherwise we have no chance in hell
KKtexas
07-28 11:32 AM
Is there a maximum limit for duration one can stay away from USA and come back on Advance Parole ?
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