prashantc
01-29 10:46 AM
Was this the first time you are coming to USA?
or you went for a visit ? If yes what was ur original status in US..F1 or H1.
I am going for chennai H1B visa on Feb 6....F1 to OPT to H1B...Scared to helll...
Well no this wasnt my first visit to US. I have been on a valid H1B status for past 5 years or so.
or you went for a visit ? If yes what was ur original status in US..F1 or H1.
I am going for chennai H1B visa on Feb 6....F1 to OPT to H1B...Scared to helll...
Well no this wasnt my first visit to US. I have been on a valid H1B status for past 5 years or so.
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logiclife
03-20 02:12 PM
Probably his employer is finding excuses not to file his GC and like his employees on H1B.
Dude, whatever it is, get out of that hole if you cant get GC filed.
1. Line up another job.
2. Go there or else, tell your employer, that "Find a way to file my GC, otherwise HASTALA VISTA baybee...".
3. Choose your option.
Dude, whatever it is, get out of that hole if you cant get GC filed.
1. Line up another job.
2. Go there or else, tell your employer, that "Find a way to file my GC, otherwise HASTALA VISTA baybee...".
3. Choose your option.
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imneedy
02-27 07:02 PM
Exactly.. You apply now.. no way it is going to get approved in time.. substitution approval takes anywhere between 4 months to 1 yr. Most common I heard is 6 months. you try to slide just under the door.. they aren't going to be happy abt it..
Did you hear about premium processing for I-140? Is substitution excluded from this premium process?
Did you hear about premium processing for I-140? Is substitution excluded from this premium process?
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pmb76
07-16 11:15 AM
Friends, Below is one of the comments I got on the petition
444 Sainath Lou Dobbs is a big A..Hole
Such comments only defeat our cause. I understand the frustration and believe me I feel the same way. But at the same time it is important to channel our anger the right way for maximum impact. I am going to delete this comment from the petition so please repost.
444 Sainath Lou Dobbs is a big A..Hole
Such comments only defeat our cause. I understand the frustration and believe me I feel the same way. But at the same time it is important to channel our anger the right way for maximum impact. I am going to delete this comment from the petition so please repost.
more...
vine93
01-05 11:19 AM
Posted my Story too including Buying home and visa recapture.
ilikekilo
05-26 05:01 PM
Salient features of Bill: S.1085
After analyzing this bill, I found the following:
1. This bill will recapture all those unused employment based visas (gcs) from 1997 till 2008 and it will add those recaptured visas to this year's employment based quota.
2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.
3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.
4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.
What makes this bill much more interesting is:
1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.
2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).
Complete Text of this Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:
per this senators site it is 400K approx....
http://gillibrand.senate.gov/newsroom/press/release/?id=CC4C8961-BF60-4182-A3EC-E96BC338EE30
After analyzing this bill, I found the following:
1. This bill will recapture all those unused employment based visas (gcs) from 1997 till 2008 and it will add those recaptured visas to this year's employment based quota.
2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.
3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.
4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.
What makes this bill much more interesting is:
1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.
2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).
Complete Text of this Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:
per this senators site it is 400K approx....
http://gillibrand.senate.gov/newsroom/press/release/?id=CC4C8961-BF60-4182-A3EC-E96BC338EE30
more...
feedfront
08-18 04:00 PM
But, when will my time come to apply?? :confused:
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jamesingham
06-10 01:34 PM
I called them and sent emails to local reps.
Got a question though .
We have these 3 bills in House. Thats fine. But what about Senate. There is only 1 bill in Senate. Should we also persuade some senator to place similar bills there ?
Got a question though .
We have these 3 bills in House. Thats fine. But what about Senate. There is only 1 bill in Senate. Should we also persuade some senator to place similar bills there ?
more...
vactorboy29
06-11 04:26 PM
--> --> --> --> --> --> --> -->
Myself car1 car2 car3 car4 car5 car6 car7
As describe by you above scenario .how come even your fault when car 7 or all other front car come stand still or go below road posted speed. I would argue that car7 is the initiator and reason to disturb traffic not you even if hit from back side and cause ripple effect. I would say car7 is at major fault and you should defend your case and sue all upfront car drivers for not violating traffic rules and causing this much inconvenience.
Myself car1 car2 car3 car4 car5 car6 car7
As describe by you above scenario .how come even your fault when car 7 or all other front car come stand still or go below road posted speed. I would argue that car7 is the initiator and reason to disturb traffic not you even if hit from back side and cause ripple effect. I would say car7 is at major fault and you should defend your case and sue all upfront car drivers for not violating traffic rules and causing this much inconvenience.
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tonyHK12
04-20 06:27 PM
Thanks TonyHK12. I see that so far you have kept it cool here...inspite of some provocations :)
I for one very much appreciate that. Please keep it up. We do have common goals that we can work productively towards.
thanks. something needs to be done about the people following me around and creating provocation at every opportunity, as they say - flaming. I guess it comes from having an inferiority complex.
The moderators are not very active here, having full time jobs
I for one very much appreciate that. Please keep it up. We do have common goals that we can work productively towards.
thanks. something needs to be done about the people following me around and creating provocation at every opportunity, as they say - flaming. I guess it comes from having an inferiority complex.
The moderators are not very active here, having full time jobs
more...
gccovet
06-06 03:10 PM
^
Just finished calling all of them. Was very easy. 9-11 minutes top.
GCCovet
Just finished calling all of them. Was very easy. 9-11 minutes top.
GCCovet
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niklshah
01-30 05:03 PM
voted, its question no. 16 now
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invincibleasian
01-31 12:33 PM
1)all lc's irrelevant of when they were approved have a 45 day life after rule gets published. within 45 days the lc has to be used.
2)Since there is no more substitution all lcs not used by the orignal applicant are dead after 45 days.
3)all substituion applications which do not have approved i140 are also dead at the time the rule is published.
This is what i have inferred and i may be wrong! Anyway no more cutting ahead in the queue or sale of lcs also no use anymore for i140 revoking for the employer!! Cheers for this rule!
2)Since there is no more substitution all lcs not used by the orignal applicant are dead after 45 days.
3)all substituion applications which do not have approved i140 are also dead at the time the rule is published.
This is what i have inferred and i may be wrong! Anyway no more cutting ahead in the queue or sale of lcs also no use anymore for i140 revoking for the employer!! Cheers for this rule!
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caliguy
09-15 06:21 PM
Apologies, if this has been asked.
What is the sequence for using the POJ method for Texas?
Thanks in advance!
What is the sequence for using the POJ method for Texas?
Thanks in advance!
more...
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sobers
02-24 09:29 AM
I'm not sure of exactly what all this contains berkeleybee...this one is so new that's its even not on the Thomas Register.
Talking of our proposed rally March 13, look how proactive even Illegals are...in this case Irish..
--------------------------
Irish Pack Woodside Rally For Immigration Reform
Queens Chronicle ^ | February 23, 2006 | Ron Brownlow
Posted on 02/23/2006 11:56:18 AM PST by Sharks
Rallying under the slogan �No Paddy Left Behind,� about 900 Irish and Irish-Americans packed a town hall meeting in Woodside on immigration reform Friday evening. Speakers urged the audience, many of whom are undocumented immigrants, to call their elected officials in support of the Kennedy-McCain immigration reform bill. Currently before the Senate, the measure would allow undocumented immigrants to remain in the United States and earn a chance to apply for permanent residency. An alternative bill that already passed the House of Representatives would turn the country�s 11 million undocumented immigrants into criminals, subject to arrest by local authorities. �If you are an undocumented immigrant in the United States, at the moment you have two choices: You can either stay put and hide, or you can lose everything you have,� said Kelly Fincham, executive directors of the newly formed Irish Lobby for Immigration Reform, which organized the meeting at St. Mary�s Help of Christians Catholic Church. Fincham urged those in attendance, even ones who cannot vote, to call or e-mail their U.S. senators and representatives and ask them to vote for the Kennedy-McCain bill. �Do you really want your future to be decided behind closed doors in Washington, or do you want to have a voice?� she asked. An early indicator of the success of her group, formed in December, was the attendance of U.S. Sen. Charles Schumer, who received a standing ovation after addressing the Friday meeting. �If we were to cut off immigration in this country within two, three or four generations, we would become a tired, stagnant, stratified society,� he said. New York �is a special place because of immigration and the worst we could do is close the door,� he added. Other speakers at the meeting urged audience members to sign up and bring their friends to a March 8 bus trip to lobby Congress in Washington, D.C. Groups from cities such as Boston will also be bused in. �This is about living a normal life without fear so you can go and enjoy life in the greatest country on earth,� said Naill O�Doud, chairman of the Irish Lobby for Immigration Reform. Congress is expected to pass sweeping immigration reform legislation later this year affecting America�s estimated 11 million undocumented immigrants, of whom around 40,000 are Irish. One version, which already passed the House of Representatives, is an �enforcement only� bill sponsored by Representatives James Sensenbrenner (R-Wis.) and Peter King (R-N.Y.). Known as the Border Protection, Antiterrorism, and Illegal Immigration Control Act, the measure makes it harder for legal permanent residents to become U.S. citizens by allowing government officials to deny naturalization applications based on subjective information or secret evidence. The measure intensifies sanctions against employers who hire undocumented immigrants and requires them to confirm the authenticity of their workers� Social Security numbers. It gives local police the power to enforce immigration laws and penalizes states and cities that protect confidentiality of immigrant crime victims and witnesses. Other provisions would make drunken driving a deportable offense and mandate the construction of five double-layer border fences at a cost of $3.2 million per mile. The Kennedy-McCain bill, known as the Secure America and Orderly Immigration Act, was introduced before the Senate last year by Senators Edward Kennedy (D-Mass.) and John McCain (R-Ariz.). The measure would permit undocumented or �illegal� immigrants currently living in America to obtain work visas for up to six years. They could apply for permanent residency after paying fines, passing a background check and completing a period under a temporary visa. The bill would also create a new path to legal immigration through a temporary worker program. Undocumented Irish immigrants present at the meeting said current laws prevent them from returning home to visit family. They pay taxes, but cannot apply for health insurance or open bank accounts, much less obtain a driver�s license. One had a nursing degree from a local university but could not work as a nurse because she had overstayed her visa. Another told similar stories of friends who had advanced degrees but could only find work as laborers. �You�re nervous all the time. You�re always looking over your shoulder,� he said.
For more information on the March 8 bus trip to Washington, D.C., call (718) 821 4964, e-mail signup@irishlobbyusa.org, or log on at www.irishlobbyusa.org.
Talking of our proposed rally March 13, look how proactive even Illegals are...in this case Irish..
--------------------------
Irish Pack Woodside Rally For Immigration Reform
Queens Chronicle ^ | February 23, 2006 | Ron Brownlow
Posted on 02/23/2006 11:56:18 AM PST by Sharks
Rallying under the slogan �No Paddy Left Behind,� about 900 Irish and Irish-Americans packed a town hall meeting in Woodside on immigration reform Friday evening. Speakers urged the audience, many of whom are undocumented immigrants, to call their elected officials in support of the Kennedy-McCain immigration reform bill. Currently before the Senate, the measure would allow undocumented immigrants to remain in the United States and earn a chance to apply for permanent residency. An alternative bill that already passed the House of Representatives would turn the country�s 11 million undocumented immigrants into criminals, subject to arrest by local authorities. �If you are an undocumented immigrant in the United States, at the moment you have two choices: You can either stay put and hide, or you can lose everything you have,� said Kelly Fincham, executive directors of the newly formed Irish Lobby for Immigration Reform, which organized the meeting at St. Mary�s Help of Christians Catholic Church. Fincham urged those in attendance, even ones who cannot vote, to call or e-mail their U.S. senators and representatives and ask them to vote for the Kennedy-McCain bill. �Do you really want your future to be decided behind closed doors in Washington, or do you want to have a voice?� she asked. An early indicator of the success of her group, formed in December, was the attendance of U.S. Sen. Charles Schumer, who received a standing ovation after addressing the Friday meeting. �If we were to cut off immigration in this country within two, three or four generations, we would become a tired, stagnant, stratified society,� he said. New York �is a special place because of immigration and the worst we could do is close the door,� he added. Other speakers at the meeting urged audience members to sign up and bring their friends to a March 8 bus trip to lobby Congress in Washington, D.C. Groups from cities such as Boston will also be bused in. �This is about living a normal life without fear so you can go and enjoy life in the greatest country on earth,� said Naill O�Doud, chairman of the Irish Lobby for Immigration Reform. Congress is expected to pass sweeping immigration reform legislation later this year affecting America�s estimated 11 million undocumented immigrants, of whom around 40,000 are Irish. One version, which already passed the House of Representatives, is an �enforcement only� bill sponsored by Representatives James Sensenbrenner (R-Wis.) and Peter King (R-N.Y.). Known as the Border Protection, Antiterrorism, and Illegal Immigration Control Act, the measure makes it harder for legal permanent residents to become U.S. citizens by allowing government officials to deny naturalization applications based on subjective information or secret evidence. The measure intensifies sanctions against employers who hire undocumented immigrants and requires them to confirm the authenticity of their workers� Social Security numbers. It gives local police the power to enforce immigration laws and penalizes states and cities that protect confidentiality of immigrant crime victims and witnesses. Other provisions would make drunken driving a deportable offense and mandate the construction of five double-layer border fences at a cost of $3.2 million per mile. The Kennedy-McCain bill, known as the Secure America and Orderly Immigration Act, was introduced before the Senate last year by Senators Edward Kennedy (D-Mass.) and John McCain (R-Ariz.). The measure would permit undocumented or �illegal� immigrants currently living in America to obtain work visas for up to six years. They could apply for permanent residency after paying fines, passing a background check and completing a period under a temporary visa. The bill would also create a new path to legal immigration through a temporary worker program. Undocumented Irish immigrants present at the meeting said current laws prevent them from returning home to visit family. They pay taxes, but cannot apply for health insurance or open bank accounts, much less obtain a driver�s license. One had a nursing degree from a local university but could not work as a nurse because she had overstayed her visa. Another told similar stories of friends who had advanced degrees but could only find work as laborers. �You�re nervous all the time. You�re always looking over your shoulder,� he said.
For more information on the March 8 bus trip to Washington, D.C., call (718) 821 4964, e-mail signup@irishlobbyusa.org, or log on at www.irishlobbyusa.org.
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gc_on_demand
07-09 03:35 PM
Why people are not calling any mroe !!
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desi3933
10-03 12:18 PM
You have a valid point about gctest. But again, there is no way EB2/EB3 gets to port to EB1. If it was so, then it would be a chaos here. Only porting that happens is E3 to EB2 and may be that's why he used EB3 in his post.
......
......
>> there is no way EB2/EB3 gets to port to EB1
Incorrect. PD recapture (aka porting) is allowed between EB1, EB2, and EB3 preference categories.
_________________________________
Proud Indian American and Legal Immigrant
......
......
>> there is no way EB2/EB3 gets to port to EB1
Incorrect. PD recapture (aka porting) is allowed between EB1, EB2, and EB3 preference categories.
_________________________________
Proud Indian American and Legal Immigrant
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chanduv23
03-22 11:21 AM
>> AC21 memo is a real memo.
Wow, what an ignorance. May I ask, what do you mean by "real memo".
Read previous post and get enlightened. I can't believe that you guys even don't have distinctions about law, CFR, and memos.
AC-21 is law.
Hope it helps.
________________
Not a legal advice.
Correct. It is a bill that was signed into a law. Though USCIS follows AC21 in form of Memos, the law is binding and that's why we see that AC21 always works . It cannot be compared to the new h1b memo.
Wow, what an ignorance. May I ask, what do you mean by "real memo".
Read previous post and get enlightened. I can't believe that you guys even don't have distinctions about law, CFR, and memos.
AC-21 is law.
Hope it helps.
________________
Not a legal advice.
Correct. It is a bill that was signed into a law. Though USCIS follows AC21 in form of Memos, the law is binding and that's why we see that AC21 always works . It cannot be compared to the new h1b memo.
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chanduv23
03-22 05:15 PM
AC21 is a law but certain provisions of AC21 have been introduced in separate memos.
Job portability under AC21 is also part of a guidance / memo - so if any AC21 case goes for hearing in an immigration court, any change of employers while 485 is pending is considered illegal. This is not very common though.
Don't assume things and come up with your own theories and scare people. The entire AC21 law is basically dealing with portability at different stages for long delayed applicants.
Job portability under AC21 is also part of a guidance / memo - so if any AC21 case goes for hearing in an immigration court, any change of employers while 485 is pending is considered illegal. This is not very common though.
Don't assume things and come up with your own theories and scare people. The entire AC21 law is basically dealing with portability at different stages for long delayed applicants.
lacrossegc
02-11 01:43 PM
Every one keeps talking of "H1 Transfer" there is no such thing... every time someone files a H1 Petition on your behalf it is a new H1 Petition the only thing that changes is the length of the approval period. The period already used in previous H1b employments is deducted.
Now as far as the I94 and AP, as someone said earlier, when you use AP, you are parolled into the US. Similarly when you apply for H1 you get a new I94 along with the approval notice. This resets your status to H1b with I94 validity set to the length of approval period
Now as far as the I94 and AP, as someone said earlier, when you use AP, you are parolled into the US. Similarly when you apply for H1 you get a new I94 along with the approval notice. This resets your status to H1b with I94 validity set to the length of approval period
chanduv23
01-22 09:43 AM
That is correct. Since H1-B petition is filed by employer, it can only be legally challenged by the employer only. Employee is beneficiary and therefore has very limited legal rights to challenge even if petition is denied.
Now, consider this hypothetical example, on practical note, if an employer files a legal suit, the employer must be able to defend his H1-B obligations for all its employees. That includes paying H1-B wages on "bench", H1-B worker working on sites specified by LCA, reporting to USCIS when H1-B worker resigns or is fired. This could be problematic for many small-time job-shops (aka body-shoppers).
________________
Not a legal advice.
Lets not assume we know all legal stuff.
Defining employer - employee relationship is different from abuse and we cannot relate these two.
I do agree that to challenge the law rightfully, one has to have credibility.
Now, consider this hypothetical example, on practical note, if an employer files a legal suit, the employer must be able to defend his H1-B obligations for all its employees. That includes paying H1-B wages on "bench", H1-B worker working on sites specified by LCA, reporting to USCIS when H1-B worker resigns or is fired. This could be problematic for many small-time job-shops (aka body-shoppers).
________________
Not a legal advice.
Lets not assume we know all legal stuff.
Defining employer - employee relationship is different from abuse and we cannot relate these two.
I do agree that to challenge the law rightfully, one has to have credibility.
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