Tuesday, June 14, 2011

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  • kaisersose
    11-30 03:40 PM
    They will not approve a derivative case without approving the principal. USCIS does not follow FIFO, so though it is possible they picked up a 485 application from July, the second problem of having a PD available kicks in.

    So for this approval to be valid, some IO should have

    1. Picked up a July application for processing

    2. Ignored the PD requirement

    3. Approved the derivative without bothering to first approve the primary.

    Three mistakes together is impossible. It is just a data entry error.





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  • eb3_nepa
    07-20 04:50 PM
    But my question is can you have BOTH of them. Some say you can have 2 H1s at the same time for different companies, so hence my question was, can you have an H1 and an L1 at the same time.

    Biju, whom did you ask, an immigration attorney or just on forums?





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  • GotGC??
    03-09 03:03 PM
    Some EB3 for India/China/Row would be in IT, but I bet a vast majority of EB3 from other countries, especially Mehico, is not IT related.

    As most EB3 numbers go to IT software and as there are so many issues, until DOS and USCIS fix these issues they wont move these forward





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  • Calouste
    07-28 08:20 PM
    quite interesting find...do you have a reference?

    H-1B numbers:

    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2000 (http://www.uscis.gov/files/article/FY2000Charact.pdf)
    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2001 (http://www.uscis.gov/files/article/FY2001Charact.pdf)
    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2002 (http://www.uscis.gov/files/article/FY2002Charact.pdf)
    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2003 (http://www.uscis.gov/files/article/FY03H1BFnlCharRprt.pdf)
    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2004 (http://www.uscis.gov/files/nativedocuments/H1B_FY04_Characteristics.pdf)
    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf)

    India accounted for the following percentages of new H-1B visa issued:

    FY 2000 : 44.5 %
    FY 2001 : 45.2 %
    FY 2002 : 20.4 %
    FY 2003 : 27.8 %
    FY 2004 : 46.0 %
    FY 2005 : 49.0 %

    Note that this is only H-1B and doesn't include other high skilled immigrant visa like L1 and TN.



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  • roseball
    11-14 10:43 AM
    If you are coming back to US to work for the same H1 employer, then re-entering on AP does not invalidate your H1. Yes, after coming back you can file for a H1 COE petition.





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  • xela
    06-17 08:53 AM
    We all saw SLUDs shortly after the day we received notice, as I metioned I got receipt on April 27tha dn last SLUD was April 30th,....sinc ethen nothing

    however most people got their EADs already so they might just enjoy sitting on mine who knows sigh...

    good luck and dont expect any LUDs until they actually send you something :-)



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  • sriswam
    06-28 08:42 PM
    Is it worth to file premium processing on friday?

    Thats a good question. Would it still be considered valid if we mailed the documents on Friday so that it reaches them Saturday. They'd still be opening the mail on Monday July 2nd. I have a feeling that would be too late. Any others in the same boat ?





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  • canleo98
    08-09 02:40 PM
    My PD was not current in June07, company attorney applied for 3 year extension along with approved I-140. Receipt Date for H1B extension application was June 14th 2007 and H1B was approved on July27th 2007 for one year only. As per FAQ# 2(Q 17), I was eligible for 3 year extension, Can we ask for ammendment in H1B extension. If yes, what is the process for requesting ammendment and what document do we need to file. Any idea how much time it is going to take, is it going to take same time as H1B extension timeline. All your views and answers are welcome.



    Here it is

    Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    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.

    And here is what OH says in his breaking news for July 24th after this memo

    0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007

    Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.


    You should ask your lawyer to get an amendment. I read here yday somebody doing that.



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  • DSLStart
    03-13 03:00 PM
    Congrats!
    Guys, please be generous to our Govinda fan champu by giving him some green. A red GC holder looks bad :D

    Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
    :):):):):):)





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  • tnite
    07-26 03:16 PM
    Lawyer told that after AOS filing one is in dual status so no worry. But I am not 100 % sure


    To be safe change her to H4



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  • mirage
    05-29 04:01 PM
    On a conference call somebody asked Rajiv Khanna about PD movement last month and his prediction etc etc. His comment was
    'Only 2-3 people in the whole world knows what happened last month and what's going to happen further. And all of them work for the state dept.'





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  • vnsriv
    07-21 11:44 AM
    Damn I am going to be pissed off if he gets a green card before I do.

    Beckham has all the 3-in-1 qualification for GC .



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  • sunny1000
    11-08 03:55 PM
    hello,

    I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.

    Ony calcutta dates are available.

    Can I book an emergency appointment in this situation?

    I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.

    Extended h1b here in USA..Now going to India for the first time after visa expiry.

    Also, for the stamping, should i carry all old LCA's or just the latest one?

    Thanks,
    arthi

    Also, I heard that they are asking for letter from the client that you are working, on the client letterhead with info like contract duration etc. You can search the forum. This is what I found at the chennai consulate website (http://chennai.usconsulate.gov/h1bvisas.html):

    Carry the Following Documents with You


    Bring the following documents to your scheduled interview:

    A passport valid as of the date of entry into the U.S. (Persons whose passports which will expire in less than 6 months after their entry into the United States should renew their passports before applying for a visa.) We recommend bringing your previous passports as well.

    Your confirmation page (printed on a laser printer).
    Appointment letter
    HDFC Bank fee receipt

    In addition, if you are applying for a petition-based visa (H, L, F, J, M, R visas) should also bring petition-related documents.
    One recent (within the past six months) passport size photograph 50mm X 50mm (2" x 2") with a white or off-white background.


    Note: Please obtain a new passport prior to your interview if:

    - The film on the biographic data pages of your passport (i.e., page with your photo and back page with your parents' information) is separating from the pages in your passport, or

    - Your passport is otherwise torn, damaged, mutilated or has been washed or laundered.

    U.S. visas cannot be placed in damaged passports.

    If you are applying for an H-1B visa, you need to present all the required documents (highlighted in BLUE above) for any non-immigrant visa:

    Plus

    I-797 - the original notice of approval,
    The complete I-129 petition submitted by your prospective employer including the Labor Condition Application
    The originals, plus one copy, of your university diplomas, mark sheets and any certificates you may have. (Secondary school information is not required) Letter from petitioning employer confirming employer's intent to hire the applicant
    Original, plus one copy, of your work experience letters from your previous employers

    First time applicants may consider submitting the following documents:

    Pay slips from current or most recent place of employment
    Names and current phone numbers of the personnel managers at the applicant's present and past jobs
    Photographs of the inside and outside of current or most recent employer's place of business
    Names and contact information of two co-workers from your current or most recent place of employment
    Names and contact information of two co-workers from past jobs
    A complete resume/bio-data and cover letter describing current job duties in detail
    Personal bank records for the last six months
    US company information: photographs of the inside and outside of the company's offices, prospectus, brochures, and annual report

    The Consulate will not accept documents received directly from the company by mail or fax.


    If you are currently working in the US on an H1B visa, please submit your pay slips for the current calendar year and your federal tax returns (IRS Form 1040 and W-2) for all years in which you were employed in the US.


    All H-1B applicants are requested to bring one extra photocopy of any original documents they presented with their application package that they wish to be returned.

    Good luck with the stamping and God bless.





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  • blackberry
    08-05 08:04 PM
    So this contradicts the theory of applicant not getting reciept notice if using G-28 !
    Is there anyone else who had the same experience ??

    --BB



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  • hsm2007
    09-21 07:41 AM
    Yes this is my 1st RFE. My PD has been current since september. She applied with me in back in 2007.



    I am sorry i cannot answer ur question because i m not an expert in this broken immigration process but i have a question.

    Can you tell if this is ur 1st RFE on I485 or did u receive any prior RFE's also?
    Did ur wife also applied for the I485 with you or u applied alone?

    thanks





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  • atul555
    07-30 08:15 PM
    It will progress all the way to 2002 Nov - Dec by Oct visa bulletin and keep progressing to 2003 or 2004 beginning by end of fiscal year 2010. The basis of this calculation is part visa number usage analysis, and part hope :) let's see how it pans out.



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  • GCVictim
    05-07 11:57 AM
    Me and my wife got soft LUD on 485 files. the date was 03/19/2009. we are Jul 07 filers. PD was May 07





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  • BornConfused
    07-03 11:01 AM
    LOL!

    You are missing the point! Those flowers aren't meant for them! It is to show our protest in a unique way that will attract attention from the media! Till date there are only 3 websites that I have come across that covers this fiasco... Don't you want our plight announced in the media???

    It may not make a difference today... but it will definitely make a difference tomorrow if we keep it up. Let the public know more about this broken immigration system. Raise awareness about every pain that we go through!
    Of course I want this in the media, it SHOULD be in the media, it's pathetic that it isn't. Shows how little they care about new immigrants considering how most of us are very skilled workers and deserve this.
    I am sending a message to my local fox news and if I have time maybe I will mail other news media at their websites-just to inform them about this. THAT is better than sending USCIS flowers. And it's still a Ghandi-esque protest.





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  • beemboy
    05-31 10:11 AM
    This is my first time $200 contribution for this great organization. Keep up the good work guys!!

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    dartkid31
    05-18 12:13 AM
    I think you are getting slightly confused here. The thing under discussion in this thread has always existed as a clause in the bill and is nothing new. The F4 is a separate provision which was struck down today. The 3 year for STEM provision still exists separate. Please have a look at the details of the bill. It should be available somewhere on this website.


    Has there already been a vote to kill F4? If so, do you know what the amendment nummber is? Thanks.





    kiranvahaja
    07-17 02:46 PM
    hey guys

    my company has their own lawyer who does all the immigration work. As part of 485 document preperation, they made me sign the forms granting him authority to deal with my case.

    Now if i change company after six months, can i take back control from old company lawyer to myself? How many ways they can trouble me?

    Any advice is appreciated!!!

    Kiran