gunabcd
07-02 10:02 AM
Stop replying to this guy - focus on something more meaningful.
Yes, let's close the thread, it's not serving the purpose of the forum and wasting our valuable resrouces. Moderators ????
Yes, let's close the thread, it's not serving the purpose of the forum and wasting our valuable resrouces. Moderators ????
iv_newbie_2007
06-16 10:06 PM
>>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.
----------------> I thought COS was to be applied after H1 is approved. I have to ask my employer about this. Thanks for telling me about this.
----------------> I thought COS was to be applied after H1 is approved. I have to ask my employer about this. Thanks for telling me about this.
immm
07-07 01:45 PM
(Admins, please delete this thread if already covered)
http://www.mercedsunstar.com/opinion/story/13765761p-14347307c.html
Our View: Feds play games with immigrants
They said they had an abundance of green cards and then rescinded the offer in a matter of weeks.
Last Updated: July 7, 2007, 03:16:02 AM PDT
If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.
Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.
But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.
This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.
Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them. As Los Angeles immigration attorney Carl Shusterman said Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas." Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system." This is no way to treat people who try to play by the rules.
The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost. In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.
It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.
In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point? In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.
http://www.mercedsunstar.com/opinion/story/13765761p-14347307c.html
Our View: Feds play games with immigrants
They said they had an abundance of green cards and then rescinded the offer in a matter of weeks.
Last Updated: July 7, 2007, 03:16:02 AM PDT
If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.
Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.
But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.
This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.
Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them. As Los Angeles immigration attorney Carl Shusterman said Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas." Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system." This is no way to treat people who try to play by the rules.
The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost. In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.
It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.
In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point? In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.
sanju
02-06 10:28 AM
We filed for 485 in 2007 july fiasco... and so far, we never received FPs for me or my wife..
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...
Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...
I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?
pal :)
Hi pal,
Two things -
a.) If your priority date is current and you are EB2-India, then your priority date in your profile is incorrect. Could you please fix it, along with other data in your profile.
b.) Based on what you said, if I were you, I would take an infopass appointment at the nearest USCIS center for the entire family and speak with the IO face-2-face and ask this -
i.) My dates are current, how much time will it take to approve your application, and at what stage it is stuck?
ii.) You have not recd FP notice, is that ok?
I think IO officer will most likely print an FP notice right there, and that will bring up your file, if it is lying in some rubble. It would have someone look into your application.
Hope this is helpful!
.
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...
Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...
I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?
pal :)
Hi pal,
Two things -
a.) If your priority date is current and you are EB2-India, then your priority date in your profile is incorrect. Could you please fix it, along with other data in your profile.
b.) Based on what you said, if I were you, I would take an infopass appointment at the nearest USCIS center for the entire family and speak with the IO face-2-face and ask this -
i.) My dates are current, how much time will it take to approve your application, and at what stage it is stuck?
ii.) You have not recd FP notice, is that ok?
I think IO officer will most likely print an FP notice right there, and that will bring up your file, if it is lying in some rubble. It would have someone look into your application.
Hope this is helpful!
.
more...
indyanguy
06-29 07:28 PM
Thanks for the reply. Here's why it becomes more complicated. I asked my attorney about starting a new EB2 process (I have a MS from US). However, the attorney says he doesn't recommend starting a new PERM process as he strongly believes that this will affect the current EB3 I-140 application. He feels that USCIS will look at the ongoing EB3 application and deem it unnecessary to approve it (as I would have applied for a different position for EB2). Hence I might lose my PD !!
He suggests that I wait till my EB I-140 is approved. But that might take another year considering the slow NSC processing times!!
Any suggestions?
He suggests that I wait till my EB I-140 is approved. But that might take another year considering the slow NSC processing times!!
Any suggestions?
detroit2009
07-10 10:43 AM
ANYONE please!!!!
more...
kadarm
08-22 07:01 PM
I am also from MN. Living in Minnetonka. Willing to know anyone going for Rally.
webm
05-29 09:30 AM
When our original APs arrived last year in October they had a expiration date of September 28, 2008. But then we traveled to India and came back on AP. Now stamped AP says
Paroled until 02 Jan 2009
My question is which expiration date should use for renewal purposes and apply the 120 day rule.
Please let me know.
You should still consider the one which is on the AP document...
Paroled until 02 Jan 2009
My question is which expiration date should use for renewal purposes and apply the 120 day rule.
Please let me know.
You should still consider the one which is on the AP document...
more...
webm
08-27 02:42 PM
What was the cause for H1B rejection??
StarSun
01-31 11:48 AM
IV Members,
Immigration Voice conducts a one hour free conference calls with attorneys for the benefit of IV members only. This opportunity is provided on the first 3 Thursdays of each month.
Ist Thursday of the month - 7 pm est with Raj Iyer from Carl Shusterman Law office
2nd Thursday of the month - 7 pm est with Ari Sauer and Greg Siskind from Visalaw
3rd Thursday of the month - 9 pm est with Prashanthi Reddy from Reddyesq
Members can send their questions to ivcoordinator@gmail.com. Members need to be present in the call for the question to be asked and answered. For call information, please visit the Members Forum (http://immigrationvoice.org/forum/forum14-members-forum/) or refer to the red colored thread titled "Free Attorney Call: Date and Lawyer Name" running on the home page under "Recent Forum Posts"
Previously recorded conference calls can be found here - IV WIki: Free Attorney Conference Calls - Recorded (http://immigrationvoice.org/wiki/index.php/Lawyer_Conference_calls)
Immigration Voice conducts a one hour free conference calls with attorneys for the benefit of IV members only. This opportunity is provided on the first 3 Thursdays of each month.
Ist Thursday of the month - 7 pm est with Raj Iyer from Carl Shusterman Law office
2nd Thursday of the month - 7 pm est with Ari Sauer and Greg Siskind from Visalaw
3rd Thursday of the month - 9 pm est with Prashanthi Reddy from Reddyesq
Members can send their questions to ivcoordinator@gmail.com. Members need to be present in the call for the question to be asked and answered. For call information, please visit the Members Forum (http://immigrationvoice.org/forum/forum14-members-forum/) or refer to the red colored thread titled "Free Attorney Call: Date and Lawyer Name" running on the home page under "Recent Forum Posts"
Previously recorded conference calls can be found here - IV WIki: Free Attorney Conference Calls - Recorded (http://immigrationvoice.org/wiki/index.php/Lawyer_Conference_calls)
more...
GC9180
06-03 08:05 AM
06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers
H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
source:http://immigration-law.com/
Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??
How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc
H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
source:http://immigration-law.com/
Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??
How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc
VivekAhuja
07-08 07:09 PM
It all depends on how good you really are. If you are excellent, any company (desi or not) will do anything to keep you.
more...
johnwright03
02-23 08:03 PM
Folks,
I have a stupid/dumb question in filling out i-539 for my wife...can anyone tell me if I would need to answer YES or NO..??
3g -- Have you, or any other person included in this application, been employed in the United States since last admitted or granted an extension or change of status?
--thx
I have a stupid/dumb question in filling out i-539 for my wife...can anyone tell me if I would need to answer YES or NO..??
3g -- Have you, or any other person included in this application, been employed in the United States since last admitted or granted an extension or change of status?
--thx
mattresscoil
11-12 11:57 AM
Hi,
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
more...
eyeopeners05@yahoo.com
05-01 10:07 AM
Thanks guys for all your responses....
I got the paperwork from my attorney for my wife's 485 as they want us to be ready so that if dates are current, we just mail the paperwork without having to start at that time.
However, my wife is pregnant and i am not sure if medical examinations are possible. What are my options ?
I got the paperwork from my attorney for my wife's 485 as they want us to be ready so that if dates are current, we just mail the paperwork without having to start at that time.
However, my wife is pregnant and i am not sure if medical examinations are possible. What are my options ?
glus
07-22 04:50 PM
If you go to this site: http://www..com/usa-immigration-trackers/i485-tracker1/
you will see that people that got USCIS I485 receipts, are those whose forms reached USCIS on Jun 25th. That would mean that as of last week USCIS was entering in the cases that came in in the end of Jun. They are not doing July filers yet....
My best bet is that they will begin doing July filers in the middle of next week (7/25) or even later and we will start seeing checks cleared by that date....
you will see that people that got USCIS I485 receipts, are those whose forms reached USCIS on Jun 25th. That would mean that as of last week USCIS was entering in the cases that came in in the end of Jun. They are not doing July filers yet....
My best bet is that they will begin doing July filers in the middle of next week (7/25) or even later and we will start seeing checks cleared by that date....
more...
realizeit
08-01 04:01 PM
This movement by Menendez definitely will increse the likelihood of the passage of our bill.
IV CORE: Probably, it's time for start mobilizing our resources in the direction of Senate aisle as well.
IV CORE: Probably, it's time for start mobilizing our resources in the direction of Senate aisle as well.
ragz4u
02-24 01:31 PM
Please take a look at page 249. If I understand it correctly, it mentions that the quota for EB1 goes from 28.6% of EB visas to 15%, EB2 goes from 28.6% to 15% and EB3 goes from 28.6% to 35%
That means they WILL create a new category of EB visas since they have to utilize these extra visas somewhere!
Am I reading it right?
That means they WILL create a new category of EB visas since they have to utilize these extra visas somewhere!
Am I reading it right?
vikramy
10-07 02:42 PM
You are in AOS status now. need to file New I9 as all said.
You can always file new H1 (Not in quota but not extension) using your approved 140. So that can be done.
Talk to your lawyer
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
You can always file new H1 (Not in quota but not extension) using your approved 140. So that can be done.
Talk to your lawyer
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
jsb
08-21 09:38 AM
still waiting
I am not far behind you.
I am not far behind you.
hopelessGC
04-16 02:52 PM
Need advise - bumping this up...
Many of you must have filed for their AP - can you please share with me what is the best and the safest way to get my application to USCIS?
I was looking for some tracking to know the app got delivered and do it overnight so it gets there in a day.
Wasn't sure if UPS/fed-ex delivers to PO box addresses or should I just stick to USPS?
Also, whether some kind of delivery tracking can be done on PO box addresses?
Please advise folks... Thanks in advance for your help!
I filed my AP online and mailed documents via USPS Priority Mail with Delivery Confirmation. No issues of any kind. AP was approved in approx. 45 days, I believe.
Many of you must have filed for their AP - can you please share with me what is the best and the safest way to get my application to USCIS?
I was looking for some tracking to know the app got delivered and do it overnight so it gets there in a day.
Wasn't sure if UPS/fed-ex delivers to PO box addresses or should I just stick to USPS?
Also, whether some kind of delivery tracking can be done on PO box addresses?
Please advise folks... Thanks in advance for your help!
I filed my AP online and mailed documents via USPS Priority Mail with Delivery Confirmation. No issues of any kind. AP was approved in approx. 45 days, I believe.
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