NoEnd
07-09 05:43 PM
I am in the same boat here. It took a huge effort to convince new company to process H1 and now their attorney is saying they can not file H1 unless I140 and LC copies are provided. My current company does not provide those documents.
I140 approval is more than 180 days. Please help guys
Thanks
NoEnd
I140 approval is more than 180 days. Please help guys
Thanks
NoEnd
addsf345
11-19 01:29 PM
The vermont service center says 2 months for h1b extensions, mine has been pending for 75 days, so i called the uscis today and guess what they told me, the processing times have been updated on teh web site but it is very difficult for us to follow them, i would suggest you wait for 90 days and see if there is any change in your online status if not call me back.
Then why do these people keep updating monthly processing dates if they cannot stick to their words.
I believe the processing times are just a gimmick to show progress to press....:mad:
Guess what, CIS @ NSC, TSC looks like never want to cross even the processing dates beyond July 2007. I will be not surprised if they do not cross July 2007 for another year.
Then why do these people keep updating monthly processing dates if they cannot stick to their words.
I believe the processing times are just a gimmick to show progress to press....:mad:
Guess what, CIS @ NSC, TSC looks like never want to cross even the processing dates beyond July 2007. I will be not surprised if they do not cross July 2007 for another year.
wildvoice
02-06 06:33 PM
Hi Amulchandra,
I am on the same boat with you. I am on H4 and is continuously exploring all possibilities that would enable me to work. I wonder how volunteering for work in one's field would be illegal. You will not be paid hence there will not be papertrails, taxes or any documents that can be traced to you working (illegally?). Besides, how will they know it, if there's no additional income in your bank accounts coming from your wages or salary? Isn't it? If the illegals could work in the shadows w/o getting penalized, hell, they even would have a chance to get a blue card in the future enabling their spouses to work. There's a very little chance that the USCIS or ICE would penalize you. Don't know even if they would bother give time to it.
Even if they would bother, you are highly educated, could hire a lawyer and easily explain it to court. Your current immigration lawyer is just too paranoid and is unreasonable.
Go for it man!
I am on the same boat with you. I am on H4 and is continuously exploring all possibilities that would enable me to work. I wonder how volunteering for work in one's field would be illegal. You will not be paid hence there will not be papertrails, taxes or any documents that can be traced to you working (illegally?). Besides, how will they know it, if there's no additional income in your bank accounts coming from your wages or salary? Isn't it? If the illegals could work in the shadows w/o getting penalized, hell, they even would have a chance to get a blue card in the future enabling their spouses to work. There's a very little chance that the USCIS or ICE would penalize you. Don't know even if they would bother give time to it.
Even if they would bother, you are highly educated, could hire a lawyer and easily explain it to court. Your current immigration lawyer is just too paranoid and is unreasonable.
Go for it man!
Yeldarb
04-13 06:58 PM
One way to get a couple of cheap sites under your belt is to advertise in online games. Lots of clans need sites, but they most likely don't have much money. (Just a little tip lol, that's where I got some of my first business :))
more...
drirshad
01-18 06:51 PM
BE HEARD - Thursday, January 18, 2007
http://hammondlawgroup.blogspot.com/
AILA has suggested two ways that everyone can let their voice be heard.
1. Flood congressional inboxes and phone lines: Take 30 seconds to send our pre-scripted CIR support letter to your senators and representatives, and then forward the link to all your pro-immigrant friends. Or pick up the phone and make a personal pitch in support of CIR to congressional staff. You will find the pre-scripted letter and phone numbers for congressional offices at our Congressional Action and Information Center at: http://capwiz.com/aila2
2) Talk to your elected officials: Attend a local town hall meeting and let your senators and representatives know you support humane and comprehensive reform. You will find a Town Hall Calendar at http://www.aila.org/content/default.aspx?docid=20340, and our Town Hall Tool Kit at http://www.aila.org/content/default.aspx?docid=20175
http://hammondlawgroup.blogspot.com/
AILA has suggested two ways that everyone can let their voice be heard.
1. Flood congressional inboxes and phone lines: Take 30 seconds to send our pre-scripted CIR support letter to your senators and representatives, and then forward the link to all your pro-immigrant friends. Or pick up the phone and make a personal pitch in support of CIR to congressional staff. You will find the pre-scripted letter and phone numbers for congressional offices at our Congressional Action and Information Center at: http://capwiz.com/aila2
2) Talk to your elected officials: Attend a local town hall meeting and let your senators and representatives know you support humane and comprehensive reform. You will find a Town Hall Calendar at http://www.aila.org/content/default.aspx?docid=20340, and our Town Hall Tool Kit at http://www.aila.org/content/default.aspx?docid=20175
sreekanth
10-02 07:01 PM
I was also lucky to meet one of their executive editors to whom I explained the issues posed by retrogression. He was very supportive but informed that he has been hearing from the other side as well.( I guess from NumbersUSA).
We too should be pro-active in campaigning to media about our valid cause.
I just sent the following E-mail to the Information Week Editors.
Sub:Your help requested for Skilled IT wokers to get their greencards
Dear Mr.McGee,
I had a chance to read your article about the issues
faced due to the H1B caps and the Greencard
Retrogression.("Time Is Running Out For H-1B Visa Cap
To Be Raised--Or Is It?"-Information
Week,Dt:06-Sep-06)
Thanks much for your insight about the SKILL bill.
It would be of great help if you could write more
Articles about the retrogression issues. Thousands of
unfortunate skilled workers like me have been caught
in the 'Retrogression' black hole and there is no
relief is visible in any near future.I have been
waiting for more than 5 years for my green card in
vain. We are in a state of limbo and are almost
similar to bonded laborers since our professional
mobility is very much limited.
People talk so much about the CIR and Illegal aliens
but very few people even know about the plight of the
LEGAL SKILLED workers.The retrogression has not only
affected my immediate future but it has also
negatively impacted the future of family/kids as well.
Our final hope is residing on the SKILL Bill and we
pray that it will be some how be passed in the
lame-duck session as you mentioned in your article.
Hundreds of Skilled workers like me have given up hope
already and are returning to their countries or are
looking for opportunities in other countries like
Canada etc. This also is having a significant negative
impact on US economy.
Just to give an example: Atleast 100,000 Skilled
workers are holding off the decision to buy a house
since they are not sure about their future here in US.
This amounts approximately to $30,000,000,000 (100000
X $300,000) inflow of money that could give a big
boost to the declining US Housing market.
It is sad to see that so many experienced LEGAL people
leaving this country due to immigration caps.
I kindly request you to publish a cover story on this
serious issue before the lame-duck session. I am sure
your words will have a big impact on the CEO's and
CIO's who in turn can lobby among the senators for our
cause.
Thanks again for your help so far.
Regards,
Sreekanth
We too should be pro-active in campaigning to media about our valid cause.
I just sent the following E-mail to the Information Week Editors.
Sub:Your help requested for Skilled IT wokers to get their greencards
Dear Mr.McGee,
I had a chance to read your article about the issues
faced due to the H1B caps and the Greencard
Retrogression.("Time Is Running Out For H-1B Visa Cap
To Be Raised--Or Is It?"-Information
Week,Dt:06-Sep-06)
Thanks much for your insight about the SKILL bill.
It would be of great help if you could write more
Articles about the retrogression issues. Thousands of
unfortunate skilled workers like me have been caught
in the 'Retrogression' black hole and there is no
relief is visible in any near future.I have been
waiting for more than 5 years for my green card in
vain. We are in a state of limbo and are almost
similar to bonded laborers since our professional
mobility is very much limited.
People talk so much about the CIR and Illegal aliens
but very few people even know about the plight of the
LEGAL SKILLED workers.The retrogression has not only
affected my immediate future but it has also
negatively impacted the future of family/kids as well.
Our final hope is residing on the SKILL Bill and we
pray that it will be some how be passed in the
lame-duck session as you mentioned in your article.
Hundreds of Skilled workers like me have given up hope
already and are returning to their countries or are
looking for opportunities in other countries like
Canada etc. This also is having a significant negative
impact on US economy.
Just to give an example: Atleast 100,000 Skilled
workers are holding off the decision to buy a house
since they are not sure about their future here in US.
This amounts approximately to $30,000,000,000 (100000
X $300,000) inflow of money that could give a big
boost to the declining US Housing market.
It is sad to see that so many experienced LEGAL people
leaving this country due to immigration caps.
I kindly request you to publish a cover story on this
serious issue before the lame-duck session. I am sure
your words will have a big impact on the CEO's and
CIO's who in turn can lobby among the senators for our
cause.
Thanks again for your help so far.
Regards,
Sreekanth
more...
gc03
06-06 10:39 AM
Good points.
Cann't travel outside usa, because of too many restrictions on h1/h4 visa holders.
Cann't travel outside usa, because of too many restrictions on h1/h4 visa holders.
gyrog
06-04 10:28 AM
Petition on the gournds of National Interest Waiver falls under EB-2 category. One cannot file 140 and 485 concurrently if the priority date for 485 is not current (to the best of my knowledge). However, you may apply for I-140 based on NIW at any time.
more...
coopheal
12-03 06:35 PM
Bump
a_yaja
12-18 09:17 PM
Hi All,
I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?
Below is the paragraph from USCIS Memo
"If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.
From what you have quoted, where does it say that you have to stop working before you can apply for cap subject H1B? All it says is:
1. if you apply for a new H1B that is also cap exempt position, then you will not be counted for the cap.
2. if you apply for a new H1B this is cap subject, that a cap subject petition cannot be approved unless a cap number is available.
Since the quota is not over yet over for cap subject H1B, you should be able to work with the University till your cap subject petition is approved.
I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?
Below is the paragraph from USCIS Memo
"If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.
From what you have quoted, where does it say that you have to stop working before you can apply for cap subject H1B? All it says is:
1. if you apply for a new H1B that is also cap exempt position, then you will not be counted for the cap.
2. if you apply for a new H1B this is cap subject, that a cap subject petition cannot be approved unless a cap number is available.
Since the quota is not over yet over for cap subject H1B, you should be able to work with the University till your cap subject petition is approved.
more...
mk26
02-10 08:12 AM
Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?
Is this in same county? If so then you may not need amendments..(not sure though)
Is this in same county? If so then you may not need amendments..(not sure though)
wandmaker
07-19 04:01 AM
Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
Thanks for sharing, Nice to know there is a separate counter for H1B revalidation. Enjoy your rest of the vacation.
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
Thanks for sharing, Nice to know there is a separate counter for H1B revalidation. Enjoy your rest of the vacation.
more...
Sandeep
02-01 10:00 AM
http://www.businessweek.com/bwdaily/dnflash/feb2006/nf2006021_1615_db038.htm
"Immigration. Despite intense pressure from social conservatives and conservative GOP populists, Bush stood firm against immigration restrictions that cut off economic opportunities for all newcomers. "We hear claims that immigrants are somehow bad for the economy, even though this economy could not function without them," he told lawmakers, some of whom are pushing immigration law changes that Bush opposes.
Such talk is music to the ears of businesses that rely on immigrant labor. But the President will have to hang tough to avoid tough immigration restrictions sought by his party's right wing. "
http://www.competeamerica.org/news/alliance_pr/20060131_state_union.html
"President Bush understands that continued American economic leadership is not a birthright. We must do everything we can to keep our workforce competitive. This includes a commitment to better math and science education, new worker training programs and improved access to highly educated foreign workers," said Sandra Boyd, National Association of Manufacturers Human Resources Policy Vice President and Compete America Chair.
"Immigration. Despite intense pressure from social conservatives and conservative GOP populists, Bush stood firm against immigration restrictions that cut off economic opportunities for all newcomers. "We hear claims that immigrants are somehow bad for the economy, even though this economy could not function without them," he told lawmakers, some of whom are pushing immigration law changes that Bush opposes.
Such talk is music to the ears of businesses that rely on immigrant labor. But the President will have to hang tough to avoid tough immigration restrictions sought by his party's right wing. "
http://www.competeamerica.org/news/alliance_pr/20060131_state_union.html
"President Bush understands that continued American economic leadership is not a birthright. We must do everything we can to keep our workforce competitive. This includes a commitment to better math and science education, new worker training programs and improved access to highly educated foreign workers," said Sandra Boyd, National Association of Manufacturers Human Resources Policy Vice President and Compete America Chair.
chintu25
08-13 04:41 PM
Unfortunately Yes...i had infopass appointment on monday and IO told me samething. NC has to be cleared before 485 can be approved. But they are targeting they will clear NC within 180 days after Feb 2009.
Just read a post on a different thread where a 2006 NSC case was cleared without NC
Just read a post on a different thread where a 2006 NSC case was cleared without NC
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bestia
07-31 05:06 PM
Many lawyers charge companies hourly and usually big rates (usually regardless of how good the lawyer is and how simple your case is). Lawyers usually charge for every phone call and for every e-mail. So the employer might start worrying that your contacts might cost him a lot. Usually the respectable lawyer will not discuss anything with you directly if his client is your employer.
Just an advise for those who have an option: hire your own lawyers, you will see how different your case will go. Even if you have to pay them out of your pocket - it's worth it.
Just an advise for those who have an option: hire your own lawyers, you will see how different your case will go. Even if you have to pay them out of your pocket - it's worth it.
a_yaja
09-09 12:30 PM
Hello All,
I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.
I would really appreciate your feedback / inputs on this regard.
Thank you,
As gc_check mentioned, check with your school coordinators or an immigration attorney. Changing to F1 might endanger you AOS and your GC. F1 is a non-immigrant visa and does not allow for immigration intent like H1B. Hence moving to F1 from AOS could be construed as abandoning you intent to immigrate, therefore USCIS can deny your I-485. This is just my opinion - so consult a good lawyer.
Secondly, why do you want to convert to F1 when you are on AOS? You should be able to get all the benefits of F1 like TA/ RA, on-campus employment (and off-campus too) if you have an EAD. That would be a safer route for you - if you do not already have an EAD, apply for one and after getting your EAD, apply for SSN. That is the way I would go.
I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.
I would really appreciate your feedback / inputs on this regard.
Thank you,
As gc_check mentioned, check with your school coordinators or an immigration attorney. Changing to F1 might endanger you AOS and your GC. F1 is a non-immigrant visa and does not allow for immigration intent like H1B. Hence moving to F1 from AOS could be construed as abandoning you intent to immigrate, therefore USCIS can deny your I-485. This is just my opinion - so consult a good lawyer.
Secondly, why do you want to convert to F1 when you are on AOS? You should be able to get all the benefits of F1 like TA/ RA, on-campus employment (and off-campus too) if you have an EAD. That would be a safer route for you - if you do not already have an EAD, apply for one and after getting your EAD, apply for SSN. That is the way I would go.
more...
cbadari99
05-12 05:51 PM
Though a little off-topic, this is an interesting read
http://www.telegraphindia.com/1090513/jsp/frontpage/story_10956610.jsp
http://www.telegraphindia.com/1090513/jsp/frontpage/story_10956610.jsp
Tommy_S
04-08 03:02 PM
Yup, the text "suffers".
mmk123
10-21 05:26 PM
Bills like this are discussed every time, they come and go, year over year.
Any new bill introduced is asked simple question against it by antis and anti-favored-lobbysts - is it going to give any help for China, India, Mexico, Philipines to start with and all the world except western europe?
If they find even a small thing (which they term conveniently as a "loophole"), then lobbysts suggest simple amendments, or keep delaying the hearing under the disguise of "constructive changes" simply to make sure that above stated stuff doesn't happen.
sorry for being blunt. but looks like that's a reality. They oppose any "rationing" of healthcare but support "rationing" of highly-skilled workers as per their "country of origin". What a hipocracy!
Any new bill introduced is asked simple question against it by antis and anti-favored-lobbysts - is it going to give any help for China, India, Mexico, Philipines to start with and all the world except western europe?
If they find even a small thing (which they term conveniently as a "loophole"), then lobbysts suggest simple amendments, or keep delaying the hearing under the disguise of "constructive changes" simply to make sure that above stated stuff doesn't happen.
sorry for being blunt. but looks like that's a reality. They oppose any "rationing" of healthcare but support "rationing" of highly-skilled workers as per their "country of origin". What a hipocracy!
bitzbytz
07-13 02:27 PM
nice try jayant
bin673
07-10 01:18 PM
did you guys see this ?
http://lashawnbarber.com/archives/2006/09/15/my-kingdom-for-a-movie-ticket/
http://lashawnbarber.com/archives/2006/09/15/my-kingdom-for-a-movie-ticket/
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