vxb2004
07-23 06:50 PM
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
It means if you have aa approved I-140 and your priority date is not current (Which will be after August 17th), you will qualify for 3 year extension of H1B. Hope this helps.
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
It means if you have aa approved I-140 and your priority date is not current (Which will be after August 17th), you will qualify for 3 year extension of H1B. Hope this helps.
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ramnadhan
12-12 09:20 PM
The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.
The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply
EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.
thanks
ram
The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply
EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.
thanks
ram
common1
01-25 06:47 PM
dummgelauft:
I am not completely new to this :)...USCIS was pretty quick to post the bulletin even before the month of February even started, so I assumed that they are working overtime...
Hope that they show the same efficiency to clear thousands of pending applications :mad:
I am not completely new to this :)...USCIS was pretty quick to post the bulletin even before the month of February even started, so I assumed that they are working overtime...
Hope that they show the same efficiency to clear thousands of pending applications :mad:
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nandakumar
04-13 06:21 PM
got the mail from shrey.
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logiclife
06-30 06:19 PM
The current events starting from a rumor has caused frustration in our members. The news coming out of AILA got us into action and we are working on trying to prevent this visa bulletin disaster to happen for our members. Due to weekend, There are less opportunities to pursue but we are not taking this as an excuse and please know that IV is working this weekend and have been working ever since we heard about this news and are using all measures and contacts at the appropriate levels of government to help our members. At this time we do not have a conclusive outcome for our members as the efforts are continuing. The efforts are in full swing and will continue until the bulletin comes out. We are prepared to make efforts on Monday when the offices open.
Be assured we are considering all options. We are also working with like minded organizations and on
our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
visa bulletin that will change the current dates.
Please be patient and continue to support us. We will continue to update on the website as we have any more
update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.
Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.
IV may post update about its course of action as early as Sunday evening.
IV team
Be assured we are considering all options. We are also working with like minded organizations and on
our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
visa bulletin that will change the current dates.
Please be patient and continue to support us. We will continue to update on the website as we have any more
update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.
Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.
IV may post update about its course of action as early as Sunday evening.
IV team
roseball
04-04 02:49 PM
Hi thank you again, yes i understand that visa stamp is only needed for overseas travelling purpose. You raise a good point though when you said you assume i got h1 approved with i-94 attahced. This brings me to a scenario that just happened a few months back. I applied for extension h1b and h4 and we received notification that it has been approved and the approval sent to the attorney. But the attorney has disappeared. My wifes h4 approval was returned back to uscis and mine is not known where it is. we called uscis and they said we have to apply a duplicate i-824 individually to get the approval sent back to us again. i have therefore submitted i-824 application for my wife already. and i am submitting mine this week. all we have right now is h4 receipt for my wife and a copy of the approval for h1b for me (without i-94) that usually goes to the peititoner. What do you think about this?
Oh well, since the employer H1 approval copy does not have an attached I-94, we cannot conclude anything. File a I-824 for your H1 first, I believe your employer needs to file the I-824 for H1.....For H-4, you can do it yourself since its a personal petition....Then have your employer or employer's attorney contact USCIS and enquire whether your Extension of Status was approved as well (meaning H1 approval had an attached I-94). If thats not possible, you will have to wait till your I-824s are processed and you get new copies of the approvals to check if they have attached I-94s.
Oh well, since the employer H1 approval copy does not have an attached I-94, we cannot conclude anything. File a I-824 for your H1 first, I believe your employer needs to file the I-824 for H1.....For H-4, you can do it yourself since its a personal petition....Then have your employer or employer's attorney contact USCIS and enquire whether your Extension of Status was approved as well (meaning H1 approval had an attached I-94). If thats not possible, you will have to wait till your I-824s are processed and you get new copies of the approvals to check if they have attached I-94s.
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ilikekilo
02-07 09:15 AM
I dont know of any insurance companies that cover pre-existing conditions..the older one is more the more expensive insurance is and not to mention pre existing conditions and all toehr terms and conditions jargon........ so be very careful... and good luck with your situation...
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sanax
11-30 12:38 AM
Hi
I hope someone here can shed some light on my situation. I have two midemeanors on my record and must go for my interview end of next month. The first misdemeanor was last year when I backed up and hit another car's headlight out. Because I did not have my license yet, I left the scene... hit and run. The second was a DUI earlier this year. I ended up with a 5 year probation on the DUI.
I also received two traffic tickets, driving without a license, in the past two years. I'm almost done paying the fines.
I received my temporary work permit last month and received my interview notice yesterday. Will these two misdemeanors/tickets play a role in my interview.
Stupidity has no boundaries! :mad:
Any advice or comments will be appreciated! Thanks.
I hope someone here can shed some light on my situation. I have two midemeanors on my record and must go for my interview end of next month. The first misdemeanor was last year when I backed up and hit another car's headlight out. Because I did not have my license yet, I left the scene... hit and run. The second was a DUI earlier this year. I ended up with a 5 year probation on the DUI.
I also received two traffic tickets, driving without a license, in the past two years. I'm almost done paying the fines.
I received my temporary work permit last month and received my interview notice yesterday. Will these two misdemeanors/tickets play a role in my interview.
Stupidity has no boundaries! :mad:
Any advice or comments will be appreciated! Thanks.
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hmehta
09-23 07:53 PM
Yes, I am in the same Boat - My 485 was filed on July 19th but haven't received my receipt yet (485 filed at TSC)!
Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
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mariner5555
04-04 01:57 PM
I e-filed for EAD recently and got my biometrics appointment within two weeks, and got the card about 5 weeks after applying. My wife went through the paper process a few months back, and the card took nearly 3 months to arrive. So from this unscientific test, I think that e-filing is much faster for EAD at least.
Rgrant, coolguy ..Thank you v.much !!
Rgrant, coolguy ..Thank you v.much !!
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bnaredla1382
06-17 11:01 AM
My PD is nov 2003 and now I am planing to port my EB3 to EB2.
I need to know the process to do it.
My previous EB3 is with my old employer.
My I-140 approved from my old Employer and applied I-485 in july 2007 and
later in may 2008 I moved to my current company using AC21 and I applied for H1b also.
now I working 6th year on H1B.
And Here are the questions, if I file new labor have:
1). how long will it take to approve?
and once labor approved, for I-140
1). Am I eligible for premium process of I-140.
I need to know the process to do it.
My previous EB3 is with my old employer.
My I-140 approved from my old Employer and applied I-485 in july 2007 and
later in may 2008 I moved to my current company using AC21 and I applied for H1b also.
now I working 6th year on H1B.
And Here are the questions, if I file new labor have:
1). how long will it take to approve?
and once labor approved, for I-140
1). Am I eligible for premium process of I-140.
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FinalGC
03-24 10:37 AM
This is illegal, unless you agreed with your employer prior to joining them. They should have negotiated this prior to joining them. All H1 fees will need to be paid by employer.
Work with your employer, dont get angry....Talk and reason with them, however if they insist you to sign, I would get rid of (3) and (4), since it does not make sense.
Work with your employer, dont get angry....Talk and reason with them, however if they insist you to sign, I would get rid of (3) and (4), since it does not make sense.
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varakur
08-10 07:41 PM
Thanks Jasmine/lacrossegc/etal,
Btw, one twist I have is that my birth certificate is in Punjabi. How should I get that translated. Is there a procedure? Or simply should/can I get some equivalent, such as affidavite from my parents attested by some govt authority etc.,
Also, in case I can't make it now (depends on preponing air tickets etc), may I have to wait couple of more years. My priority date is Mar'05 and EB2. Some rough idea atleast..
thanks so much,
-Prasad
PS: really thanks.. a zillion. I am not even able to contact my attorney now. So your responses are helping me invaluably.
Btw, one twist I have is that my birth certificate is in Punjabi. How should I get that translated. Is there a procedure? Or simply should/can I get some equivalent, such as affidavite from my parents attested by some govt authority etc.,
Also, in case I can't make it now (depends on preponing air tickets etc), may I have to wait couple of more years. My priority date is Mar'05 and EB2. Some rough idea atleast..
thanks so much,
-Prasad
PS: really thanks.. a zillion. I am not even able to contact my attorney now. So your responses are helping me invaluably.
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aat0995
09-23 02:44 PM
soft LUD on a case 1 no. ahead of you or 1 no. behind you = very soft LUD on your case. Isn't everybody is smart enough to calculate the formula for very-raised-to-the-power-of-n soft LUD now.
C'mon, the receipt numbers are not related at all. It is possible that reciept number X is for I-485 and receipt number X+1 is for refugee.
C'mon, the receipt numbers are not related at all. It is possible that reciept number X is for I-485 and receipt number X+1 is for refugee.
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JunRN
08-21 10:14 PM
It's not cheating. The August 16 date is the Processing Up-date, not the posting date.
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srikondoji
08-07 02:50 PM
Prevailing wage for EB2 as of latest information i have is $83,200
Hope this helps.
Hello Gurus,
I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2
Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.
I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available
Thanks in advance
Kukitron
Hope this helps.
Hello Gurus,
I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2
Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.
I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available
Thanks in advance
Kukitron
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mss007
05-07 09:14 PM
I am in same boat.. No LUDs on mine and my wife's I 485 . Filed in July 2007....
Don't know what happened!!!!!!!!!!!!!!!!:confused:
Don't know what happened!!!!!!!!!!!!!!!!:confused:
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abracadabra
07-06 11:21 AM
Anne E. Kornblut, Washington Post National Political Reporter. Just a try to get some attention in media
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kumar1
03-05 11:12 AM
Yestogc- Please do not write "plz" instead of "please". We have "English Language Cop" hovering over us.
You know what I am saying....
I am apologetic if my message sent any wrong signals anywhere.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.
You know what I am saying....
I am apologetic if my message sent any wrong signals anywhere.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.
gveerab
07-30 01:07 AM
Thanks a lot
hersheygaile
09-09 06:23 PM
HELP!!!i'm confuse!i entered here in the US as a tourist visa last year oct 2008.my 1-94 lapsed last april 30, 2009 but i'm still here in the US because i have a pending immigrant petition as a nurse and my lawyer said i could stay until 180 days which will end on oct 2009. I was filed as h1b for non profit organization last sept 1 as a dietitian on premium processing. My employer told me to just wait for my notice of receipt and approval in 15 days.My question is that it will be possible for the USCIS to approve me because technically i am now out of status but i do have until October to stay here because of my 180 days. I need some answers to clear up my mind.
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