Thursday, 1 December 2011

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i4u
04-26 10:25 AM
Hi,

I am currently on L1B visa since Mar09, another employer is offering for my h1b visa. I have below queries for l1 to h1 conversion process :

1) How much time I can stay on H1 if I apply H1b now ? My total stay in US on L1 is 1 year 7 months, not a continuous one !!!
2) What are the good options/approach to file for H1 considering the fact that I want work with current employer on L1B for current project ?
3) Can I apply for H1 now and later do COS any time after October ?If yes, what is the max time before I need to do COS after H1 approval ?
4) How about if my current project completes before oct 1st and I have already applied for h1 ?

Kindly help me for above questions, would appreciate your help.

Thanks in advance.

Your current employer or new employer has to file the H1, and it will be subject to H1B cap; Processing times for COS petitions vary between 2-4 months.

Take advice from a lawyer for specific details. Check out the IV wikki pages
L1 Visa - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/L1_Visa)





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gc28262
06-10 11:06 PM
"THEY CAME FIRST for the Communists,
and I didn't speak up because I wasn't a Communist.

THEN THEY CAME for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.

THEN THEY CAME for the Jews,
and I didn't speak up because I wasn't a Jew.

THEN THEY CAME for me
and by that time no one was left to speak up."

http://en.wikipedia.org/wiki/First_they_came...





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amsgc
04-24 10:43 PM
Congrats and good luck to you guys!

It looks like USCIS is picking up some speed now. shows many cases approved in EB2-I in April'08. Hopefully all cases with PD before Jan'04 will be flushed out.





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abc
11-17 12:34 PM
How long can we keep our career on hold..

I have decided to switch with a better job and restart with PERM. Anyway, EB3/2003 PD is no GOLD.

Even if some law gets passed in 2007. With new EB2, I will get GC may be max 1/2 years later.

What do you think?



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alterego
07-18 05:30 PM
Looking at these figures and trying to read the tea leaves for the upcoming year is what this thread is really about. A noble if useless pursuit.
There are some visas left for this year and most will go to EB2 India and China.

The USCIS has decided to give EB2I better attention that it has got for the last year or two. About time to be honest.
However that attention will not be at the expense of EB3I. If anything it will be EB3ROW that may feel some impact. EB3ROW is oversubscribed too. Clearly not as bad as EB3I but oversubscribed nevertheless, the VB in Oct. will reflect this. If any EB3ROW feel aggrieved by all this, he/she is free to jump above EB2I in the pecking order by merely stepping up to EB2ROW. Fair is fair and Eb2I should accept that.
EB1 and EB2ROW are the real red herring in all this. Those numbers have fluctuated quite wildly in the last 5-6 yrs as one can see from the charts in this thread. The number of applicants in those categories more than anything else will be the determining factor in the progress of Eb2I in the upcoming year. Given the slowing economy, the free access EB1 and Eb2ROW have had of late and the slowdown of 140 processing etc. I think that EB2I movement prospects look fair, but not bankable given the above issues. However the number of EB2 approvals seem set to be higher next year than for the last 2-3 yrs.





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alterego
07-13 09:28 AM
I don't agree. It will stay same or forward in small increments with new fiscal yr numbers available. I am saying so because EB2 I stayed for such long at 04/07 and everyone knows fewer LCs were filed/approved between 04 and 05.

Keep in mind two things. Many, quite possibly most of the July VB fiasco filed 485s have not been processed yet, Eb2 or EB3 India. There have been more recently (in the past couple of months) but still not most. A good number of those filers had earlier PDs.
The quarterly statutory quota for EB2 I or C is so puny (something like 700 visas) that any movement would almost entirely be dependent on the Eb1 and EB2ROW overflow. That is why I feel, once this next two months pass, we will see dates back in 2004 for EB2. Maybe not quite back in April, but sometime in the middle to later 2004. However we could see PDs move at a healthy clip for EB2 I and C next year. It will take most of next years overflow to clear up the EB2 backlog in my view.



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reddymjm
08-10 01:51 PM
I am in for it.





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johnamit
07-18 09:14 AM
some applications have already been rejected, mostly on July 2nd but a very few.

USCIS did not say that they will return the application and they should be refilled.

With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.

Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.

It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.

My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.



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gckp
08-14 10:04 PM
I guess nobody is waiting for it now....





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peer123
07-13 09:20 AM
Agree, she is just trying to cash on the momentum and probalby later claim credit if favorable changes are made. But , it should not bother us as it only going to help us and not hurt us.

I agree with you,... Lets accept it. Nothing is FREE in this world...

There is something called corporate alignment in every aspect of the business. She doing it - if it helps her as well as us. So be it.

we should be able to combine all forces and go at it....



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qualified_trash
12-27 07:02 AM
Let us consider this in the context of what happened in this country on 9/11. Almost all of these rules were implemented post 9/11. There is no use crying over this. IMHO, we are paying the price for someone else's mistakes.

We should just concentrate on legislative relief and in the interim, follow the law to the letter so when we do speak to the Senate/Congress, our position as a group should be above reproach.

As for home loans, Ameriquest gave me a great rate and had me pre-approved in no time.........

Airlines: fly direct to India/China/Japan/Philippines etc. it is a lot easier on kids as well (if you have kids :-))

And finally, it is good to see a bunch of new members on the forum :-)





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knacath
10-31 09:14 PM
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pyaradesi
02-06 07:30 AM
Kudos to Team IV for keeping the flame alive even in such a situation. If anybody noticed, IV is probably the only organization making any noise about us EB folks right now.
Pappu and core team, awesome job, please continue with the efforts. I had a few ideas:
1. Can we highlight past distinguished immigrants who have come thru the EB channel.
2. The core team, can you please tell, is it realistic to expect congress to view EB separately from CIR?
3. A lot of us here, have American managers, who would in all probability vouch for us and highlight why they want us to get a GC. We could even quantify this in dollar amounts. Can we highlight this?
4. A flash went off in my head when I read about a march to DC, do you remember the Civil rights movement, Dr Martin Luther King Jr, can we use this great man for inspiration? After all, though our cause may not be even close to what African American suffered, there are parallels.
5. Can we take some airtime on tv/radio to highlight H1bs? Is it a good idea? Maybe tech magazines ads?
6. Compile a list of Congress man/women, Senators nationwide, their stance on EB quota removal, this will help us quantitatively identify where we stand.
7. Folks, we are in a very tough adversarial situation, let us not forget that 40 od years back, if not for Civil rights movement, we would not be here.
9. Are there any celebrities who would/could support our cause? Hollywood, u never know we may have support from the most unlikely places.

This apart, a question to the Gurus, is the DOS visa bulletin based on DOL labors filed for that month? Does DOS confer with DOL to see how many labor certs were filed for the next month to come up with the visa bulletin? If this is the case, the visa bulletin may move at a good pace this year and next, please correct if wrong.

IV Core team, please lead the way, even if there may not be 100% consensus.





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Legal
07-04 07:58 PM
EXCELLENT ANALYSIS. STILL THERE ARE PROBLEMS.

The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July.

1. ARE YOU SURE THIS NUMBER IS ACCURATE? 700K? SEEMS TO BE EXAGGERATED.


When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card.

2.IF THESE 40K WERE OTHERWISE QULAIFIED WHY WERE THEY SITTING ON THEM UNTIL MID-JUNE ....TO START WITH? IF THEY WERE SO EAGER TO FOLLOW THE OMBUDSMAN'S GUIDELINES WHY WERE THEY SO SLOW IN USING UP THE VISA NUMBERS UNTIL MID JUNE?

However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.

3.MORE PRECISE DESCRIPTION WOULD BE THEY WERE COMPLETELY RECKLESS..GIVE A S+I& ABOUT HOW MUCH THEIR ACTIONS AFFECT THE CUSTOMERS.


For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bullet. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

4.OK..... WHICH PART OF THIS AFFECTED THE STAFF AT USCIS... THE FACT THAT MANY OF US WILL ONLY HAVE EAD FOR 10 YRS OR THE FACT THAT MORE EAD RENEWALS MEANS MORE CUMBERSOME WORK FOR THEM? I'M AFRAID IT IS THE LATER.

Now, they used all 140K visas this year.

5.AREN'T THEY REQUIRED BY LAW TO SPREAD THE NUMBERS FOR EACH QUARTER? DON'T THEY HAVE LIMITATIONS ON HOW MUCH THEY CAN USE FOR EACH MONTH ETC?

The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.

6.I AGREE. THIS COULD BE THE ONLY >POTENTIAL <SILVER LINING. HOWEVER, OPPONENTS WHO FOUGHT THE PREVIOUS LEGISLATIONS IN FAVOR OF US WON'T LET IT HAPPEN THAT EASILY.

THERE IS NO OTHER CHOICE OTHER THAN TRYING..



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go_gc_way
01-01 10:44 PM
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desi3933
03-09 12:49 PM
by the way shusterman predicted ROW will retrogress in his blog found at shusterman.com there was also an IV post about this (abbout somethin like shusterman got a call from clinton or something)..........

so what happened to the quareterly spill over ???????????

spillover happens only when there are more EB based visas available than the number actually issued in the last quarter,

People who don't believe the slow movement should get reality check done.



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glus
09-19 11:02 AM
This must be done. Also, we could include flags of all the member nationalities, to show this website is an international one. So if we have members from 20 different countries, this should be clearly shown. Guys, the problem is not only for indians, it is also for the others like me.

G





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desi3933
07-09 04:23 PM
In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said.

"not entirely completed" = INCOMPLETE

I think this should count for 100%.

http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin

You chose to ignore this from your post
when we were certain the process will be completed very shortly

certain = 100%

You are reading what you want to read.


__________________
Not a legal advice.





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return_to_india
05-26 09:42 PM
..... theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?

.....

I carry my GC, passport etc even if i get out of my house to my lawn.
I also stick them to my body in a water resistant package when i dive into a swimming pool, in case a immigration nut lay waiting there. Law is law. Why can't they collect my finger print/iris scan and determine status ?





chmur
09-11 09:44 AM
The actual backlog at beginning of 2010 is 200K (pending I-485) + all EB2 I/C and EB3 waiting to file I-485 from 2007-2010. The no of folks in EB2I/C and EB3 ROW from 2007-2010 will be about 80-100K. So instead of 2-3 years , overflow will start reaching EB3 in ~ 5 years.

Yes @the beginning of 2010 - 200 K . Now ~@160 K. The flood gates will not open at least for another year. Just like 2009-210, 2010-11 will see significant reduction in backlog , so next year at this time we may be @120 range. That's when it is very close to EB3-I.

Now problem with your analysis is you assume that USCIS will open the flood gates and make EB2-I current letting in all the applications from 2007 -2010 in one shot. That is questionable, especially since they got burnt in 2007 . They will gradually open the gates . And 70-80 K EB2 and EB3-ROW applications between 2007 -2010 sounds little high.

So I do think we will start burning the Eb3-I backlog with 2-3 years, by 5 years all categories will be current.

And one thing that has not got enough press here is , how the EB3-ROW has got significant overflow in the last two months though EB2- I/C are no where near current. Per common understanding , they should not get a single overflow till EB2 is current .

Street Justice ??





reachinus
02-17 07:07 PM
I have 16000 us airways miles in 2 accounts.



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