rajeevkaza
10-31 01:12 PM
where did you see these 30/45 days numbers? you can apply an H1 extension upto 180 days in advance of the expiry of your current H1 (basically 180 days before the new start-date)
Let me clarify you guys, 180 days advance to expiry is good, I am referring to applying in the last minute, ideally it should be atleast 30 days ahead of expiry date in order to avoid the complications.
Secondly I am referring to applying for H1B Extension AFTER Expiry date which is good for 45 days. Hope you got it now.
Let me clarify you guys, 180 days advance to expiry is good, I am referring to applying in the last minute, ideally it should be atleast 30 days ahead of expiry date in order to avoid the complications.
Secondly I am referring to applying for H1B Extension AFTER Expiry date which is good for 45 days. Hope you got it now.
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ab2k7
07-05 04:19 PM
Thanks for your response, paisa. Does that mean start over the whole process from LC for GC again? As per this doc there is a difference b/w LCA for H1B and LC for GC. So incase a H1B employee files LC for GC, does he also need to maintain LCA in parallel? This is still not clear to me.
I've found this doc from
www.lawmh.com/practice_areas/pdfs/H-1B%20Visas.pdf
'
Labor Condition Application (“LCA”): This document attests to the DOL that the employer will pay the prevailing wage and that hiring the H-1B worker will not adversely affect the wages and working conditions of U.S. workers. The LCA must be certified by the DOL, and included in the H-1B package. The LCA process is now streamlined with the use of electronic filings. LCAs can be obtained in a matter of seconds. NOTE: The LCA is not the same as Labor Certification for green card purposes. For an LCA in connection with an H-1B, there is no need to advertise the job or to test the labor market
for U.S. workers.
'
Would appreciate if someone can shed some light.
Thanks in advance.
I've found this doc from
www.lawmh.com/practice_areas/pdfs/H-1B%20Visas.pdf
'
Labor Condition Application (“LCA”): This document attests to the DOL that the employer will pay the prevailing wage and that hiring the H-1B worker will not adversely affect the wages and working conditions of U.S. workers. The LCA must be certified by the DOL, and included in the H-1B package. The LCA process is now streamlined with the use of electronic filings. LCAs can be obtained in a matter of seconds. NOTE: The LCA is not the same as Labor Certification for green card purposes. For an LCA in connection with an H-1B, there is no need to advertise the job or to test the labor market
for U.S. workers.
'
Would appreciate if someone can shed some light.
Thanks in advance.
sanjayc
10-15 02:49 PM
I saw the suggestion of asking lawyer to send AP while you travel to India without it. Although it sounds like a good idea but could be dangerous. I had a situation last year when I travelled to India with AP applied for but not approved. Unfortunately i had my old passport and visa damaged in India. When my lawyer wanted to expedite AP so that i can travel back as my old Visa was damaged and the only way to travel back was to use AP, they found out USCIS has issued an RFE on AP. Though RFP was trivial and they only wanted a clear copy of first page of passport and AP was approved immediately when it was submitted.
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gchopes
08-04 09:41 AM
The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
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prioritydate
07-25 11:11 AM
Here is the calculation I came up with USCIS processing of our I-485 applications.
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
gk_2000
01-26 03:25 PM
Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them
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Berkeleybee
05-17 01:22 PM
BerkeleyBee,
Thanks for opening a seperate thread for this.
Looking at the proceedings for the last 2 days i feel those opposed to immigration r using the delaying tactic to somwhow push out and kill the bill. It also looks like some form of the bill will come out eventually.
There are enough provisions in the bill which will have a significant effect on retrogression when it becomes a law.
As the bill progresses in the senate and in the conference, they may push out the effective date ( for the bill to become a law) to get the house aboard.
I wonder if we can ask for some non controversial portions of the bill such as capturing unused VISA numbers (they must be 90K) to become law immediatly. This will ease retrogression significantly as there will be no country limits for those numbers.
Can we ask any Senator to bring such an amendment.
(remember those who r here illegally and who need to wait for 8 years to apply for G.C can wait an year more. Need i say about those stuck in the Employment based categories.)
--MC
Mchundi,
I understand your anxiety. To answer your questions:
There is no chance of having any single set of provisions "become law immediately."
Unfortunately, we have to let this current round of discussions on CIR play out. What should we root for? That amendments to the current CIR that basically gut the bill fail. If the bill survives these amendments then we stand a good chance of succeeding in our efforts.
For strategic reasons, we cannot disclose everything we know about behind the scenes agreements.
Hang in there!
best,
Berkeleybee
Thanks for opening a seperate thread for this.
Looking at the proceedings for the last 2 days i feel those opposed to immigration r using the delaying tactic to somwhow push out and kill the bill. It also looks like some form of the bill will come out eventually.
There are enough provisions in the bill which will have a significant effect on retrogression when it becomes a law.
As the bill progresses in the senate and in the conference, they may push out the effective date ( for the bill to become a law) to get the house aboard.
I wonder if we can ask for some non controversial portions of the bill such as capturing unused VISA numbers (they must be 90K) to become law immediatly. This will ease retrogression significantly as there will be no country limits for those numbers.
Can we ask any Senator to bring such an amendment.
(remember those who r here illegally and who need to wait for 8 years to apply for G.C can wait an year more. Need i say about those stuck in the Employment based categories.)
--MC
Mchundi,
I understand your anxiety. To answer your questions:
There is no chance of having any single set of provisions "become law immediately."
Unfortunately, we have to let this current round of discussions on CIR play out. What should we root for? That amendments to the current CIR that basically gut the bill fail. If the bill survives these amendments then we stand a good chance of succeeding in our efforts.
For strategic reasons, we cannot disclose everything we know about behind the scenes agreements.
Hang in there!
best,
Berkeleybee
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simple1
10-06 03:57 PM
smuggymba, every one knows you are an anti immigrant. dont waste time here with fake posts.
Why should I make the fact gaps public and train anti immigrants like you ?
simple1 - whenever I see ur reply, it's regarding a toll alert. Same with ronhira guy. All you 2 two do is issue toll alert whenever someone asks a question.
H1-B audits are a reality and he is asking about a visit that he got because clearly no one expects it. What's the problem? What fact gaps did ur james bond brain find?
Why should I make the fact gaps public and train anti immigrants like you ?
simple1 - whenever I see ur reply, it's regarding a toll alert. Same with ronhira guy. All you 2 two do is issue toll alert whenever someone asks a question.
H1-B audits are a reality and he is asking about a visit that he got because clearly no one expects it. What's the problem? What fact gaps did ur james bond brain find?
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va_il
06-08 12:17 PM
No point in bashing Indian companies. As they are going political on this issue, my cousin just graduated from School and does not have a job, his dad thinks that his son lost his competitve spirit and is unable to compete for a job, while we all know the actual situation which is pathetic for new h1b seekers.
IV mebers - though our focus is on GC backlog and retrogression - lets all not forget that these are also big issues, especially new immigrants seeking h1b etc...
For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain.
And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope.
Right CIR is their only hope .... for a person who came illegally ... right ...and unfortunately they don't know if they cross the boarder illegally they will be separated from families .... not considering that is immoral on govt part ... :) :) :)
Grow up. These guys are even considering to allow them as legals only because these guys need a cheap labor .. not because they think it is moral .... irrespective of what they say in public stunt. Otherwise all those would have been booted in next sec.
IV mebers - though our focus is on GC backlog and retrogression - lets all not forget that these are also big issues, especially new immigrants seeking h1b etc...
For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain.
And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope.
Right CIR is their only hope .... for a person who came illegally ... right ...and unfortunately they don't know if they cross the boarder illegally they will be separated from families .... not considering that is immoral on govt part ... :) :) :)
Grow up. These guys are even considering to allow them as legals only because these guys need a cheap labor .. not because they think it is moral .... irrespective of what they say in public stunt. Otherwise all those would have been booted in next sec.
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AVAKIL10
08-03 08:34 AM
Looks like SR request denial and not EAD denial to me..Don't worry.
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Sunx_2004
09-08 06:32 PM
Is he EB-3 India, His PD is not even current. He must have ported to EB2..I guess..
Yes, A colleague case is similar to yours. Got his "Welcome" mail via USPS, Online status still show as pending, but only difference, his case is EB3, not EB2. I-485 filed during the July rush, both the primary applicant and the spouse got the welcome notice via USPS mail. LUD seems to be in August sometime. The online status is not really reliable. Still shows as case received and pending. PD is July '04. He is not sure, and his consulting his attorney, if any action required on his side. Not sure, this is a exception or more cases like this.
Yes, A colleague case is similar to yours. Got his "Welcome" mail via USPS, Online status still show as pending, but only difference, his case is EB3, not EB2. I-485 filed during the July rush, both the primary applicant and the spouse got the welcome notice via USPS mail. LUD seems to be in August sometime. The online status is not really reliable. Still shows as case received and pending. PD is July '04. He is not sure, and his consulting his attorney, if any action required on his side. Not sure, this is a exception or more cases like this.
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gcgalore
08-05 10:22 PM
I got my approval email today, but my wife's online status remain unchanged received and pending. Does USCIS process dependent's application separately? Both mine and wife's application was sent the same day, FP notices were received at the same time..I mean everything was done at the same time except approval.
Any thoughts?
Any thoughts?
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gcnirvana
05-12 01:42 PM
Thanks for your template but also please include IV's name wherever possible so that they can contact IV for a full coverage.
I Used their tool but sent the folllowing message
Greetings. My name is XXXXXXXXXXXXX. I
am a citizen of India and have been living in the United States for close
to 7 years on a H1b visa and work as a Senior Software Consultant catering
to various Ammerican clients and my employer is located in Irving, Texas.
My Green Card petition was filed by my employer under the EB2 category and
my I 140 petition has been approved, but I am unable to file for i485
(Adjustment of Status) because visa numbers are not available. My wife is
also on a H1b visa and is a first year resident physician at a Community
Hospital in Brooklyn, New York on a H1b visa.
Based on the fact that we have been law abiding tax paying legal
immigrants, we would like to reach out to you and let you know our issues.
Our main issue is career stagnation. Unavilability of visa number
(retrogression) locks us up with the same employer for years together and
does not allow us to grow careerwise and unable to make critical and life
decisions.
We duly understand that there is a 7% per country upper limit when
Visa numbers are allocated and the fact that India and China has been over
subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
Bill have provisions to raise the cap and we would like to support these
bills and the provisions.
High tech and health care are sectors where highly skilled immigrants
from all over the world are attracted to and want to contribute in the
best ways we can to pursue our American dream. We would like to contribute
to the growth and development of America in the best possible way. Please
support us and help us in our cause.
Sincerely,
XXXXXXXXXXX
718XXXXXXXX
I Used their tool but sent the folllowing message
Greetings. My name is XXXXXXXXXXXXX. I
am a citizen of India and have been living in the United States for close
to 7 years on a H1b visa and work as a Senior Software Consultant catering
to various Ammerican clients and my employer is located in Irving, Texas.
My Green Card petition was filed by my employer under the EB2 category and
my I 140 petition has been approved, but I am unable to file for i485
(Adjustment of Status) because visa numbers are not available. My wife is
also on a H1b visa and is a first year resident physician at a Community
Hospital in Brooklyn, New York on a H1b visa.
Based on the fact that we have been law abiding tax paying legal
immigrants, we would like to reach out to you and let you know our issues.
Our main issue is career stagnation. Unavilability of visa number
(retrogression) locks us up with the same employer for years together and
does not allow us to grow careerwise and unable to make critical and life
decisions.
We duly understand that there is a 7% per country upper limit when
Visa numbers are allocated and the fact that India and China has been over
subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
Bill have provisions to raise the cap and we would like to support these
bills and the provisions.
High tech and health care are sectors where highly skilled immigrants
from all over the world are attracted to and want to contribute in the
best ways we can to pursue our American dream. We would like to contribute
to the growth and development of America in the best possible way. Please
support us and help us in our cause.
Sincerely,
XXXXXXXXXXX
718XXXXXXXX
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amsgc
02-07 02:42 PM
I worked in Delhi before moving to the US, so have some contacts. Last December I touched base with some of my friends from my previous company (big teleco services) and found that it is still not worth moving back - even if you have a home in delhi.
After 7 yrs of work experience, they are still making about 12-15 Lacs (moved up from being an entry level SE to a Project Manager).
Anyways, now days they are very selective in hiring talent - practically a hiring freeze. Also, the days for 30% raises seem to be over, at least for now.
I heard Bangalore is much better.
After 7 yrs of work experience, they are still making about 12-15 Lacs (moved up from being an entry level SE to a Project Manager).
Anyways, now days they are very selective in hiring talent - practically a hiring freeze. Also, the days for 30% raises seem to be over, at least for now.
I heard Bangalore is much better.
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vxb2004
12-25 01:42 PM
Very happy for you. Have a great new year!...finally free..;)
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sromil99
03-26 03:16 AM
Which Consulate you went for renewal?
It looks like case of establishing Employee - employer relationship and RFE is requested for the same.
You work for comp A which has contract with Comp B and Comp B makes you work for Comp C.
You need contract between Comp B and Comp C as well.
Search for Employer Employee memo, which was issued in Jan 2010 y USICS, that should clear the picture for you.
Note: I am not a professional, these comments are FYI only, pls seek professional advice for details.
It looks like case of establishing Employee - employer relationship and RFE is requested for the same.
You work for comp A which has contract with Comp B and Comp B makes you work for Comp C.
You need contract between Comp B and Comp C as well.
Search for Employer Employee memo, which was issued in Jan 2010 y USICS, that should clear the picture for you.
Note: I am not a professional, these comments are FYI only, pls seek professional advice for details.
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immi_seeker
10-02 10:02 AM
just spoke with someone yesterday whose PD was april 2005. he files 485 in september 2005 before eb2 retrogressed.
he got his GC in august 2007. now how is that possible when i still see people wth PD of 2004, whose GC is pending. also btw, in august 2007 and in july 2007 the eb2 was U.
anyone can explain that please?
PD is important in asllocating visa numbers. An immigrant visa will be allocated only if pd is current. other background process like namecheck, fp etc shud happen irrespective of pd
he got his GC in august 2007. now how is that possible when i still see people wth PD of 2004, whose GC is pending. also btw, in august 2007 and in july 2007 the eb2 was U.
anyone can explain that please?
PD is important in asllocating visa numbers. An immigrant visa will be allocated only if pd is current. other background process like namecheck, fp etc shud happen irrespective of pd
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Gravitation
07-20 02:19 PM
I'm confused - what is the point of applying for AP if you aren't also applying for EAD?
Yes, I believe you can apply for EAD yourself
AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.
Yes, I believe you can apply for EAD yourself
AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.
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tb2904
03-26 08:50 PM
I think you can volunteer while on H4. But, I would not recommend working "off the book" - it is illegal and can screw your GC process big time.
Some charity organization ask for the social security number even for volunteering. But, I am sure there are many who will let you work without it.
Hi,
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
Andy
Some charity organization ask for the social security number even for volunteering. But, I am sure there are many who will let you work without it.
Hi,
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
Andy
santa123
07-16 08:48 AM
I am confused with regards to AOS Vs. CP and which one to choose.
My visa status is L1B with Company A and my green card for future employment is with Company B.
Since I am on L1B, should I choose AOS (Adjustment of status) or CP (Counslar processing) for my I485 processing. Which one wld be the best for me, since I may be in India when the dates become current or may be here in the US ? The timing is a big unknown.
IF I choose CP, what are the steps after I140 approval?
How hard is it to switch from AOS to CP or vice- versa?
What are the pros and cons for AOS Vs CP?
I am looking for some guidance from anyone who has gone through this / familiar with this situation. Thanks!
My visa status is L1B with Company A and my green card for future employment is with Company B.
Since I am on L1B, should I choose AOS (Adjustment of status) or CP (Counslar processing) for my I485 processing. Which one wld be the best for me, since I may be in India when the dates become current or may be here in the US ? The timing is a big unknown.
IF I choose CP, what are the steps after I140 approval?
How hard is it to switch from AOS to CP or vice- versa?
What are the pros and cons for AOS Vs CP?
I am looking for some guidance from anyone who has gone through this / familiar with this situation. Thanks!
gee_see
10-19 09:05 AM
There was no response when i posted same issue couple of weeks ago. Does it imply that no one is facing this type of issue? or .... it will be outright denial case?
Please share your thoughts
Please share your thoughts
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