desi3933
01-30 02:08 PM
What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
Crazyghoda -
The popular myth is that application is processed only when PD is current. However, it is just that - a myth. While I-485 application can be approved only when PD is current, but it can be processed, RFE can be issued, and law even allows I-485 application to be denied irrespective of PD.
RFE for employer history is very common for pending I-485 applications. USCIS may ask for employment history with dates and salary details. Since 245(k) allow status check since last lawful admission, only details that matters is, since last admission. Please note that entry into US on AP does NOT count as lawful admission. It has to be non-immigrant visa.
245(k) allows a waiver of 180 cumulative days for out-of-status since last lawful admssion (i.e. on H1/H4/L1/L2/F1 etc).
Please have all AC-21 related documents for latest job (or job offer).
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
Crazyghoda -
The popular myth is that application is processed only when PD is current. However, it is just that - a myth. While I-485 application can be approved only when PD is current, but it can be processed, RFE can be issued, and law even allows I-485 application to be denied irrespective of PD.
RFE for employer history is very common for pending I-485 applications. USCIS may ask for employment history with dates and salary details. Since 245(k) allow status check since last lawful admission, only details that matters is, since last admission. Please note that entry into US on AP does NOT count as lawful admission. It has to be non-immigrant visa.
245(k) allows a waiver of 180 cumulative days for out-of-status since last lawful admssion (i.e. on H1/H4/L1/L2/F1 etc).
Please have all AC-21 related documents for latest job (or job offer).
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
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thomachan72
11-12 04:40 PM
And the war begins....pretty soon the initial topic would be completely forgotten....
mlvats
06-10 06:23 PM
Friends.
My wife is working with a company "A" in India and have filed for H1 through a company "B" in USA.
Currently she does not have any VISA.
Can her current company "A" apply for L1 and she can come to USA on L1?
And suppose she can come to US on L1 through company "A", What happens if her H1 gets approved through Company "B", Can she still continue
working for Comapny "A".?
Thanks in Advance.
-Moti
My wife is working with a company "A" in India and have filed for H1 through a company "B" in USA.
Currently she does not have any VISA.
Can her current company "A" apply for L1 and she can come to USA on L1?
And suppose she can come to US on L1 through company "A", What happens if her H1 gets approved through Company "B", Can she still continue
working for Comapny "A".?
Thanks in Advance.
-Moti
2011 blue sky grass.
starscream
09-10 09:25 PM
Can anyone plz updae what happened to HR 5882 - did the house judiciary commitee pass the bill
more...
anilsal
12-12 09:37 AM
Nobody knows whether congressional action is needed to allow I-485 to be filed during retrogression?
prioritydate
12-21 02:15 PM
This is from Murthy chat.
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
more...
senthil1
06-13 11:43 AM
Impact of rule 2 will be minimal and that rule will be really used not to displace
US workers if that is the purpose. If companies are not really displacing US workers why should they bother about this rule? This rule will certainly minimise the outsourcing by laying off people as H1b persons are required for offshore co-ordination.
Rule 3 is putting ad that is just like a Labor process in green card. It will delay h1b hiring for a month and really impact will be minimal
Those 2 rules are worth if companies can get best people in the world(that was the intention of H1b program. That is what Google and Microsoft are arguing)
With the restrictions we are getting 115 to 180k H1bs. If there is some plan for clearing backlog for gc then we can very well support CIR
Correct me if my understanding is wrong.
Hi, Senthil and Bugmenot
You said :They will allow some form of consulting and they may ban subcontracting in H1b.
Now you agree that consulting will be there. So the bill have to be tweeked or else even small american companies will shut down.
ex bearing point....
Rule 2 of restriction - Company cannot hire 6 months before or after it has laid of a person.
Impossible to be applied.
(Big companies will be affected with this, small companies like CDI, ABC.. who might hire a H1-B on their pay roll but they let them go when they are not able to find a new client that they can place that person).
Rule 3 - You have to advertise before you get an H1-B might be allowed but ignored like L1 is ignored now.
I will show you how the merit based system have to change for EB in my next post.
Got to go...
US workers if that is the purpose. If companies are not really displacing US workers why should they bother about this rule? This rule will certainly minimise the outsourcing by laying off people as H1b persons are required for offshore co-ordination.
Rule 3 is putting ad that is just like a Labor process in green card. It will delay h1b hiring for a month and really impact will be minimal
Those 2 rules are worth if companies can get best people in the world(that was the intention of H1b program. That is what Google and Microsoft are arguing)
With the restrictions we are getting 115 to 180k H1bs. If there is some plan for clearing backlog for gc then we can very well support CIR
Correct me if my understanding is wrong.
Hi, Senthil and Bugmenot
You said :They will allow some form of consulting and they may ban subcontracting in H1b.
Now you agree that consulting will be there. So the bill have to be tweeked or else even small american companies will shut down.
ex bearing point....
Rule 2 of restriction - Company cannot hire 6 months before or after it has laid of a person.
Impossible to be applied.
(Big companies will be affected with this, small companies like CDI, ABC.. who might hire a H1-B on their pay roll but they let them go when they are not able to find a new client that they can place that person).
Rule 3 - You have to advertise before you get an H1-B might be allowed but ignored like L1 is ignored now.
I will show you how the merit based system have to change for EB in my next post.
Got to go...
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ronhira
03-12 12:24 PM
So now only paid people get access to information. Why don't you start contributing now?
I am not on any side and seriously want atleast the bashing stopped. But don't want some piece of jerk doing this for sake of passing time. I would consider Ron Hira a better candidate to counter bashing. He is paid (thats what it shows on his status as "donor").
More, I sincerely don't believe that paid employee of competitor can do this. 2 reasons:
1. By any kind of conversation, site gets more traffic. Thats exactly competitors don't want.
2. This could lead to serious legal issue and opposites can lose their shirts.
I think the people on opposite sites are some old finger burnt people from IV itself like Kumar. Think what Kumar will do if he is banned from IV today for harsh bashing!
gckaMara.... i love u for volunteering me for doing something.... not sure what..... but that's ok.....
btw.... greyhair is just giving excuses...... but u look like someone who cares.... y r u not a donor....
I am not on any side and seriously want atleast the bashing stopped. But don't want some piece of jerk doing this for sake of passing time. I would consider Ron Hira a better candidate to counter bashing. He is paid (thats what it shows on his status as "donor").
More, I sincerely don't believe that paid employee of competitor can do this. 2 reasons:
1. By any kind of conversation, site gets more traffic. Thats exactly competitors don't want.
2. This could lead to serious legal issue and opposites can lose their shirts.
I think the people on opposite sites are some old finger burnt people from IV itself like Kumar. Think what Kumar will do if he is banned from IV today for harsh bashing!
gckaMara.... i love u for volunteering me for doing something.... not sure what..... but that's ok.....
btw.... greyhair is just giving excuses...... but u look like someone who cares.... y r u not a donor....
more...
Suva
08-10 02:06 PM
I am in.
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paskal
12-26 04:18 PM
london: needed
paris: needed if your visa is expired, check the web site they still have that requirement, i think they relaxed it to the extent that if US visa is valid, you don't need it. they refuse to consider any other documents/papers.
what i don't know specifically is: if i'm travelling TO India ie my home country- i have an Indian passport, why should they care? But i think checks are done prior to departure in the US.
the point is...it's becomeing ahuge pain in the rear ...more so everyday.
paris: needed if your visa is expired, check the web site they still have that requirement, i think they relaxed it to the extent that if US visa is valid, you don't need it. they refuse to consider any other documents/papers.
what i don't know specifically is: if i'm travelling TO India ie my home country- i have an Indian passport, why should they care? But i think checks are done prior to departure in the US.
the point is...it's becomeing ahuge pain in the rear ...more so everyday.
more...
StuckInTheMuck
07-28 12:38 PM
Okay, from wine shop to religion to law to constitution, what next :)
Hmm, now I know, for me it is back to the wine shop - no intellectual quest though, just a simple thirst for quality alcohol.
Hmm, now I know, for me it is back to the wine shop - no intellectual quest though, just a simple thirst for quality alcohol.
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eeezzz
03-04 03:39 PM
According to Mr. Gotcher (http://immigration-information.com/forums/showthread.php?t=4409)
Here are of the 5th and 6th paragraphs from Visa Quotas section at the very first post.
In addition to the �fall down� numbers, there are also �spill over� numbers. That is, to the extent that the worldwide category does not use all of the numbers available to it, the remaining numbers spill over and become available to the countries that are impacted by the single country limit.
In order for there to be spill over numbers, however, the worldwide third preference category much be �current� (that is, it may not have a cutoff date). When this happens, then unused worldwide numbers spill over and become available for applicants affected by the single country limit.
Here are of the 5th and 6th paragraphs from Visa Quotas section at the very first post.
In addition to the �fall down� numbers, there are also �spill over� numbers. That is, to the extent that the worldwide category does not use all of the numbers available to it, the remaining numbers spill over and become available to the countries that are impacted by the single country limit.
In order for there to be spill over numbers, however, the worldwide third preference category much be �current� (that is, it may not have a cutoff date). When this happens, then unused worldwide numbers spill over and become available for applicants affected by the single country limit.
more...
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shivarajan
08-11 11:16 PM
Doesn't matter if it moves back or not, since the mass fiasco hysteria began at Jul 2007, due to which, I guess uscis may even think of moving dates in hours (if waz possible) if not days after 2005 Jan date now, wherein EB-I apps counts even if dates muved hours will be hundreds (/thousands?) ;-)
We should not forget d fact which came straight from the horse's mouth...
"Wait times will be years/decades for for EB-I". (no more fiasco's again since preadjudications are happening is bad news for folks who missed fiasco and can't get ead for next decade or so)
:p
We should not forget d fact which came straight from the horse's mouth...
"Wait times will be years/decades for for EB-I". (no more fiasco's again since preadjudications are happening is bad news for folks who missed fiasco and can't get ead for next decade or so)
:p
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Macaca
09-26 11:46 AM
I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon
The article is actually very well-written for H1B issues. Ask her to write a similar article about EB GC issues!
The article is actually very well-written for H1B issues. Ask her to write a similar article about EB GC issues!
more...
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ak77
09-10 02:06 PM
I found another link. Not sure if its the right one ?
http://www.c-span.org/Watch/C-SPAN_wm.aspx
Yes this one is working for me...but iam also not sure its the right one or not.
http://www.c-span.org/Watch/C-SPAN_wm.aspx
Yes this one is working for me...but iam also not sure its the right one or not.
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spicy_guy
07-13 06:38 PM
August 2010 Visa Bulletin – EB-2 and EB-3 Substantial Forward Movement (http://www.cilawgroup.com/news/2010/07/13/august-2010-visa-bulletin-%E2%80%93-eb-2-and-eb-3-substantial-forward-movement/)
"
Forward Movement Is Temporary
Note that the substantial forward movement does not indicate a trend; instead, the last two visa bulletins� forward movement was to ensure that no available visa numbers remain unused due to poor allocation of the unused numbers. We expect that there be some retrogression over the next 1-3 months.
Please do not hesitate to contact us if you have any questions or if we can help you prepare and file your I-485 adjustment application, should your priority date become current.
"
"
Forward Movement Is Temporary
Note that the substantial forward movement does not indicate a trend; instead, the last two visa bulletins� forward movement was to ensure that no available visa numbers remain unused due to poor allocation of the unused numbers. We expect that there be some retrogression over the next 1-3 months.
Please do not hesitate to contact us if you have any questions or if we can help you prepare and file your I-485 adjustment application, should your priority date become current.
"
more...
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tsnaresh
03-18 10:17 AM
Is there a group created for Ohio state? I have sent an email to "IV-Ohio@googlegroups.com" but email was not delivered (invalid group). Also, any one interested in car pooling from Cleveland, Ohio?
Thank you
Thank you
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gc_eb2_waiter
09-26 10:32 AM
Dear Editor,
Good Morning.
I would like to bring a mistake in this article to your attention. My wife and myself( along with my father who is visiting US) marched to Capitol Hill to improve the efficiency in Green Card processing by fixing administrative delays and increasing per-country quota. But not for increase in H1-B visas.
Please update this column with the correct information.
Thanks
Sree
Good Morning.
I would like to bring a mistake in this article to your attention. My wife and myself( along with my father who is visiting US) marched to Capitol Hill to improve the efficiency in Green Card processing by fixing administrative delays and increasing per-country quota. But not for increase in H1-B visas.
Please update this column with the correct information.
Thanks
Sree
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vine93
10-22 06:54 PM
I also faxed it today.
Jaime
09-13 09:50 PM
PM me! We want to see as many of us in DC next Tuesday!!!! Let's go guys!!!!!
Hermione
09-26 11:13 AM
No problem. I just wanted to encourage everyone with a strong feeling on H1 increase to post on the CNN site.
I'm sorry if I sounded like a hypocrite. My interpretation was not to participate in FSB debate for PR visas as the debate was concentrated on H1-B visas.
I support H1-B's and please continue in the debate for H1-B's.
I'm sorry if I sounded like a hypocrite. My interpretation was not to participate in FSB debate for PR visas as the debate was concentrated on H1-B visas.
I support H1-B's and please continue in the debate for H1-B's.
