gccovet
06-17 04:08 PM
Hi GCCOVET,
What will happen in the below scenario
Company A sponsered GC, 140 approved and 180 days passed filing 485
if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job?
Thanks,
Krishna
ss205 answered the question correctly (in my opinion).
GCCovet
What will happen in the below scenario
Company A sponsered GC, 140 approved and 180 days passed filing 485
if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job?
Thanks,
Krishna
ss205 answered the question correctly (in my opinion).
GCCovet
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vbkris77
02-04 11:30 AM
DoS is going to waste visas.. Either they are doing it knowingly or stupidly.
But the underlying fact stays same... They can conservative all they want..
What I don't understand is their rationale in being hellbent on not understanding ground
realities.
If they waste, I think we should sue them being racists because the beneficiaries are all Asians..
I think you are making too much out of it. All they have said is 2987 per country. Below they do mention it flows from E1 to E2 to E3. Do you seriously think that they are going to say exactly how much the spill over is?
But the underlying fact stays same... They can conservative all they want..
What I don't understand is their rationale in being hellbent on not understanding ground
realities.
If they waste, I think we should sue them being racists because the beneficiaries are all Asians..
I think you are making too much out of it. All they have said is 2987 per country. Below they do mention it flows from E1 to E2 to E3. Do you seriously think that they are going to say exactly how much the spill over is?
dish
03-23 11:46 AM
Is the talent bill already introduced in the senate ?
TALENT Bill
A bill to Keep America Innovative �Through the Advancement of Legal and Educated New Talent�
H-1B and Nonimmigrant Visa System:
� Exempts U.S. Educated Knowledge (USEK) workers with advanced degrees from the H-1B cap. (�101)
� Restores H-1B1 visa numbers to the overall cap. (�201)
� Creates a market-based H-1B cap where unused visas fall forward annually. (�201)
� Establishes a �W� visa for professionals as a first step to permanent residence that permits entry or change of status to the new nonimmigrant category under the condition that the employer files a labor certification or immigrant petition within 18 months of initial admission. (�201)
� Eliminates 214(b) for certain non-immigrants. (�203)
� Extends foreign students� post curricular OPT to 24 months. (�203)
Employment-based Immigrant Visa System:
� Revises the current EB-1, EB-2, EB-3 and EB-4 worker preference categories, exempting an expanded EB-1 group from the EB cap, including USEK workers who have earned an advanced degree. Additionally, exempts the expanded EB-1 group from the requirement of labor attestation. (�102)
� Subjects the revised EB-2 and EB-3 group of workers to the annual cap and either labor attestation without recruitment or labor attestation with recruitment. (�102)
� Subjects the revised EB-4 group of workers to the annual cap and labor certification. (�102)
(OR in the alternative)
� Exempts USEK workers with advanced degrees from the EB cap. (�102)
� Exempts USEK workers with advanced degrees from the labor certification requirement. Recognizes that American employers need to hire the best-qualified personnel, and not just �minimally qualified� labor, to remain competitive. (�102)
(AND)
� Creates a market-based EB cap where unused visas fall forward annually, and exempts EB-1s, while eliminating per-country quotas. (�202)
� Includes reconciliation language that allows those pending in the EB backlogs to file for an immigrant petition, without regard to the EB cap. Such an adjustment of status application could not be approved until a visa became available. (�102)
� Exempts EB immigrant spouses and children from the cap. (�202)
Additional �Band-Aids�:
� Requires a pre-certification processing system for petitions. (�301)
� Enforces AC21 30 day and six-month processing times. (�301)
� Extends L-1 status in one-year increments for those caught in the EB backlogs. (�302)
� Provides for continued work authorization and travel upon a timely filing of a renewal application to extend authorization for 240 days. (�303)
� Permits work authorization for spouses of specialty occupation (H-1B) professionals. (�201)
TALENT Bill
A bill to Keep America Innovative �Through the Advancement of Legal and Educated New Talent�
H-1B and Nonimmigrant Visa System:
� Exempts U.S. Educated Knowledge (USEK) workers with advanced degrees from the H-1B cap. (�101)
� Restores H-1B1 visa numbers to the overall cap. (�201)
� Creates a market-based H-1B cap where unused visas fall forward annually. (�201)
� Establishes a �W� visa for professionals as a first step to permanent residence that permits entry or change of status to the new nonimmigrant category under the condition that the employer files a labor certification or immigrant petition within 18 months of initial admission. (�201)
� Eliminates 214(b) for certain non-immigrants. (�203)
� Extends foreign students� post curricular OPT to 24 months. (�203)
Employment-based Immigrant Visa System:
� Revises the current EB-1, EB-2, EB-3 and EB-4 worker preference categories, exempting an expanded EB-1 group from the EB cap, including USEK workers who have earned an advanced degree. Additionally, exempts the expanded EB-1 group from the requirement of labor attestation. (�102)
� Subjects the revised EB-2 and EB-3 group of workers to the annual cap and either labor attestation without recruitment or labor attestation with recruitment. (�102)
� Subjects the revised EB-4 group of workers to the annual cap and labor certification. (�102)
(OR in the alternative)
� Exempts USEK workers with advanced degrees from the EB cap. (�102)
� Exempts USEK workers with advanced degrees from the labor certification requirement. Recognizes that American employers need to hire the best-qualified personnel, and not just �minimally qualified� labor, to remain competitive. (�102)
(AND)
� Creates a market-based EB cap where unused visas fall forward annually, and exempts EB-1s, while eliminating per-country quotas. (�202)
� Includes reconciliation language that allows those pending in the EB backlogs to file for an immigrant petition, without regard to the EB cap. Such an adjustment of status application could not be approved until a visa became available. (�102)
� Exempts EB immigrant spouses and children from the cap. (�202)
Additional �Band-Aids�:
� Requires a pre-certification processing system for petitions. (�301)
� Enforces AC21 30 day and six-month processing times. (�301)
� Extends L-1 status in one-year increments for those caught in the EB backlogs. (�302)
� Provides for continued work authorization and travel upon a timely filing of a renewal application to extend authorization for 240 days. (�303)
� Permits work authorization for spouses of specialty occupation (H-1B) professionals. (�201)
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nat23
10-29 02:57 PM
I would wait to see the text of the Bill before coming to any conclusion.
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pappu
07-28 11:29 AM
Old wine in a new bottle ---- this idea was actively discussed couple of months back. Many people committed to this type of contribution.
Let us see next month when EB2I will start getting lot of approvals. How many IV members contribute once they get GCs.
Let us see next month when EB2I will start getting lot of approvals. How many IV members contribute once they get GCs.
snathan
08-26 09:02 PM
Hi folks,
Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.
Your help is greatly appreciated.
Many thanks in advance
Unfortunately your current job experience can not be used for the GC process. If you want to start the EB2, you need to find job
Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.
Your help is greatly appreciated.
Many thanks in advance
Unfortunately your current job experience can not be used for the GC process. If you want to start the EB2, you need to find job
more...
ivuser9
04-09 04:05 PM
I think we can be on one visa at any given point of time. either use EAD or H1B.. gurus please clarify
:confused:
:confused:
2010 Now to add emoticons and
casinoroyale
01-26 12:13 PM
Thanks casinoroyale, this is a good idea. Will make the change to display complete heading in the 'Recent forum posts' when you scroll your mouse on top of the heading of the post of the homepage.
Thank you. Is it possible to just increase the length or wrap it instead of displaying "Tooltip" when the user mouse-overs it?
Thank you. Is it possible to just increase the length or wrap it instead of displaying "Tooltip" when the user mouse-overs it?
more...
starving_dog
10-17 06:31 AM
It took me 6 days to get my approval and about another week to get the card in the mail. This happened in September of this year and I was registered in the Texas Service Center.
That is assuming that you have gone through your biometrics appointment.
That is assuming that you have gone through your biometrics appointment.
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fide_champ
04-09 08:17 AM
My labour was filed in RIR on March 2005 and got approved on August 2006.
The employer filed for a I-140 in November 2006.
But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.
Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).
But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.
My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.
December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.
Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.
QUESTION:
1. Am I technically Out of Status?
2. If yes from when precisely?
3. Is there any chances of applying a new H1B in premium processing?
4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?
Adding salt to the wound I have one more situation here.
I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).
I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?
Is there any Same Day passport service at SFO Indian Consulate?
Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.
Please GURU's I am eagerly waiting for some +tive notes.
Thanks
Find another attorney who is knowledgable. I have been in similar situations like these and i know how it feels. The employer should be held resposible for all the mis-haps.
WHat happened to your first I140?
You are techically in-status as your H1-B is still under processing.
As for your passport renewal, the H1-B receipt should be good enough to prove that you are in status. I think the indian consulates allow you to renew passport a year before the expiry date so you actually missed renewing well before your H1 expired. But anyway there is no way out now as you have to send the receipt and pray that they accept that as a proof.
The employer filed for a I-140 in November 2006.
But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.
Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).
But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.
My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.
December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.
Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.
QUESTION:
1. Am I technically Out of Status?
2. If yes from when precisely?
3. Is there any chances of applying a new H1B in premium processing?
4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?
Adding salt to the wound I have one more situation here.
I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).
I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?
Is there any Same Day passport service at SFO Indian Consulate?
Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.
Please GURU's I am eagerly waiting for some +tive notes.
Thanks
Find another attorney who is knowledgable. I have been in similar situations like these and i know how it feels. The employer should be held resposible for all the mis-haps.
WHat happened to your first I140?
You are techically in-status as your H1-B is still under processing.
As for your passport renewal, the H1-B receipt should be good enough to prove that you are in status. I think the indian consulates allow you to renew passport a year before the expiry date so you actually missed renewing well before your H1 expired. But anyway there is no way out now as you have to send the receipt and pray that they accept that as a proof.
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chanduv23
09-17 02:03 PM
You have company Andy. How old are you?
We now have Toddlers and Senior citizens doing the rally so why are the young energetic folks sstill deciding ???
We now have Toddlers and Senior citizens doing the rally so why are the young energetic folks sstill deciding ???
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rjgleason
February 27th, 2004, 07:45 AM
I cannot possibly comment bob...
but I do get noticed in this country...
hehe
http://www.dphoto.us/forumphotos/data/500/15128T3300-med.jpg
Sure you can...........and sure you do.
but I do get noticed in this country...
hehe
http://www.dphoto.us/forumphotos/data/500/15128T3300-med.jpg
Sure you can...........and sure you do.
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fide_champ
03-04 05:10 PM
Is there anything i can do on H4 visa??
Enjoy life at home :-)
Enjoy life at home :-)
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qualified_trash
01-30 12:28 AM
why did they revoke it after approving it?
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amitps
09-23 09:32 PM
I am a 7/27 filer and my checks got cashed on Friday. So, do not worry there are a lot of people who have not got their notices.
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JeffDG
01-23 07:38 AM
Thanks for the reply! That was very helpful .
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Yes. If you are CP, you must intend to work for your sponsoring employer. That does not mean you need to work for that employer in India, but when you receive your GC, you have to work for the sponsor.
You can file an I-485 later if you wish, even if you are in the CP queue...if you enter the US in a way that permits AoS...that is, I don't think you can enter on a B1 tourist visa, then file AoS, but if you can get an H1b, you will be fine to file I-485.
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Yes. If you are CP, you must intend to work for your sponsoring employer. That does not mean you need to work for that employer in India, but when you receive your GC, you have to work for the sponsor.
You can file an I-485 later if you wish, even if you are in the CP queue...if you enter the US in a way that permits AoS...that is, I don't think you can enter on a B1 tourist visa, then file AoS, but if you can get an H1b, you will be fine to file I-485.
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sarasuva
01-30 12:37 AM
My employer says that USCIS confused with another employer with the same name who is not funcioning from 2003(Or this guys would have given their old Licence number of 2003 to USCIS while applying I140 which was overlooked by USCIS while approval). On this confusion they 'Intent to revoke'.My employer has sent the current licence they have to USCIS. So we are waiting for the decision. But I did not see the 'Intent to Revoke' letter myself. They are not sending it too. So i am nervous and thinking of other options.
USCIS site says that additional documents has been received and they will make a decision soon.
USCIS site says that additional documents has been received and they will make a decision soon.
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s416504
02-04 03:48 PM
You should contact your lawyer & ask USCIS to amend your H1 for 3 years instead of 1 year. One time My H1B got approved but USCIS forgot to add up vacation time then My Lawyer contacted USCIS officer to amed that time. Later got new H1B approval with correct date.
I think that will give clear idea if USCIS not finding you I140?
My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.
I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.
I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.
its the same co. which filed my I-140 & I-485.
I think that will give clear idea if USCIS not finding you I140?
My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.
I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.
I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.
its the same co. which filed my I-140 & I-485.
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redelite
08-20 01:33 PM
Okay so here is my first draft of the YA RLY owl..
http://www.kirupa.com/forum/attachment.php?attachmentid=47604&stc=1&d=1219253829
I think I tried to be a little too detailed though :-/
http://www.kirupa.com/forum/attachment.php?attachmentid=47604&stc=1&d=1219253829
I think I tried to be a little too detailed though :-/
dhirajgrover
10-16 12:26 PM
- 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
- Would I get the fingerprinting notice directly or would my employer receive it?
- What other formalities would be left after (assuming) 485/765 are approved?
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
- Would I get the fingerprinting notice directly or would my employer receive it?
- What other formalities would be left after (assuming) 485/765 are approved?
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
snram4
01-09 07:49 PM
First of all CIR means it will take care of potential immigrants at the same time gives protection to US workers. Everyone thinks that CIR is just giving benefit for illegal and legal immigrants. But american people wanted both ways. For legailizing illegal immigrants people want future illegal immigration should be stopped that is enforcement. Pro immigrants does not like enforcement even after legailizing 12 million illegal immigrants and trying to dilute and also by putting the condition that we need more guest workers also.
Similarly our legal immigrants group want unlimited H1b and green card. They do not care about past american workers. Lawyers want more business and Corporations want easy access to low paid and highly intelligent and young workers and will be interested in getting rid of high paid persons. So they are making a big noise even because of H1B restriction though there are so many benefits in EB reform in Guitierez Bill. Because of H1b restriction only low paid H1bs and also bodyshoppers will be impacted. Really high skilled people will not have any impact as all of the restrictions can be easily met by them.
this is a fair analysis..... gutierrez doesn't care for anyone as long as there is a provision for legalization...... he doesn't care for family unity either.... he just wants "legalization"...... but he could have done this without walking on me & beating me down.... in that sense it could it be interpreted that gutierrez is a jerk.... & like grassley..... he hates people like us.....
Similarly our legal immigrants group want unlimited H1b and green card. They do not care about past american workers. Lawyers want more business and Corporations want easy access to low paid and highly intelligent and young workers and will be interested in getting rid of high paid persons. So they are making a big noise even because of H1B restriction though there are so many benefits in EB reform in Guitierez Bill. Because of H1b restriction only low paid H1bs and also bodyshoppers will be impacted. Really high skilled people will not have any impact as all of the restrictions can be easily met by them.
this is a fair analysis..... gutierrez doesn't care for anyone as long as there is a provision for legalization...... he doesn't care for family unity either.... he just wants "legalization"...... but he could have done this without walking on me & beating me down.... in that sense it could it be interpreted that gutierrez is a jerk.... & like grassley..... he hates people like us.....