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meridiani.planum
03-14 12:26 PM
It would be great if USCIS clarifies on interim EAD and what the applicant can do if a EAD application remain in pending status.
there are no Interm EADs (stopped almost 2 years ago) and if the EAD is pending, then you need to stop working once your old EAD expires.
there are no Interm EADs (stopped almost 2 years ago) and if the EAD is pending, then you need to stop working once your old EAD expires.
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sunnymit
07-13 03:44 PM
Same boat as you! Legally in this country for more than 11 years! Hope they approve on time. Debating whether to extend the EAD or wait for the card
I wouldn't think of not renewing my EAD if I were you. Of course I don't know your case details, but if your EAD is expiring anytime soon, just renew it. Its worth the $380 or so you will have to shell out. Not to dishearten you (or myself) but I know someone who has been waiting to get a GC and he has a PD of Jun 2001. u never know how long it might take...
I wouldn't think of not renewing my EAD if I were you. Of course I don't know your case details, but if your EAD is expiring anytime soon, just renew it. Its worth the $380 or so you will have to shell out. Not to dishearten you (or myself) but I know someone who has been waiting to get a GC and he has a PD of Jun 2001. u never know how long it might take...
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xyzgc
01-18 12:53 PM
I agree that with apinto and gooblywoobly that risk assessment should be done by everybody. risk calculation can be best be approximate. But most people paint the best case and leave it there in order to enjoy material comforts.
prioritydate and ajay, I didn't give you reds.
When the adversity strikes, people write long stories without a moral at the end. The moral of the story is don't sign up for heavy loans and mortgages, when you are a temp . That's not your venture (risk) capital that you can just burn up like startups did in the silicon valley and ruined it.
Yes, immigration sucks but this is not a moral of the present story. If you make a film like that,where you are skating on thin ice, folks will laugh at you. Make a better film which says you can't buy a house or invest here, even if you can afford it and you cannot accept job promotions or change jobs due to restrictive immigration policies.
And yes, if you leave your cars and your houses behind and run off to home country with your tails between your asses, you deserve to be extradited and put behind bars. You know why. My companies has high paying financial institutions as its customers. They have slashed their IT budgets due to folks like you (loan defaulters) and now I find myself going several rounds of layoffs, despite no fault of mine. Its making me loose my sleep.:mad:
prioritydate and ajay, I didn't give you reds.
When the adversity strikes, people write long stories without a moral at the end. The moral of the story is don't sign up for heavy loans and mortgages, when you are a temp . That's not your venture (risk) capital that you can just burn up like startups did in the silicon valley and ruined it.
Yes, immigration sucks but this is not a moral of the present story. If you make a film like that,where you are skating on thin ice, folks will laugh at you. Make a better film which says you can't buy a house or invest here, even if you can afford it and you cannot accept job promotions or change jobs due to restrictive immigration policies.
And yes, if you leave your cars and your houses behind and run off to home country with your tails between your asses, you deserve to be extradited and put behind bars. You know why. My companies has high paying financial institutions as its customers. They have slashed their IT budgets due to folks like you (loan defaulters) and now I find myself going several rounds of layoffs, despite no fault of mine. Its making me loose my sleep.:mad:
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ItIsNotFunny
10-15 12:10 PM
do that and as a backlash, the PDs will go back to 1800! after that even if u send the whole garden they won't be current again:D
If Gandhi would have thought the same way!
We must protest and it has to be a unified process. Last time we were really successful. It was one of the factors why they allowed everyone to file EAD - partial independence. Take it positive.
If Gandhi would have thought the same way!
We must protest and it has to be a unified process. Last time we were really successful. It was one of the factors why they allowed everyone to file EAD - partial independence. Take it positive.
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Guest007
12-12 05:11 PM
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desi3933
02-11 07:03 PM
Dude,
Calm down, PresidenO gave you good comment and you got carried away thinking that President Obama praise you. Just vent your frustration somewhere else.
PresidentO,
I saw your past comment and it seems like you have an Attitude problem.
If something your are not agree or disagree that's fine but there is now way to go this far.
Great!!
Now you have come down to personal attacks while conveniently chosen not to reply to this. Did you read that pdf document and if so, show me where you see 13,000 unused numbers?
Go for facts, not for fictional stories.
Read this
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
and tell us, where do you see 13,000 unused numbers?
Calm down, PresidenO gave you good comment and you got carried away thinking that President Obama praise you. Just vent your frustration somewhere else.
PresidentO,
I saw your past comment and it seems like you have an Attitude problem.
If something your are not agree or disagree that's fine but there is now way to go this far.
Great!!
Now you have come down to personal attacks while conveniently chosen not to reply to this. Did you read that pdf document and if so, show me where you see 13,000 unused numbers?
Go for facts, not for fictional stories.
Read this
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
and tell us, where do you see 13,000 unused numbers?
more...
justin bieber ugly face.
485InDreams
09-26 10:09 AM
Guys...
Mail them a simple clean mail...Also, lets don't give publicity about Anti-Immigrants to CNN guys...
Mail them a simple clean mail...Also, lets don't give publicity about Anti-Immigrants to CNN guys...
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BharatPremi
03-17 01:33 PM
1) Labor Substitution
2) Long EB3 queue and thus switching to EB2
3) Not geeting PBEC/DBEC labor approval for avg 4 to 6 years
4) I-140 approval queue
5) Name Check queue
6) Bogus multiple filings filing (To take a chance people pursue multiple
filings. This generally is done through desi
companies. In general one valid filing and other
is worked out for rainy days)
7) Vaild multiple filings ( Example: Husband and wife both on H1. One file with
husband as principal applicant and other is with Wife
a principal applicant)
8) You have current PD but your RD is not current. And when your RD becomes current PD does not remain current
All have played their parts for keeping us at where we are right now. But if you want to curse you may curse only to the lot in no:1 (Curse target: applicants) and 2 to 5 & 8 (Curse target: USCIS)... Otherwise all other
streams flourished out of frustration or manipulataive calculation to have security net.
2) Long EB3 queue and thus switching to EB2
3) Not geeting PBEC/DBEC labor approval for avg 4 to 6 years
4) I-140 approval queue
5) Name Check queue
6) Bogus multiple filings filing (To take a chance people pursue multiple
filings. This generally is done through desi
companies. In general one valid filing and other
is worked out for rainy days)
7) Vaild multiple filings ( Example: Husband and wife both on H1. One file with
husband as principal applicant and other is with Wife
a principal applicant)
8) You have current PD but your RD is not current. And when your RD becomes current PD does not remain current
All have played their parts for keeping us at where we are right now. But if you want to curse you may curse only to the lot in no:1 (Curse target: applicants) and 2 to 5 & 8 (Curse target: USCIS)... Otherwise all other
streams flourished out of frustration or manipulataive calculation to have security net.
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Justin Bieber…Is gay?
nomi
12-13 01:24 PM
All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.
- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.
Hope this explains this topic. Thanks
Thanks Pappu for explaination. Look like this door is already close. Well let me know if I can do anything to help.
- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.
Hope this explains this topic. Thanks
Thanks Pappu for explaination. Look like this door is already close. Well let me know if I can do anything to help.
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TeddyKoochu
09-10 01:17 PM
where is this 120k EB2I and C coming up from, those who haven't filed 485 yet? So you are expecting another july 2007 making all EB2 Current.
Here is a brief calculation of EB2 Demand till date (Today's Date)
The total demand till date is ~ 120K which is
Demand up to Aug 2007 = 45K
Sep 2007 to Dec 2008 = 16 * 2.5K Perm Month = 40K
Jan 2009 to Oct 2010 = 22 * 1.5K per month = 33K
New PD porting after Aug 2007 (Current Eb3 Inventory is 60K till Aug 2007) = 10K
Total 45 + 40 + 33 + 10 = 128K. This may be inflated but it is atleast 120K.
By giving these numbers I don’t mean to scare anybody but it’s better to have a tryst with true reality rather than be ignorant. It is better to have an understanding of the backlog rather than feeling bad VB after VB, nothing will change soon because the backlog is so huge.
If you look at the numbers it is very unlikely that EB2 will literally become current any time soon, the end of the pre-adjudicated numbers is just a tipping point and when this happens anything could happen 1) Make dates current (I personally welcome that atleast everybody gets a chance to file for I485) 2) Keep accepting applications in a controlled manner so as to approve in quarter or year. 3) Grant spillover to EB3 ROW (EB3 ROW backlog is so huge like EB2 - I in the same range 100-120K that the spillover will disappear in no time, also note that EB3 ROW incremental demand is much higher than EB2 ROW). If you look at EB2 ROW for last year they were current for the whole year but approvals came from 2007. Its the agencies discretion really how they want to control and regulate the demand and honor the INA and the distribution rules. I believe that what may happen when EB2-I/C preadjudicated numbers get exhausted is Option # 2) Keep accepting applications in a controlled manner so as to approve in quarter or year because this is what happened for EB2 ROW; again this is my personal guess / assumption. Also those who have not been able to file for I485 cannot be kept in a endless denial with the preadjudicated numbers exhausted I think the chance will come for EB2 friends.
The spillover is a happening of the present time when the economy is bad, the moment this changes everything will disappear and there will be no difference between EB2 and EB3 if you belong to a retrogressed country we will all be at 3K Per annum and EB5 contribution if any will be consumed by PD porting which will increase manifold as EB3-I folks waiting for 10 years is simply unacceptable, currently there a 60K folks here just till 2007. I strongly favor porting waiting for 10 years is unacceptable. Also being without EAD / AP is very hard, great that we have a IV campaign initiated for this the efforts in this direction are laudable. Actually as Pappu, Admin2 and others have been saying EB3-EB2 even though may be relevant now is actually meaningless this is relevant only in this temporary phase of time fighting on these lines will not help to attain any objective rather it will kill chances of EB3 friends with later PD to port. The biggest issue is the per country limits which equate talent pools like India and China and give them the same cap as countries which have 1/1000th population, if they cannot be eliminated atleast should be proportionate to population for larger countries and be at 7% for the smaller ones. PS - I have nothing personal against ROW friends.
Here is a brief calculation of EB2 Demand till date (Today's Date)
The total demand till date is ~ 120K which is
Demand up to Aug 2007 = 45K
Sep 2007 to Dec 2008 = 16 * 2.5K Perm Month = 40K
Jan 2009 to Oct 2010 = 22 * 1.5K per month = 33K
New PD porting after Aug 2007 (Current Eb3 Inventory is 60K till Aug 2007) = 10K
Total 45 + 40 + 33 + 10 = 128K. This may be inflated but it is atleast 120K.
By giving these numbers I don’t mean to scare anybody but it’s better to have a tryst with true reality rather than be ignorant. It is better to have an understanding of the backlog rather than feeling bad VB after VB, nothing will change soon because the backlog is so huge.
If you look at the numbers it is very unlikely that EB2 will literally become current any time soon, the end of the pre-adjudicated numbers is just a tipping point and when this happens anything could happen 1) Make dates current (I personally welcome that atleast everybody gets a chance to file for I485) 2) Keep accepting applications in a controlled manner so as to approve in quarter or year. 3) Grant spillover to EB3 ROW (EB3 ROW backlog is so huge like EB2 - I in the same range 100-120K that the spillover will disappear in no time, also note that EB3 ROW incremental demand is much higher than EB2 ROW). If you look at EB2 ROW for last year they were current for the whole year but approvals came from 2007. Its the agencies discretion really how they want to control and regulate the demand and honor the INA and the distribution rules. I believe that what may happen when EB2-I/C preadjudicated numbers get exhausted is Option # 2) Keep accepting applications in a controlled manner so as to approve in quarter or year because this is what happened for EB2 ROW; again this is my personal guess / assumption. Also those who have not been able to file for I485 cannot be kept in a endless denial with the preadjudicated numbers exhausted I think the chance will come for EB2 friends.
The spillover is a happening of the present time when the economy is bad, the moment this changes everything will disappear and there will be no difference between EB2 and EB3 if you belong to a retrogressed country we will all be at 3K Per annum and EB5 contribution if any will be consumed by PD porting which will increase manifold as EB3-I folks waiting for 10 years is simply unacceptable, currently there a 60K folks here just till 2007. I strongly favor porting waiting for 10 years is unacceptable. Also being without EAD / AP is very hard, great that we have a IV campaign initiated for this the efforts in this direction are laudable. Actually as Pappu, Admin2 and others have been saying EB3-EB2 even though may be relevant now is actually meaningless this is relevant only in this temporary phase of time fighting on these lines will not help to attain any objective rather it will kill chances of EB3 friends with later PD to port. The biggest issue is the per country limits which equate talent pools like India and China and give them the same cap as countries which have 1/1000th population, if they cannot be eliminated atleast should be proportionate to population for larger countries and be at 7% for the smaller ones. PS - I have nothing personal against ROW friends.
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perm2gc
12-28 05:35 PM
Guys. Let all of us give a new year gift to our core team by posting about IV in all the forums which we have access.It won't cost you a penny but a 15 minutes of your time.I know everyone are busy but 15 minutes is not too much to spend for guys who are working hard for our cause.I know many people are silently browsing the thread than the people who are posting .Guys don't be behind the doors all the times.You have to come out sometimes and this is the time for you to show little respect to the core team.
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texcan
01-22 09:29 PM
I tell you what! There is nothing positive about having a green card. I have a green card and I don't see any difference. Same old stuff, except that I didn't gave my finger prints on my last visit abroad. I think they are extended that finger printing mechanism to green card holders too, so nothing special.
Thanks for enlightenment about GC. See if GC makes no difference at all , then we have to start living life right away. Otherwise when we get GC it will be a small burst of happiness ( as other have mentioned), and then same misery again.
Thanks for enlightenment about GC. See if GC makes no difference at all , then we have to start living life right away. Otherwise when we get GC it will be a small burst of happiness ( as other have mentioned), and then same misery again.
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feedfront
09-17 03:37 PM
When they issue RFE, does the case status online shows Card/Document production?.
My online status still shows 'Request For Evidence'. In one way, it is less disturbing than yours. Good Luck!
My online status still shows 'Request For Evidence'. In one way, it is less disturbing than yours. Good Luck!
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pbojja
03-10 03:03 PM
If you feel good by giving red then pls do it, but that doesn't change what's coming in your way.
This is turning out to be TRUE.
Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.
They will do what ever They want to do ..They will take decssions based on them .. They may spill ..They may not spill ...They may suffer ..They may not suffer ..They may left over ..They may not left over ..
Where They can be DOS,USCIS,Applicant or Numbers
This is turning out to be TRUE.
Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.
They will do what ever They want to do ..They will take decssions based on them .. They may spill ..They may not spill ...They may suffer ..They may not suffer ..They may left over ..They may not left over ..
Where They can be DOS,USCIS,Applicant or Numbers
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shreekhand
07-04 10:28 PM
A nicely presented opinion by Ramba, but there are obvious flaws in the anaylsis. Here are my observations
1.) The contention that they followed the recommendations of the Omb report and went back to pre-1982 method cannot be true. They cannot follow that without violating 8 USC Section 1255 (b) which clearly states that a visa number is reduced AFTER the approval of the I-485.
2.)There were 40K visas remaining at the time of the Jun 13 bulletin according to AILA. The 60K number as per DoS might have been from end of May. We most note the fact from the CIS I-485 Standard Operating Procedure that when a petition is "documentarily qualified and approvable" a request is made for a visa number, if such number is not available that petition is put into a approved pending availability of visa number list. This makes it amply clear that the CIS knew the exact number of approvable petitions.(might be ~40-60K) The DoS might also have known that.
3.) So what happened ? Looks like the DoS did not expect the CIS to get those petitions quickly from storage, assign a visa number, stamp and sign petitions with the speed that CIS did it with. As a matter of fact, we can clearly deduce from inquiries made my petitioners in the month of May that soon after the June bulletin was released in May, the petitioners were informed by IO's that their files are now been retrieved and have been assigned to officers for approval in June !
4.) This shows that the CIS swift approval (i.e retrieval, assigning visa #, stamp, signature) activity especially the retrieval part did not start on June 1, or June 13 but well before in mid May if not earlier.
5.) Now maybe they assigned the visa #'s to the approvable petitions (in line with the law) already but they are still going on with the stamp, signature part (as evidenced by people receiving approvals e-mails even on July 2nd and 3rd.. and other forums)
6.) Suspension of PPS at NSC and TSC -- Now why should that happen ?
If they have already used up the EB quota one would ask that much amount of man hours are now free isn't it !!?
But the above points might show us that they might need it to simply finish off the paperwork of the approvable petitions in the month of July. Remember signing off on 40K+ petitions is not a 1 month job, but just assigning visa numbers might be. It is very certain to me that we will see approvals well within July!
Loose ends:
1.) What baffles though is the allocation of all visa numbers before the last quarter of FY 07 ! Maybe there is loophole there that allowed them to do so.
2.) How did visa number for EB1 for a top scientist from say an undersubscribed country such as Ukraine also get used up ??!
1.) The contention that they followed the recommendations of the Omb report and went back to pre-1982 method cannot be true. They cannot follow that without violating 8 USC Section 1255 (b) which clearly states that a visa number is reduced AFTER the approval of the I-485.
2.)There were 40K visas remaining at the time of the Jun 13 bulletin according to AILA. The 60K number as per DoS might have been from end of May. We most note the fact from the CIS I-485 Standard Operating Procedure that when a petition is "documentarily qualified and approvable" a request is made for a visa number, if such number is not available that petition is put into a approved pending availability of visa number list. This makes it amply clear that the CIS knew the exact number of approvable petitions.(might be ~40-60K) The DoS might also have known that.
3.) So what happened ? Looks like the DoS did not expect the CIS to get those petitions quickly from storage, assign a visa number, stamp and sign petitions with the speed that CIS did it with. As a matter of fact, we can clearly deduce from inquiries made my petitioners in the month of May that soon after the June bulletin was released in May, the petitioners were informed by IO's that their files are now been retrieved and have been assigned to officers for approval in June !
4.) This shows that the CIS swift approval (i.e retrieval, assigning visa #, stamp, signature) activity especially the retrieval part did not start on June 1, or June 13 but well before in mid May if not earlier.
5.) Now maybe they assigned the visa #'s to the approvable petitions (in line with the law) already but they are still going on with the stamp, signature part (as evidenced by people receiving approvals e-mails even on July 2nd and 3rd.. and other forums)
6.) Suspension of PPS at NSC and TSC -- Now why should that happen ?
If they have already used up the EB quota one would ask that much amount of man hours are now free isn't it !!?
But the above points might show us that they might need it to simply finish off the paperwork of the approvable petitions in the month of July. Remember signing off on 40K+ petitions is not a 1 month job, but just assigning visa numbers might be. It is very certain to me that we will see approvals well within July!
Loose ends:
1.) What baffles though is the allocation of all visa numbers before the last quarter of FY 07 ! Maybe there is loophole there that allowed them to do so.
2.) How did visa number for EB1 for a top scientist from say an undersubscribed country such as Ukraine also get used up ??!
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pitha
06-30 09:30 PM
my attorney says even if you send it today to be delivered on Monday July 2 USCIS might also reject cases delivered on july 2, if visa bulleten is revised on july 2. does anybody have any idea what USCIS did for others workers category, did they reject cases filed after June 5 or reject from June 5 itself (I believe June 5 was the date when DOS said they retrogressed)
My company has just told all employees that became current and were planning on filing in July that the historical revision is VERY likely to happen on Monday or Tuesday. If you have the I-485 documents in your hand SEND THEM NOW!
If not (my case, my lawyer is still getting them ready), hold tight and see what happens. I swear that if USCIS screws me (and thousands more) next week I will join a class-action lawsuit against USCIS. This is outrageous, I couldn't believe the news when I heard it. I just hope it's wrong but even Murphy's site says it's 95-98% likely.
Our stress, frustration, wasted time and money will cost them dearly if they attempt this travesty.
My company has just told all employees that became current and were planning on filing in July that the historical revision is VERY likely to happen on Monday or Tuesday. If you have the I-485 documents in your hand SEND THEM NOW!
If not (my case, my lawyer is still getting them ready), hold tight and see what happens. I swear that if USCIS screws me (and thousands more) next week I will join a class-action lawsuit against USCIS. This is outrageous, I couldn't believe the news when I heard it. I just hope it's wrong but even Murphy's site says it's 95-98% likely.
Our stress, frustration, wasted time and money will cost them dearly if they attempt this travesty.
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bheemi123
10-03 01:29 PM
I am on L1A visa with Company A & the I-94 was valid till September 10, 2007.
Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
I have few question
1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.
i did exactly like you..
Only thing need you to do is u can be with l1 with current company until nov 15th after that..u can work for h1b company..but remember if u want to continue to work for company A forever means not going to use h1b ..then u have to leave the country and then enter the country on l1 visa....if u want to use h1b in nov then it is fine to work with l1...i did that ..and had visa stamps 2 times afterwards...there were no problems...
Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
I have few question
1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.
i did exactly like you..
Only thing need you to do is u can be with l1 with current company until nov 15th after that..u can work for h1b company..but remember if u want to continue to work for company A forever means not going to use h1b ..then u have to leave the country and then enter the country on l1 visa....if u want to use h1b in nov then it is fine to work with l1...i did that ..and had visa stamps 2 times afterwards...there were no problems...
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am4gc
09-26 10:49 AM
Dear Editor and Eilene Zimmerman,
Your statement as following has put the marching on capital hill in wrong context:
"Charnock is one of a groundswell of entrepreneurs and advocates for immigrants who say Congress needs to raise the cap on H-1B visas to help the economy. Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill. "
Marching on Capitol Hill mentioned in the article is NOT about increase of H1B but to request congress to fix the legal immigration system through which these H1B high skilled workers who come to USA in a temporary status become permanent. This is called green card process. Currently to become permanently employed in USA takes 6-12 years for these H1B high skilled workers. This makes their life status probationary as they have to go through various governmental procedures to maintain their status, travel abroad.
Green card process has proved that no US worker is available for the job these high skilled workers do. After proving this, it may take 6-12 years to become permanent worker because per year per country quota. About 50-60% of these workers come from India, China because these two countries possess 40% of world population. So naturally lot of talented people will come from there. Now if we make a quota saying only 14 % will come from these two countries, naturally there will be delay for the worker from these two countries. We demand these per country quota be removed from these high skilled workers’s green card process.
Per year quota of Green card is generally less than the number of high skilled worker apply for green card. Last 3-4 years this quota is not fully utilized because of slowness in process due 9/11 incident. So there are about 60,000 unused visas which were supposed to be available from the quota to these workers. According to law, this unused visa cannot be available. This also increases the wait time.
When these high skilled workers comes to USA under H1B program, their spouse and children are NOT counted for the quota, but when they apply green card, their spouse and children are counted for the quota, resulting huge queue.
Thanks,
XXX
Your statement as following has put the marching on capital hill in wrong context:
"Charnock is one of a groundswell of entrepreneurs and advocates for immigrants who say Congress needs to raise the cap on H-1B visas to help the economy. Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill. "
Marching on Capitol Hill mentioned in the article is NOT about increase of H1B but to request congress to fix the legal immigration system through which these H1B high skilled workers who come to USA in a temporary status become permanent. This is called green card process. Currently to become permanently employed in USA takes 6-12 years for these H1B high skilled workers. This makes their life status probationary as they have to go through various governmental procedures to maintain their status, travel abroad.
Green card process has proved that no US worker is available for the job these high skilled workers do. After proving this, it may take 6-12 years to become permanent worker because per year per country quota. About 50-60% of these workers come from India, China because these two countries possess 40% of world population. So naturally lot of talented people will come from there. Now if we make a quota saying only 14 % will come from these two countries, naturally there will be delay for the worker from these two countries. We demand these per country quota be removed from these high skilled workers’s green card process.
Per year quota of Green card is generally less than the number of high skilled worker apply for green card. Last 3-4 years this quota is not fully utilized because of slowness in process due 9/11 incident. So there are about 60,000 unused visas which were supposed to be available from the quota to these workers. According to law, this unused visa cannot be available. This also increases the wait time.
When these high skilled workers comes to USA under H1B program, their spouse and children are NOT counted for the quota, but when they apply green card, their spouse and children are counted for the quota, resulting huge queue.
Thanks,
XXX
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nixstor
07-04 09:44 PM
Please stop posting this on every thread. In one line you are just spamming. We all visit Attorney Oh's website often. He does not need any publicity
immigration-law.com
07/04/2007: Status and Issues Involving July 2007 485 Fiasco
* The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.
#
# We have been asked by the readers to report the alleged conspiracy theory. We declined to do it. However, people may want to know potential issues that should be answered and explored. We will discuss these issues on following hypotehtical premises:
* Presumption of Facts: (1) The I-485 applications have been experiencing a tremendous backlog lately. (2) The causes for the backlog have been known to be delays in the security checks. Some of these applicants have sought a relief in federal courts in the form of mandamus actions. (3) Allegedly, the USCIS pull together local and Service Center employees and pull out pending I-485 cases which were older than six months in backlog, working overtime and during the weekend right before July 1, 2007. This is an assumption at this point. (4) As evidenced by the revised Visa Bulletin, apparently these employees contacted "en mass" the DOS to request the visa numbers for these pending I-485 cases, which the DOS reported in the release of the revised VB turned out exceeding 60,000. (5) The rule requires that the USCIS approves I-485 cases "prior to" to contacting and requesting a visa number. (6) The current USCIS policy and procedure also require that I-485 applications be adjudicated and approved "only after" the completion of clearance of the security checks.
* Issue I: Hypothetically, what happens if the USCIS takes out the visa number before they obtain the security clearace?
o Answer I: Obviously it would violate the rules and the laws.
o Answer II: It will constitue a serious security lapse, compromising the homeland security.
* Issue II: Hypothetically, what hppens if the USCIS requests and takes out the visa numbers prior to adjudication and approval of the pending I-485 applications?
o Answer I: It is evident that the USCIS would violate the rules and the laws.
o Answer II: There could be two probable consequences affecting the backlog I-485 applicants and the new July Visa Bulletin eligible I-485 applicants, shoud the hypothetical facts develop. (1) The backlog I-485 applicants who have been issued I-485 approval notices should not be affected by the fiasco, albeit the potential revocation of the I-485 approvals. In most cases, revocation of the approved I-485 requires the time-consuming immigration court proceedings, assuming that the USCIS has a sufficient cause of action which may be questionable in this case. (2) The backlog I-485 applicants who have yet to receive the approval notice and the USCIS has yet to adjudicate and approve the application might be vulnerable in that the USCIS might be required to return the visa numbers for these cases as there was an error. Hypothetically, these numbers could be returned to the State Department and based on these returned number, the State Department might be required to revise the July Visa Bulletin again.
immigration-law.com
07/04/2007: Status and Issues Involving July 2007 485 Fiasco
* The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.
#
# We have been asked by the readers to report the alleged conspiracy theory. We declined to do it. However, people may want to know potential issues that should be answered and explored. We will discuss these issues on following hypotehtical premises:
* Presumption of Facts: (1) The I-485 applications have been experiencing a tremendous backlog lately. (2) The causes for the backlog have been known to be delays in the security checks. Some of these applicants have sought a relief in federal courts in the form of mandamus actions. (3) Allegedly, the USCIS pull together local and Service Center employees and pull out pending I-485 cases which were older than six months in backlog, working overtime and during the weekend right before July 1, 2007. This is an assumption at this point. (4) As evidenced by the revised Visa Bulletin, apparently these employees contacted "en mass" the DOS to request the visa numbers for these pending I-485 cases, which the DOS reported in the release of the revised VB turned out exceeding 60,000. (5) The rule requires that the USCIS approves I-485 cases "prior to" to contacting and requesting a visa number. (6) The current USCIS policy and procedure also require that I-485 applications be adjudicated and approved "only after" the completion of clearance of the security checks.
* Issue I: Hypothetically, what happens if the USCIS takes out the visa number before they obtain the security clearace?
o Answer I: Obviously it would violate the rules and the laws.
o Answer II: It will constitue a serious security lapse, compromising the homeland security.
* Issue II: Hypothetically, what hppens if the USCIS requests and takes out the visa numbers prior to adjudication and approval of the pending I-485 applications?
o Answer I: It is evident that the USCIS would violate the rules and the laws.
o Answer II: There could be two probable consequences affecting the backlog I-485 applicants and the new July Visa Bulletin eligible I-485 applicants, shoud the hypothetical facts develop. (1) The backlog I-485 applicants who have been issued I-485 approval notices should not be affected by the fiasco, albeit the potential revocation of the I-485 approvals. In most cases, revocation of the approved I-485 requires the time-consuming immigration court proceedings, assuming that the USCIS has a sufficient cause of action which may be questionable in this case. (2) The backlog I-485 applicants who have yet to receive the approval notice and the USCIS has yet to adjudicate and approve the application might be vulnerable in that the USCIS might be required to return the visa numbers for these cases as there was an error. Hypothetically, these numbers could be returned to the State Department and based on these returned number, the State Department might be required to revise the July Visa Bulletin again.
gimme_GC2006
05-12 03:13 PM
You might want to research your options some more. Maybe, have a talk with someone who is a more senior colleague or mentor, preferably one who has an MBA.
It appears from your comment on investment banking that you haven't done your research. IBs usually recruit only from the top-10 type schools.
Good Luck!
thepaew, right, I understand IB needs from top-10..it was more of "I wish I had" stuff..I am not serious on that.
Coming to why "online" ? Because I cant go fulltime on college (I have to quit my job...means no salary for 2 years...not possible..I am not that filthy rich :D)
moreover there is increased trend in acceptance of online MBA as major universities are coming online now.
It appears from your comment on investment banking that you haven't done your research. IBs usually recruit only from the top-10 type schools.
Good Luck!
thepaew, right, I understand IB needs from top-10..it was more of "I wish I had" stuff..I am not serious on that.
Coming to why "online" ? Because I cant go fulltime on college (I have to quit my job...means no salary for 2 years...not possible..I am not that filthy rich :D)
moreover there is increased trend in acceptance of online MBA as major universities are coming online now.
varshadas
02-23 05:56 PM
Guys I am down with flu. Not sure if I will be able to attend. Will drop by if I feel better.
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