gc1024
07-17 10:00 PM
Most people showing their cool wisdom still not getting the point. A BEC person with Feb 2005 PD may not be able to file for another 2 years while a PD 2007 person will be enjoying EAD during that time. In my dictionary this is injustice. And that's why i was kinda happy when they updated the July bulletin, now I'm not really happy even if my company has already filed my 485/EAD on july 2. I'm still wishing (and i'll be honest) USCIS come up with a reason/regulation/rule that will delay EAD for everyone until BEC people are able to file 485 OR in Oct they retrogress only till March 2005.
P.S. if you are superstitious, you want to know this: most of my relatives/freinds call me "Black Tongue" because usually when i say something unpleasent it happens. e.g. i told my wife last month that i don't believe everyone is able to file 485, something will go wrong and everyone will be disappointed. (when everyone expects something it does not happen- contrarian theory)
Wow! I know someone just like you. She has been cribbing, crying and cursing because I have a 2005 PD and she has a 2004 PD and we are filing 485 together. The sad part is she is able to file 485 and her jealously is because we are doing it together. She says she should be much ahead of me by now :) :D
P.S. if you are superstitious, you want to know this: most of my relatives/freinds call me "Black Tongue" because usually when i say something unpleasent it happens. e.g. i told my wife last month that i don't believe everyone is able to file 485, something will go wrong and everyone will be disappointed. (when everyone expects something it does not happen- contrarian theory)
Wow! I know someone just like you. She has been cribbing, crying and cursing because I have a 2005 PD and she has a 2004 PD and we are filing 485 together. The sad part is she is able to file 485 and her jealously is because we are doing it together. She says she should be much ahead of me by now :) :D
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invincibleasian
02-08 11:13 PM
: THIS IS COMPLETELY WRONG
I already posted this in another thread and I will post it again:
I am wondering when people will understand that H1B Transfer does not exist!
Everytime you want to switch employers, a whole new H1 must be filed.
People are always under the impression that because they already hold an H1, then it is easy to get "transferred" to another company.
In this case, the only thing you actually "transfer" is ...yourself and nothing else. The only advantage of already having an H1 is that you don't have to worry about the quota anymore, you are exempted from it.
Since you have to file a new case, approval can never be guaranteed and it is therefore always risky to switch employers (as soon as the new H1 is filed), without waiting for approval. Tricky stuff...
Check this from Murthy.com:
" Among the questions that often reach us, are those regarding H1B status and changing employers that refer to "transferring" the H1B. This term is frequently used, even by some immigration attorneys. The H1B is not actually "transferred" from one employer to another when an individual changes a job, however. We understand what people mean when they refer to an H1B transfer. We take this opportunity to explain the concept, though. This should help our readers to avoid misunderstandings as to procedure and requirements based upon the mistaken belief that the H1B is somehow transferable from one employer to the next.
�MurthyDotCom
When a person is on an H1B and plans to change employers, what technically is filed with the USCIS is a new H1B petition, reflecting a change in employment, generally with a request to extend H1B status. Again, with the exception of the foreign national employee, there is nothing that transfers from one employer to the other."
I am tired of echoing the same!
I already posted this in another thread and I will post it again:
I am wondering when people will understand that H1B Transfer does not exist!
Everytime you want to switch employers, a whole new H1 must be filed.
People are always under the impression that because they already hold an H1, then it is easy to get "transferred" to another company.
In this case, the only thing you actually "transfer" is ...yourself and nothing else. The only advantage of already having an H1 is that you don't have to worry about the quota anymore, you are exempted from it.
Since you have to file a new case, approval can never be guaranteed and it is therefore always risky to switch employers (as soon as the new H1 is filed), without waiting for approval. Tricky stuff...
Check this from Murthy.com:
" Among the questions that often reach us, are those regarding H1B status and changing employers that refer to "transferring" the H1B. This term is frequently used, even by some immigration attorneys. The H1B is not actually "transferred" from one employer to another when an individual changes a job, however. We understand what people mean when they refer to an H1B transfer. We take this opportunity to explain the concept, though. This should help our readers to avoid misunderstandings as to procedure and requirements based upon the mistaken belief that the H1B is somehow transferable from one employer to the next.
�MurthyDotCom
When a person is on an H1B and plans to change employers, what technically is filed with the USCIS is a new H1B petition, reflecting a change in employment, generally with a request to extend H1B status. Again, with the exception of the foreign national employee, there is nothing that transfers from one employer to the other."
I am tired of echoing the same!
godspeed
01-13 12:42 PM
sorry for mentioning renewal, disregard that word.
Yes, go ahead and fill out the same form(regardless of the previous AP status), be sure to get the latest form from uscis site.
Thanks for the reply and the blog!
Regarding your answer for question 3 - when you say "renewal" what does it mean? There is just one application form for I-131, so should I simply fill out the same form regardless of whether the previous AP is current or expired?
Yes, go ahead and fill out the same form(regardless of the previous AP status), be sure to get the latest form from uscis site.
Thanks for the reply and the blog!
Regarding your answer for question 3 - when you say "renewal" what does it mean? There is just one application form for I-131, so should I simply fill out the same form regardless of whether the previous AP is current or expired?
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onemorecame
07-27 03:49 PM
Hi,
I Filled 485+EAD+AP in July fiasco with old fee structure, In July 2008 filled AP+EAD with new fees.
Planning to file AP alone for 2009, I read somewhere that if you paid new fee's for AP then you won't get charged next time.
I am not sure whether I need to pay AP fess again this time or not?
Please share your exp
Thanks
I Filled 485+EAD+AP in July fiasco with old fee structure, In July 2008 filled AP+EAD with new fees.
Planning to file AP alone for 2009, I read somewhere that if you paid new fee's for AP then you won't get charged next time.
I am not sure whether I need to pay AP fess again this time or not?
Please share your exp
Thanks
more...
thomachan72
06-09 02:51 PM
Because most of the people here have smoked a weed called CIR and are halucinating. This bill is digging our grave, people wake up and stop day dreaming, please start opposing this bill no cir period.
Now Pitha, imagining you are fighting an oponent more powerful than you, when will you try to throw some blows? when the oponent is down on the ground crying for help, right? when somebody else has brought it down. Thats just what has heppened to the CIR, we all hated this in the form it was presented and now the big bully is down, face in mud. Now the core / our members should get on top and give as many blows as possible so that when it rises again it has a better face.
Now Pitha, imagining you are fighting an oponent more powerful than you, when will you try to throw some blows? when the oponent is down on the ground crying for help, right? when somebody else has brought it down. Thats just what has heppened to the CIR, we all hated this in the form it was presented and now the big bully is down, face in mud. Now the core / our members should get on top and give as many blows as possible so that when it rises again it has a better face.
nixstor
03-22 10:12 AM
I am new to the site and have been reading these posts and I have very little knowledge regarding the greencard processing. But as far as I know, law is not clear in this matter and this results in different interpretations by different people. There is also little scope for any law suit as the State Dept is the ultimate decision maker in these issues. see section 202 of INA Act
"(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed"
>> Good find. I havent noticed this. I will check this. This appears to be be granting immunity against law suits, if not, at least, weakens the claim of lawsuit <<
Also it is not clearly explained if EB categories take preference or country limits have preference over EB categories. The State Department can clearly argue that EB2 is entitled for 28.6% of total EB visas and per country limit does not apply as EB2 category still has unused visas left for use this quarter and they intend to maximize the use of total EB2 visas available. I think we should all stop arguing(because in the end it will not change a thing) about who should get the first chance at Green card and pray for all those friends who have been waiting for years and sincerely hope that their wait ends soon. Instead we should concentrate on how we can help each other and see about how we can improve the process
Initially my understanding was per country limits do not apply only in the final Quarter and PD trumps everything else. How ever, the snip from Nov05 VB says that AC21 modified this and unused visa numbers in any calendar Q can be assigned with out per country limits. You are exactly right. Some one in the line has to get out so that the line moves and people get ahead.
"(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed"
>> Good find. I havent noticed this. I will check this. This appears to be be granting immunity against law suits, if not, at least, weakens the claim of lawsuit <<
Also it is not clearly explained if EB categories take preference or country limits have preference over EB categories. The State Department can clearly argue that EB2 is entitled for 28.6% of total EB visas and per country limit does not apply as EB2 category still has unused visas left for use this quarter and they intend to maximize the use of total EB2 visas available. I think we should all stop arguing(because in the end it will not change a thing) about who should get the first chance at Green card and pray for all those friends who have been waiting for years and sincerely hope that their wait ends soon. Instead we should concentrate on how we can help each other and see about how we can improve the process
Initially my understanding was per country limits do not apply only in the final Quarter and PD trumps everything else. How ever, the snip from Nov05 VB says that AC21 modified this and unused visa numbers in any calendar Q can be assigned with out per country limits. You are exactly right. Some one in the line has to get out so that the line moves and people get ahead.
more...
judemit
07-20 02:40 PM
Q: Can an employer cancel H-1B visa without employee�s knowledge/consent?
A: Yes and remember it is illegal to travel on a cancelled visa.
Could you provide more information/links about the same if you have any...
Thanks in advance,
Jude
A: Yes and remember it is illegal to travel on a cancelled visa.
Could you provide more information/links about the same if you have any...
Thanks in advance,
Jude
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srkamath
07-15 02:29 PM
exactly same thing with me...
It depends on the occupation, obviously for a welder or cook level II will be pretty low. For say a mechanical or electrical engineer or physicist - entry-level position requiring a MS degree the max level will be level II.
For positions requiring PhD or MS+experience it will be Level III or IV.
In conclusion, an applicant for such a position can be classified as EB2 even if wage is at Level II.
Level I can never be EB2.
To get the most accurate information, pls filter only Level I and occupations like cooks, welders, technicians. USCIS has been reluctant to approve EB2 for "computer programmers", they have approved EB2 for other advanced computer-related professions
It depends on the occupation, obviously for a welder or cook level II will be pretty low. For say a mechanical or electrical engineer or physicist - entry-level position requiring a MS degree the max level will be level II.
For positions requiring PhD or MS+experience it will be Level III or IV.
In conclusion, an applicant for such a position can be classified as EB2 even if wage is at Level II.
Level I can never be EB2.
To get the most accurate information, pls filter only Level I and occupations like cooks, welders, technicians. USCIS has been reluctant to approve EB2 for "computer programmers", they have approved EB2 for other advanced computer-related professions
more...
Michael chertoff
03-28 02:28 PM
Hand toasted pizza with tomotto sauce and garlic bread.
Mr. snathan, what is your PD or you already got GC.
Mr. snathan, what is your PD or you already got GC.
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dummgelauft
08-05 03:53 PM
Not Canada - Home (http://notcanada.net/)
Please, people visit hits website before you make any decisions.
I have suffered, and I would like to help others avoid this suffering, if possible.
Please, people visit hits website before you make any decisions.
I have suffered, and I would like to help others avoid this suffering, if possible.
more...
danu2007
06-23 04:49 PM
Called just now..
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Jaime
09-04 04:20 PM
Make the smart decision! March on Washington!
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unitednations
03-24 05:05 PM
Your argument is that the country quotas help limit nepotism and discrimination based on national origin. However, this is already prohibited under DOL rules if you look at form ETA-750A. Therefore, if this is happening, it means there is a failure in the labor certification system to prevent this type of discrimination. Also, nepotism is not all bad as the Clintons and Bushes have been demonstrating :D.
The country quota owes its origin and sustenance to deep national insecurities around race. It will change eventually as the makeup of the nation changes over time. In the short term we will see movement as the UK bumps up against the 7% limit.
Honestly speaking; if the laws were followed the way they were meant to be; it would be extremely, extremely difficult to get h-1b; labor processing and 140's approved.
Right now USCIS, DOL and consulates are really after people. Be careful what you wish for; there are a lot of things under the carpet.
The country quota owes its origin and sustenance to deep national insecurities around race. It will change eventually as the makeup of the nation changes over time. In the short term we will see movement as the UK bumps up against the 7% limit.
Honestly speaking; if the laws were followed the way they were meant to be; it would be extremely, extremely difficult to get h-1b; labor processing and 140's approved.
Right now USCIS, DOL and consulates are really after people. Be careful what you wish for; there are a lot of things under the carpet.
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MannyD
11-08 03:11 PM
Democrats have taken control of senate also...
I don't think that Dems are quite there yet. I thought I saw CNN reporting one seat in Virginia still undecided. This is the seat where Allen's the incumbent. He is trailing by a thin margin, and I suppose there'd be a recount here. It appears Allen may lose his senate seat in Virginia thanks to his infamous utterance. In that case Dems have the majority.
If GOP were to retain majority in Senate and Dems in House, what would be fate of the congress? Will anything pass through both houses?
I don't think that Dems are quite there yet. I thought I saw CNN reporting one seat in Virginia still undecided. This is the seat where Allen's the incumbent. He is trailing by a thin margin, and I suppose there'd be a recount here. It appears Allen may lose his senate seat in Virginia thanks to his infamous utterance. In that case Dems have the majority.
If GOP were to retain majority in Senate and Dems in House, what would be fate of the congress? Will anything pass through both houses?
more...
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poojaimmg
11-01 11:06 AM
I have filed my I-140 through company A and waiting for approval but now I want to get my H1-transfer to non-profit organization(company B). Can I do my H1 transfer to company B and keep my Green card process continue with company A. Also this company B is paying less salary then company A , will this effect my I-485
Also how safe it is to transfer H1 from profit to non-profit organization. What if tommorrow I want to get H1 transfer back to profit organization.
Some people say that H1 transfer for profit organizations fall under H1 transfer cap. Is this true?
My wife is currently with Employer A on her 7th year H-1B which is valid till Sep 2009. She also has her approved labor cert and I-140 from this employer, but decided to continue on my I-485 application. The I-140 however is still valid.
She now wants to change jobs to Employer B using H1 visa transfer. I am guessing she will need to include a copy of approved I-140 with her H1B transfer application. But Employer A is not providing us a copy of the I-140 approval.
Can someone please advise what we can do in this situation? Is a copy of I-140 critical in this situation? Or just a copy of online approved status will be sufficient? Any other ideas?
Thanks!!!
Also how safe it is to transfer H1 from profit to non-profit organization. What if tommorrow I want to get H1 transfer back to profit organization.
Some people say that H1 transfer for profit organizations fall under H1 transfer cap. Is this true?
My wife is currently with Employer A on her 7th year H-1B which is valid till Sep 2009. She also has her approved labor cert and I-140 from this employer, but decided to continue on my I-485 application. The I-140 however is still valid.
She now wants to change jobs to Employer B using H1 visa transfer. I am guessing she will need to include a copy of approved I-140 with her H1B transfer application. But Employer A is not providing us a copy of the I-140 approval.
Can someone please advise what we can do in this situation? Is a copy of I-140 critical in this situation? Or just a copy of online approved status will be sufficient? Any other ideas?
Thanks!!!
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dilbert_cal
03-20 09:17 PM
never worked for "employer x" after H1 transfer, perhaps you are out of status. What is your lawyer saying? You never transferred H1 back to emplyer#2?
H1 doesnt work as you are interpreting. OP was working for 'A' and had a valid H1. At some point of time, he got a job offer from X and had his H1 transferred to X. Even though his new H1 is approved, his old H1 is still valid. It is valid as long as OP doesnt join X. Since the OP never left A and never joined X, he was always in status. OP -> this should be a simple case. Since you have documentation to prove that you were in status always and since you never joined X , you dont have paystubs and that should be perfectly fine as long as you never left A.
H1 doesnt work as you are interpreting. OP was working for 'A' and had a valid H1. At some point of time, he got a job offer from X and had his H1 transferred to X. Even though his new H1 is approved, his old H1 is still valid. It is valid as long as OP doesnt join X. Since the OP never left A and never joined X, he was always in status. OP -> this should be a simple case. Since you have documentation to prove that you were in status always and since you never joined X , you dont have paystubs and that should be perfectly fine as long as you never left A.
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gcnotfiledyet
06-12 03:16 PM
Problems will not go away. Such incidents may happen elsewhere or in the same place.
If Air France was genuine they should have made everyone stay in the same place or atleast talk to theie department of immigration and arrange a temporary supervised visa and take all people to the hotel.
They just did not care
Can't agree with you more. Screw them and never fly with them. Then they will realize what it means. I don't see any issues with on spot transit visas in such circumstances. What if there was a terrorist attack on airport? They will still ask for transit visas for Indians to get outside airport? Best is avoid Europe at all costs and fly direct. Avoid any city in between including middle eastern cities.
If Air France was genuine they should have made everyone stay in the same place or atleast talk to theie department of immigration and arrange a temporary supervised visa and take all people to the hotel.
They just did not care
Can't agree with you more. Screw them and never fly with them. Then they will realize what it means. I don't see any issues with on spot transit visas in such circumstances. What if there was a terrorist attack on airport? They will still ask for transit visas for Indians to get outside airport? Best is avoid Europe at all costs and fly direct. Avoid any city in between including middle eastern cities.
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ujjvalkoul
07-20 04:31 PM
Guys keep in mind before applying for Canadian PR - ur H1 should be > 1 yr valid at the time of appliaction or else Canadan guys willl send it back.
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hsingh82
08-20 12:26 PM
Canada rules are not complicated at all. You don't need any agent for doing paperwork.
Either you are eligible or not.
I agree.
Either you are eligible or not.
I agree.
wellwishergc
03-19 11:27 PM
First of all, the interpretation of the new provisions itself is subjective. Different interpretations, corrections, amendments to interpretations, etc will lead to another mess, after the provisions pass into law. As you already know, IV volunteers are currently researching on the hard country allocation issue, which may arguably worsen the retrogression for Chinese/Indians.
Let us assume that we are still able to pass the final provisions including the provision for amended soft country allocation. Imagine the number of applications that will flood the USCIS if the priority dates are adjusted to allow for all the eligible applicants. Do you foresee another backlog formation similar to the backlog centers that were formed for reducing labor applications and the mess they are in, currently?. Please note that the staff for USCIS will not increase, atleast for the next 1 year, until they figure out the volume of applications created with the new law and identify the magnitude of the staff shortage.
Even though I do feel that the existing retrogression will ease, if the provisions under consideration are passed into law; however USCIS will still keep some form of retrogression to control the flow of applications, especially for the EB3 category. In such a scenario, it is preferable that the USCIS allows the 485 filing and provides the EAD. EB3 applicants will be better off knowing that their 485s/EADs are in process/available, while waiting for the GC. So, even if the Eb3 applicant has to wait for 2-3 years (instead of the current 5 years) to get his final GC, he is atleast not dependent on his current employer.
I think, 485 filing ability is critical to the plight of EB3 applicants.
I don't believe you are right. Cut-off dates are not established based on the USCIS workload and its staffing, but rather on the predicted balance between demand for and supply of GCs. Therefore if worst comes to worst we will see a backlog at the USCIS level again, ie their processing time will go way beyond today's 6 months. BUt if the DOS believes that they have enough GC available to meet the demand in each and every particular quarter they will adjust cut-off dates accordingly.
Let us assume that we are still able to pass the final provisions including the provision for amended soft country allocation. Imagine the number of applications that will flood the USCIS if the priority dates are adjusted to allow for all the eligible applicants. Do you foresee another backlog formation similar to the backlog centers that were formed for reducing labor applications and the mess they are in, currently?. Please note that the staff for USCIS will not increase, atleast for the next 1 year, until they figure out the volume of applications created with the new law and identify the magnitude of the staff shortage.
Even though I do feel that the existing retrogression will ease, if the provisions under consideration are passed into law; however USCIS will still keep some form of retrogression to control the flow of applications, especially for the EB3 category. In such a scenario, it is preferable that the USCIS allows the 485 filing and provides the EAD. EB3 applicants will be better off knowing that their 485s/EADs are in process/available, while waiting for the GC. So, even if the Eb3 applicant has to wait for 2-3 years (instead of the current 5 years) to get his final GC, he is atleast not dependent on his current employer.
I think, 485 filing ability is critical to the plight of EB3 applicants.
I don't believe you are right. Cut-off dates are not established based on the USCIS workload and its staffing, but rather on the predicted balance between demand for and supply of GCs. Therefore if worst comes to worst we will see a backlog at the USCIS level again, ie their processing time will go way beyond today's 6 months. BUt if the DOS believes that they have enough GC available to meet the demand in each and every particular quarter they will adjust cut-off dates accordingly.
gvarghe
09-25 10:21 AM
This is my first post in this forum, only because I am seeing this Fragomen thread. I had a very bad experience, while working with a 'so called "reputed" India's largest software company' . Fragomen handled my L1 extension for this company, there was an RFE on a simple matter, but they took the whole time provided in RFE deadline to respond to the RFE. Finally when they responded, they responded to USCIS with the supporting documentation of some other employee. USCIS immediately denied my L1 extension petition, and I had to pack up and leave the country in a gap of 1 week. This Fragomen lawyers or paralegals have no concern or not even rendered an apology on this fiasco.
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