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HV000

02-15 02:08 PM

Some of the important recommendations have NOT been addressed by USCIS.

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veni001

09-07 11:29 AM

Hi,

Currently I am in US in H1B and my I-94 is expires in Sept 30 2010 and there is an extension filed for my H1.

In the mean time I want to file I-130 and I-485 based on my brothers citizenship.
Whether the status will change before sept 30 2010? Also if I leave US whether the application will be still valid and how much time it takes to get an approval for both?

Thank You,
Anil


Family 4th preference is retrogressed by a decade ( or two if you are from Philippines), so you may have to wait another 10 years to be eligible to file i-485.:confused:

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waitingnwaiting

05-20 11:01 AM

Why do you want Attorney in CA.

Any attorney in any state can take any case in any state

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rkumar28

07-30 01:16 PM

Hi Experts,

I will really appreciate any reply on this.

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QuickGreenCard

09-29 10:26 PM

Guys,
I am currently working as Programmer Analyst for a company who is currently doing the GC. I have been with them for about 7 years.

Starting next month I am going to use my H1 7th year.

I am pondering about a new offer Firmware Engg. My GC detaisl are below:
PD: 06/2003 -- EB3
Education: MS

I am planning to stay in H1B, if possible with the new employer. But thinking of doing PERM and see if I can port my earlier date during I-140 filing.

Any suggestions or recommendations ...

Thanks

Srini

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JazzByTheBay

09-16 03:19 PM

to see you chime in... it's WHAT IV WANTS... :)

jazz

U will get a lot of what you want :)

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JazzByTheBay

08-21 11:27 AM

No time for posting updates.. it's like when you're really busy on a project and asked for daily/weekly status updates.... :)

jazz

Any word yet on the Processing Dates.

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immilaw

09-28 02:47 PM

I'm a mechanical engineering and also have an MBA degree.
I work as a support engineer.
My lawyers tell me that I cannot apply in EB2, since my Post grad degree is unrelated to my grad degree and so does not apply to my job.

Is this true?
Can I not file in EB2?

If you can justify that the minimum requirements for a SUPPORT engineer is a MBA then you can go for EB-2. Else it will be EB-3.

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monkeyman

10-09 09:53 PM

U R better off rescheduling your mexico appointment - its something that could be done within next 3 to 4 months for sure. The problem of rescheduled FP is, it kind of throws your case in the back and based on ASC's load, it might take them upto an year or more (think 800,000) for them to put you in again.

Its just my opinion based on my conversation with my lawyer - since we were in S. Africa and my lawyer notified me about the FP and my lawyer blurted out what I said above.

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sdrblr

05-02 09:33 PM

you are nobody to the middle vendor and he has no contract or anything with you. Whether he pays your employer or not is none of your business... it is for those two to figure out.

Legally your employer has to pay you whether he is getting paid or not. If you want that $$$ complain against your employer before he closes the shop and files bankruptcy.

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kirupa

08-16 11:28 AM

That seems really nice! I haven't actually messed around with the DWM, so I was actually hoping you could provide some tips instead :P

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Blog Feeds

05-24 06:00 PM

On May 18, 2009, the Texas Senate passed a bill requiring Sheriffs or any other officers in charge of a correctional facility, to determine the “citizenship status” of all convicted felons. The bill, S.B 2584, amends Chapter 2, Code of Criminal Procedure, by adding Article 2.245. If a defendant has been convicted of a felony under Title 5 (Offenses Against the Person), Penal Code, Title 6 (Offenses Against the Family), Penal Code, Title 7 (Offenses Against Property), Penal Code, Chapter 43 (Public Indecency), Title 9 (Offenses Against Public Order and Decency), Penal Code, Chapter 45 (Weapons), Title 10 (Offenses Against Public Health, Safety, and Morals), Penal Code, and Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, the sheriff or officer will make a reasonable effort to determine the defendant’s “citizenship status”. If the sheriff has reason to believe the defendant is a foreign national, within 48 hours after the defendant is received at the correctional facility, the sheriff or officer will contact the Department of Homeland Security (DHS) to verify the defendant’s immigration status. The bill becomes effective September 1, 2009.

The bill places “sheriffs or other officers in charge of a correctional facility” in the role of immigration agents. The sheriff or officer now has another duty, to determine whether defendants have lawful status. The bill is available at Texas Legislature Online (http://www.legis.state.tx.us/BillLookup/Text.aspx?LegSess=81R&Bill=SB2584).



More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/JWqdww_CAIU/)

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unseenguy

06-08 08:45 PM

Hi Guys,
I was reading another thread and a question came to my mind..

I entered in US on AP and got the I-94 with the validity date as my AP date. Now my AP is going to expire and I am not going to travel anywhere any time this year. So just wondering what will happen when the I-94 is expired. Do I have to get it renewed from somewhere or just dun worry about it. or do I have to apply for a new AP.

Can anyone can shed some light on this situation?

If your AP expires, renew it. Dont worry about I-94

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Prashanthi

08-13 12:47 PM

All,

My 4 years and 2 months on H1B will finish in this November and we are in the process of applying for an extension. I have my 140 approved and waiting for my priority date to become current.

Can I apply for 3 years extension based on my 140 approval? or do I have to apply for 2 yrs extension to finish my 6 yrs first and then eligible to apply for 3 more years (if my priority date is still not current by then?). My HR is under the second impression (2 yrs and then 3 yrs).

Also, please can you specify the USCIS rule under which it is applicable?

Thanks,
M.


You can apply directly for a 3 year extension based on your I-140 approval.

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sledge_hammer

07-01 08:54 PM

^^^^

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delhibaba

07-24 05:04 PM

I am about to switch to a new employer using AC21 and would work on EAD. I still have more than 2 years on my current H1B (i.e. I'm on 4th year right now).

Can I re-use my remaining H1B in case I need to in future? Because in case my I-485 gets a denial (which shouldn't be the case) I would be out of status!

My case:
sub-labor, 140 approved, I-485 pending for more than 1 year now.

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payal_nag

02-26 06:03 PM

Thank you for the response. I correct myself, I shouldn't say Visa. I mean Approval Notice. With the approval notice in hand which is effective May 2007, can I switch employers before that and get a transfer of H1 for the 3 years based on that or will I have to wait till May? Thanks!

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Blog Feeds

08-21 02:50 PM

Immigration Law Headlines Has Just Posted the Following:




More... (http://www.ilw.com/immigrationdaily/news/2010,0820-fees.shtm)

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thesparky007

04-01 12:31 AM

lol knew it!
last year's was wayyyyyyyyyy better........

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sam5

09-11 11:45 AM

I am about to file for my 7th year extension with I140 approval. My contract will be renewed with end client, every 6 months and they will not provide me with any client letter, basing on their HR policies. Even if the client gives a letter it will show only a contract for 6 months. Is this needed, that I should produce a client letter for 3 years? My concerns are
1. My primary concern is will the 6 months project length effect my extension for 3 years. Will they extension basing only on the length of the project.
2. Do I need to mention the project length in the letter given by my employer on behalf of client
3. what are the documents relating to client, needs to be submitted for the extension. (I will not be able to produce the client letter, as they are not willing to give)
4. Can I take a letter from vendor, who is in between my employer and the end client. What should be clearly stated in this vendor letter. Is this necessary to mention the project lenght in this letter.

Appreciate your help in filing for the extension

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vina92

02-26 07:35 PM

http://www.cnbc.com/id/17347835

This is a completely different segment from what you guys mentioned. The link you posted happened on 2/16 and this is another fresh discussion, which happened today.

Sue Herera seems to really bring on immigration discussions a lot.

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hopefull

05-25 12:28 PM

www.notcanada.com


Its blatant racism here. THe population is aging and the government makes a big chunk of money via immigration fees.

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Wendyzhu77

07-16 06:24 PM

what are you smoking today??

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ezee

08-16 01:49 AM

What use is this thread? How does it serve the purpose of IV. I see emotions flaring up time and again with every "incident" that media sensationalizes. Its high time administrators here took control of our messaging otherwise anti-immigrants are soon going to pounce on this. I sense an under-current of hatred in some posts as well. I am going to stop coming here if this mindless stuff does not get stopped from being posted. Personally I don't even think that forum should be on the home page.

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paskal

12-13 05:40 PM

Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.


in a nutshell:

an end to retrogression for all
increased GC quota
removal of per country quota
efficient processing of applications

the per country quota issue is only one among the measures
we cannot focus exclusively on that because our goal is an end to retrogression for ALL. it does remain though, one of our goals in the package because we believe it is fundamentally unfair and should not be apart of a skilled immigration program.

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lazycis

02-13 12:03 PM

Lawsuits do work. Apparently nobody checked the links I posted on page 1 so here are a few examples:

USCIS Settlement Notices and Agreements

American Baptist Churches v. Thornburgh (ABC) Settlement Agreement

Barahona-Gomez v Ashcroft

CSS

LULAC (Newman)

Ngwanyia v Gonzalez (Asylee Adjustment Case)

Notice of Proposed Settlement Agreement and Hearing in Kaplan, Et Al. v. Chertoff, Et Al., Civil Action No. 06-5304 in U.S. District Court for the Eastern District of Pennsylvania

Notice to Persons Whose Naturalization Applications Were Denied by the Seattle, Spokane or Yakima Immigration Service

Proyecto San Pablo v INS

Ramos v Chertoff (02 C 8266, Northern District, Illinois)

Walters v Reno


Settlement Agreement Signed! Details available by clicking here. --2/9/05
IMPLEMENTATION OF NGWANYIA (ASYLEE ADJUSTMENT CASE) SETTLEMENT AGREEMENT Ngwanyia v. Gonzales, No. 02-502 (RHK) (D. Minn).
If you were granted asylum in the United States and have a pending application for adjustment of status, this settlement applies to you. Please refer to http://www.uscis.gov/files/article/NgwanyiaVGonzales.PDF In recent years immigration law had allowed only 10, 000 asylees per year to adjust their status to Lawful Permanent Residents. Under the settlement agreement, United States Citizenship and Immigration Services (USCIS) will process an additional 31,000 asylee adjustments during the next three years. During fiscal year 2005, ending September 30, 2005, USCIS will process 8,000 of the additional 31,000, bringing the total number adjusted for the year to 18,000. USCIS will process at least 8,000 of the 31,000 during fiscal year 2006, (October 1, 2005 to September 30, 2006) with the remaining additional applications being processed in fiscal year 2007 (October 1, 2006 to September 30, 2007). The settlement also provides that asylees who have a pending application for adjustment of status may renew their employment authorization document (EAD) by requesting a multi-year EAD with a validity of up to five years. The multi-year EAD must be prepaid for the number of years requested. The cost of the multi-year EAD will be less than the cost of annual renewals by at least $20 per year. A requests for a fee waiver, if applicable, may be made pursuant to 8 C.F.R. � 103.7(c) Cost of multi-year EAD: 1 year card - $175.00 2 year card - $330.00 3 year card - $485.00

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gsc999

09-30 12:21 PM

I have done a lot of research on this :::

A good option is if you try and get a job in Detroit, MI. You can then live across the border in Windsor, ON and commute daily between Canada and US.Windsor is basically suburb of Detroit right across from Detroit river ex like Mumbai and Navi Mumbai, Hyderabad and Secundrabad etc.

This way you get best of both worlds

1) You keep H1B visa and US GC going.
2) You earn in US $ and can avail of US job opportunity.
3) You can earn time towards maintaining Canadian PR and Canadian Citizenship.

Disadvantage

1) This option is limited to getting a job/transfer in Detroit Metro area.
2) Some days there may be delay at border if US is on high alert, so you need to be conservative and add time for border inspection to your commute.
3) You have to file taxes in both US and Canada (but its not double taxes).
---
Thanks for the good info. But there is some talk of implementing passports for travel between Canada and US for security reasons. This parameter should be part of the SWOT analysis also. See below for the excerpt of actual news story:

Canadians shouldn't get too excited by Congress's decision to push back the Jan. 1, 2008, deadline requiring passports for all travellers entering the United States, Washington's top passport official warns.

The new deadline of June 1, 2009, passed yesterday, is only the last possible date to implement the controversial plan, according to Frank Moss, the deputy assistant secretary for passport services in the U.S. State Department. And it could be, in fact, "significantly earlier."

"The sooner it is done the better in terms of travel security," he said. "Don't think 'Oh, 17 months delay. I don't have to do anything about this.' Nothing's changing. It could very well be sooner than that and it will certainly change much sooner than that in terms of air travel to the United States."

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dealsnet

05-18 01:42 PM

It is not good to put fake identity in any forums. The guy (MARPHAD) pointed out have a good civic sense. Here admins are not paid. They have jobs, and not always watching people. This site is for every one. So the members have an obligation to find out the fake, anti immigrants. He may not be anti immigrant, but he have fake identity. So if you not correct, and going in wrong path, some one may point out to you. Do not expect you need or only obey a Police to get a direction. Grow up guys.

How has panini's profile in THIS THREAD got anything to do with immigration? this is NOT an immigration related thread. If you should police a person's profile in an immigration related thread no one would object, but this is the wrong thread. And isn't the default changeability the US ? Your accusations are pretty strong and doesn't seem to have any backing; what are the rumors that he has been spreading ? anti immigrant ???

If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.

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Rohan99

07-28 01:03 AM

One way to know the truth will be..
Inform immigration law enforcement authorities about next Amway meeting place and tell them that H1B visa holders are doing illegal work... I am sure we will have some extra visa numbers


Sure with dead bobhead braincells of yours, nobody expects your self image to be high enough. Its not for wimps wearing zippers to the side like you. If you are man enough come and talk to me, and will see who gets handcuffed.

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jonty_11

07-25 02:14 PM

I agree with you 100%, this change was made by Congress in attempt to reduce the backlog.

Think about it in terms of Congress, it was under a lot of pressure from high skilled workers and from companies like Google and Bill gates who argued for more number of visas. No offense to any EB3 category, but we all know, EB2 are the ones which have earned a higher skilled education from this country.

(Now please don't start any debates on EB2 or EB3, I didn't make any distinctions and it has no relevance.)

For Congress to somehow act, they made the change in movement of visa numbers, and geared more towards EB1/EB2, to reduce the backlog among EB2 category. This will eventually lead to roll over of visa numbers from EB2 to EB3.

Advantage? High skilled workers who have attained a Masters degree from
U.S., now will see a reduce in backlog.

This recent change in the flow of visa numbers, acknowledges all these problems. We all know, who ever takes over the next presidential elections, will not issue something right away, it will take a few months.

This change buys time and greatly reduces the backlog among EB2, eventually for Eb3 as well. The new process makes much more sense and I don't think this change will revert to its original movement (back to vertical flow)
A correction -
there are many who are not Masters from US but can apply under EB2...i.e. BS + 5 years Experience. (Even those who can prove their International MS degree is Equivalent to US degrees can qualify for MS + 3 years and hence EB2)

Important point to note is that - It is the Job requirements that makes ur GC application EB2 or EB3 and not your qualification..

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sachug22

09-24 06:40 PM

If you see the number of application pending in EB2 ROW for 2007 and 2008 they are huge compared to previous years somewhere in hundereds which can mean having the above said issues. The number of applications related to the above mentioned issues cannot spike significantly in just 2007 and 2008. Either the data is old and can mean that these applications are processed and approved and we wait until the new data is posted.

You can compare this with the PERM data. PERM data has very low EB2 ROW application in a given year and hence has always remained current.

Is my assumption correct?

CIS files your application until its time to process. Check the processing dates for Texas and Nebraska service center they are still in second half of 2007. So these applications are filled and waiting for the processing dates to move forward.

I am not sure if any of your application was delayed due to CIS processing delays, but if they have limited resources they have to go sequentially in order of receipt date (and at time simple approvals AP/EAD could take 4-6 months).

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_TrueFacts

09-04 11:09 PM

From TOI: http://immigrationvoice.org/forum/newreply.php?do=newreply&noquote=1&p=841163

Authored way back in 2004

says:Mr. Iyer’s account should be an eye-opener for those who believed that the TDP lost in Andhra because its programmes had no human face. The face of YSR unmasked by the author is that of a monster and the way the man has worked his way up to become the Chief Minister shows the farcical character of Indian democracy. We wish Sonia Gandhi and Dr. Manmohan Singh spare time to go through this account to know the breed of the horses the Congress party had been backing in the electoral race. It is hard to believe that with the intelligence network at their disposal they were unaware of the criminal background of the man who succeeded Chandrababu Naidu. When we compare the two characters, one the promoter of E-governance and the other the promoter of heinous crimes and corruption we get the uneasy feeling that in India democracy is being raped rather than respected. Leave Andhra alone. Even the Lok Sabha is dominated by criminals whose only qualification is that they are not yet judicially convicted. There is Soren, the Mining Minister, charged for murdering 10 persons in 1975 awaiting to be arrested and hand-cuffed by the Police. Then, of course, we have a number of charge-sheeted under-trials set free on bail including the great Lalu who are Cabinet ministers. Obviously, under compulsion of coalition politics, Dr. Manmohas Singh has no control over these ministers. Depending on the numerical strength of their parties in the Lok Sabha, they dare come out with their own policy announcements every now and then taking the approval of the Prime Minister and the concerned Cabinet Committees for granted on the plea that their decisions were within the confines of the CMP directly or by implication. Paswan’s policy regarding control over production, pricing and distribution of steel, Lalu’s announcement to have Godhra carnage investigated again, DMK coercing the UPA Govt, to release Cavery water for Tamil Nadu, Chief Minister of Andhra (YSR) announcing 5 per cent reservation for Muslims, Chief Minister of Punjab legislating against Sutlej-Yamuna canal project are some of the examples to show that the UPA Govt. is virtually sitting on the edge. On top it, there is the Left occupying the driver’s seat commandeering the UPA Govt. We have a feeling that this Govt. is living on borrowed time and might fall sooner than later..: Sharad C. Misra.
[20 Jul, 2004 1737hrs IST]

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Googler

02-15 01:49 PM

Yup Paskal I have a dug a little deeper. Although this case is about DV visa it is very similar to our Visa recatpure situation.

http://64.233.167.104/search?q=cache:yJNFLn-AtcsJ:vls.law.vill.edu/Locator/3d/Jan2004/031075p.pdf+court+order+immigrant+visa+number&hl=en&ct=clnk&cd=7&gl=in

Dvb, did you read the ruling? It denies relief and says that:

"We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
year, our analysis may have been different."

So this case is not helpful to us, though it is good for us to be aware of its existence.

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Marphad

05-12 01:32 PM

Yes, I have seen this and more than enough LTTE sponsored propoganda web sites. This is nothing new. Just beware, do not believe everything you see. Do your own research and form your own opinion.

First fix your profile. You can't be heard if your credibility is under question.

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nixstor

03-16 03:13 PM

Unfortunately many companies are trying to woo people ignorant of retrogression and how severe retrogression is using these 2003 EB3 labor. As a matter of fact Nov 2002 EB3 labor might be of no use as well. Previously they used to ask for money, now its just the split.

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unseenguy

08-16 09:15 PM

In 2000 December, I was travelling to Sydney from Mumbai Airport. I was held and later interviewed separately by a Tamil Speaking officer. Just because my name resembled like Srilankan Tamil. They wanted to ensure that I am not LTTE/or refugee travelling to Australia. Well, I was not offended. I just thought if these idiots have been careful before then would have avoided assasination of Rajiv Gandhi.

Sure. If its done in a respectable manner its fine with some humor and jokes added and officer can do his part to diffuse the frustration. But CBP officers in US are rude and its well known fact.

Indian customs officers are also no angels, Usually there is no profiling in India. I never ever faced a single question or treatment that was different than others. Nor did I see anyone being singled out.

When you frisk abdul kalam when you know he is ex president. When you frisk george fernandes when he has diplomatic passport , when you detain SRK when others are vouching for it, when you handcuff Gates. Its profiling. Once in a while incident that is done in respectable humorous way can be forgotten, not the rude ones. I am sure officer was damn rude to piss off srk.

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nixstor

10-10 01:07 PM

Dont a CAN PR Card holder need to live in CA for 3/4 yrs before he gets to file for Citizenship? If you live in CAN for 3/4 yrs and have citizenship, you have basically no problems living in CAN. (not with the weather, only economic hardships). Now, I dont know whether people can get away with citizenship some how without living in CAN. If the GC mess is same here, why would you want to come back here on TN visa and live an uncertain life or with a plan B that takes you back to CAN incase of any discrepancy.

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jonty_11

06-28 12:34 PM

Another rumour is that this rumour abt mid month retro is being spread by lawyers..so that self-filers rush to file and make obvious mistakes and have to hire services of immi lawyers second time around.....!!!

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dilipcr

06-11 07:49 PM

"Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. "

i am not interested in giving red or blue dots but i do hope your citizenship application gets stuck in a processing delay, you too will then realize the implication of your so called Darwinian flush :rolleyes: As they say...when it happens to others its a recession, when it happens to you it turns into a depression...good luck..

I hope your post did not imply that the ones who got GC's were the 'brightest and the best'.

My intention was not to devalue the merits of the incoming batch of immigrants. As I said, around 20% of the group are truly the best and the brightest. This was the case after the dotcom crash and will most likely be the case going forward. We had the same delays, retrogressions , guaranteed employment verification RFEs etc. Immigrationportal.com used to be the immigrationvoice of the times. I do not see much difference for the techies between what was then and what is going on now in terms of delays. I see 2 dramatic changes though
1. People arent patient enough during these times. You would agree to the amount of venting going on in this site.
2. The incessant dumping of low cost of L1s by the outsourcing companies.

If you think through deeply, the second point is what is causing all the heartburn among the people waiting for their GCs. Believe me. All these extrapolated timelines that scream that getting GC today would take 10 years are all bogus. These headlines were the same then too. I can confidently say that the GC process will move fast within a year's time once the layoffs stop. It is just that can you survive till the govt policies become more rational ? That is where the argument about the best and the brightest come into place. If you are one, you would survive this and you will get your GC within 3 years. Honestly, my ntention was to calm the nerves of those people genuinely talented and waiting for their GCs. If I had missed out on that count, I think I should improve my communication. The arwinian flush was just to highlight that fact.

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sunnymit

07-30 02:56 PM

What does this means? :confused::eek::cool::rolleyes:

We are all talking about Amway/Quickstar here and the approaches ppl take to get to you.. However, I think your mind is wandering at different levels. hmm.. perhaps your experiences have been different?

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JazzByTheBay

12-13 04:34 PM

If someone from country X, Y, or Z comes in on that same quota, that's OK - but we can't accept folks from countries A, B and C??

jazz

Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?

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05-03 12:20 AM

...

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Libra

07-17 09:32 PM

dude do you wanna edit your post now????

BEST OF LUCK with your filing:D

do you want to edit your post ???

Best of Luck DUDE! :)

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Anders �stberg

July 1st, 2004, 06:49 AM

�Hola! Alcanor - Welcome!

Nice picture, please show us more...

Don't worry about your English, it's certainly better than my Spanish. :)

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