seeking_GC
07-12 02:25 AM
Any idea on when the lawsuit actually gets to court?
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paskal
12-21 11:12 AM
hope to have the calls set up soon
details will be posted here
will try to pm all responders too
plesae do check this thread in the coming days
please also continue to post here if you are interested in joining in
Thanks!
details will be posted here
will try to pm all responders too
plesae do check this thread in the coming days
please also continue to post here if you are interested in joining in
Thanks!
abracadabra102
11-06 03:13 PM
I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
This issue has been discussed at length in these forums. Put in some effort and read before popping a question.
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
This issue has been discussed at length in these forums. Put in some effort and read before popping a question.
2011 Skoda Fabia vRS amp; Fabia Combi
mita
12-05 11:59 AM
Kumar,
How do you distinguish between junk and not junk? It is holiday season and some families and students travel to India during this time. Some might get time to browse the net and some might not. If someone visits this forum they will be well informed about travel conditions back home and this was my only intention but I think you have an agenda here. If you like it read it or else just ignore rather than classifying or giving names. This is not a personal chat room or e-mail so don't show your anger here, just send them a PM, my 2 cents. Have a good weekend.
Mita, I am asking you not to paste junk URLs over here!
You can spend your time on TOI...no issues.
I was waiting for someone to spit venom at timesofindia but did not happen till today.
By the way, do you believe in the news from other billion news website? I think most of us visit other websites to verify if the info is correct so that there is no propoganda involved. If you think timesofindia is one of them than don't visit that website but you cannot request others to do the same.
How do you distinguish between junk and not junk? It is holiday season and some families and students travel to India during this time. Some might get time to browse the net and some might not. If someone visits this forum they will be well informed about travel conditions back home and this was my only intention but I think you have an agenda here. If you like it read it or else just ignore rather than classifying or giving names. This is not a personal chat room or e-mail so don't show your anger here, just send them a PM, my 2 cents. Have a good weekend.
Mita, I am asking you not to paste junk URLs over here!
You can spend your time on TOI...no issues.
I was waiting for someone to spit venom at timesofindia but did not happen till today.
By the way, do you believe in the news from other billion news website? I think most of us visit other websites to verify if the info is correct so that there is no propoganda involved. If you think timesofindia is one of them than don't visit that website but you cannot request others to do the same.
more...
morchu
05-14 12:04 PM
Not true.
Your H1B status starts from the "start date" shown in the COS/H1B approval notice. If the H1B is approved for this fiscal year, most probably it will be October 1, 2009. So till then you are in L1.
Also nothing prohibits you from re-entering on a valid L1 visa, but after re-entry you are assumed to be in L1 status. And you might end up filing COS petition one more time.
Now your question is interesting, because you are re-entering in a period of your L1 validity and I assume H1 is not valid for status till 2009 Oct.
I am not really sure about all the possible solutions in this situation. The solution I know is, enter using L1 and file another COS (not a full H1 petition, but just a COS, showing already approved H1).
Answer to OP;s questions are:
1. Yes
2. Might abandon the COS (not sure about this). But definitely your H1 is not abandoned.
3. Not automatic, another COS might be required.
Questions 4,5,6,7 are irrelavant after you file a COS on re-entry.
Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.
Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.
______________________
Not a legal advice.
US citizen of Indian origin
.
Your H1B status starts from the "start date" shown in the COS/H1B approval notice. If the H1B is approved for this fiscal year, most probably it will be October 1, 2009. So till then you are in L1.
Also nothing prohibits you from re-entering on a valid L1 visa, but after re-entry you are assumed to be in L1 status. And you might end up filing COS petition one more time.
Now your question is interesting, because you are re-entering in a period of your L1 validity and I assume H1 is not valid for status till 2009 Oct.
I am not really sure about all the possible solutions in this situation. The solution I know is, enter using L1 and file another COS (not a full H1 petition, but just a COS, showing already approved H1).
Answer to OP;s questions are:
1. Yes
2. Might abandon the COS (not sure about this). But definitely your H1 is not abandoned.
3. Not automatic, another COS might be required.
Questions 4,5,6,7 are irrelavant after you file a COS on re-entry.
Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.
Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.
______________________
Not a legal advice.
US citizen of Indian origin
.
go_guy123
05-06 09:07 PM
Dear IV Members,
I know this is an immigration forum but I thought if I can get some valuable advice.
A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.
Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.
Why are u putting unrelated stuff here. You can always consult a lawyer for lawsuit
if u feel. Ofcourse nothing is free. U will need to pay a lawyer for that.
I know this is an immigration forum but I thought if I can get some valuable advice.
A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.
Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.
Why are u putting unrelated stuff here. You can always consult a lawyer for lawsuit
if u feel. Ofcourse nothing is free. U will need to pay a lawyer for that.
more...
mukraw6
11-21 05:24 PM
It said the same thing for me and that means you will recieve it in a weeks time or your lawyer
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chintals
09-03 12:54 PM
Thank you for sharing the boat. Although, it is better than being lonely, I don't want anyone in this dilemma.
I hope we both get ours soon, hopefully by EOD today as other poster was wishing.
I just called USCIS and confirmed with TSC and 2nd level customer service center that my case is approved on monday 09/01/09 SLUD date even though i have not recieved email for same.. Thank you all and good luck.
I hope we both get ours soon, hopefully by EOD today as other poster was wishing.
I just called USCIS and confirmed with TSC and 2nd level customer service center that my case is approved on monday 09/01/09 SLUD date even though i have not recieved email for same.. Thank you all and good luck.
more...
snathan
06-20 09:45 PM
^^^^^^^^^^^
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Munna Bhai
04-27 11:41 AM
Hi,
I am in a unique situation as far as capture of earlier PD is concerned.
My company had filed an LC for me in EB3 with PD of Oct '03.
I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.
I have got my I140 approved for the same and also 3yr ext. based on that as well.
My EB3 LC is approved as well now.
My question to somehow capture the PD of my EB3 LC.
Is it possible ? Is anyone in the same boat ?
Regards.
Get I-140 approved for EB3 case and then swtich to another company and start fresh GC and once you are ready to file I-140 at new company, take this approved I-140 for EB3 and port it.
Hope this helps.
I am in a unique situation as far as capture of earlier PD is concerned.
My company had filed an LC for me in EB3 with PD of Oct '03.
I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.
I have got my I140 approved for the same and also 3yr ext. based on that as well.
My EB3 LC is approved as well now.
My question to somehow capture the PD of my EB3 LC.
Is it possible ? Is anyone in the same boat ?
Regards.
Get I-140 approved for EB3 case and then swtich to another company and start fresh GC and once you are ready to file I-140 at new company, take this approved I-140 for EB3 and port it.
Hope this helps.
more...
ebizash
11-10 04:39 PM
Finished the survey
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txh1b
08-18 11:37 AM
To be safe, once the h1b is approved, I would suggest that you travel and enter again so that you become eligible to use 245(k) rule if needed during your GC.
If not, there is a risk for everything from the date you lost your job till your re-entry again to be considered as out of status/unlawful employment as per my lawyer.
If not, there is a risk for everything from the date you lost your job till your re-entry again to be considered as out of status/unlawful employment as per my lawyer.
more...
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GC_dd
10-15 02:19 PM
I was on L1 got h1b and started working for h1b employer in Oct 2007. meanwhile my wife and kid traveled to India and in Chennai consulate got 221g for latest salary slips in April 2008. in 2 weeks they got h4 stamped. after one year I traveled to India in July 2009 and got h1b stamped.
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trueguy
12-11 12:00 AM
EB1 EB2 EB3
India 5,327 14,819 3,576
China 5,605 6,965 1,985
All 36,593 70,138 42,848
Total grobal EB (1 to 5) visa issued 163,037
Does anybody know why EB3 Total number (45,650) doesn't translate into 28% of annual quota (163,037). Does it mean EB3 didn't get their fair share (forget about per country limit)? This is insane.
India 5,327 14,819 3,576
China 5,605 6,965 1,985
All 36,593 70,138 42,848
Total grobal EB (1 to 5) visa issued 163,037
Does anybody know why EB3 Total number (45,650) doesn't translate into 28% of annual quota (163,037). Does it mean EB3 didn't get their fair share (forget about per country limit)? This is insane.
more...
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jonty_11
07-14 02:01 PM
Hopefully so..Thanks
no...They make mistakes..I received an already expired EAD card...so Please call and you do have to reapply.....byt within 120 days of te new EAD you got....right in BOLD about the error so they dont repeat it.
no...They make mistakes..I received an already expired EAD card...so Please call and you do have to reapply.....byt within 120 days of te new EAD you got....right in BOLD about the error so they dont repeat it.
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JazzByTheBay
07-11 10:03 PM
Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.
USCIS Ombundsman report from JUNE 2007 says:
"For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
- As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.
USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.
End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).
As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.
If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.
If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.
Anybody thinks the above makes sense?
jazz
USCIS Ombundsman report from JUNE 2007 says:
"For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
- As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.
USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.
End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).
As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.
If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.
If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.
Anybody thinks the above makes sense?
jazz
more...
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xela
06-10 12:51 PM
It s been a while since i have said anything here, and mostly because it seems this has become a "everyones racist against indians" and everyone else isnt important kind of talk.
while I understand most here are from India, please refrain from putting the ROW people down and make it sound like we have no wait at all. i ve been here since 2000 and started my green card process in 2003. I m just as frustrated, but I refrain from coming here and telling everyone how ROW should get all the good stuff and the rest can go to ....
:(:confused:
we should fax/email letters to lawmakers/senators from every angle. One way of doing this would be drafting a letter with the calculation and a quote " Just for Indians, and chinese nationality for rest of the world = 1year"
We should be attacking in each and every angle so they get used to reading our issues and would come with a solution.
MAKE A NOISE
while I understand most here are from India, please refrain from putting the ROW people down and make it sound like we have no wait at all. i ve been here since 2000 and started my green card process in 2003. I m just as frustrated, but I refrain from coming here and telling everyone how ROW should get all the good stuff and the rest can go to ....
:(:confused:
we should fax/email letters to lawmakers/senators from every angle. One way of doing this would be drafting a letter with the calculation and a quote " Just for Indians, and chinese nationality for rest of the world = 1year"
We should be attacking in each and every angle so they get used to reading our issues and would come with a solution.
MAKE A NOISE
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acecupid
07-16 06:24 PM
They have been talking about this lawsuit for a long time now. I wonder when they will actually file it. Though they claim that they will file it this week, I would trust them only when they actually do file the lawsuit.:D
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whitecollarslave
08-04 04:02 PM
I have a copy of the I-140 Approval Notice. It does not have A# nor any field for A#. What am I missing? Guys, please clarify.
enggr
10-02 09:47 AM
Dear Friends/attorneys,
Is it possible to request an EB2 to EB3 conversion after a I-140 RFE? I kindly request you all to help me.
I finished my 4-year engineering course in year 2000 and started working with the company which I got recruited. My degree has year 2002 due to the last supplementary exam. My attorney put the graduation as year 2000 and counted 5 years of experience from there (Because my degree has 2 dates on it). INS is counting only 3.5 y ears of experience after degree completion.
I think the only way I can survive this RFE is to request for an approval under EB3 category. The unlucky part is I didn't get that as an option in the RFE itself (which many people got).
The paper ad as well as labor certification is not specific about "progressive experience" or experience after degree completion. The ad just says Bachelors degree with 5 years of experience.
Please advice me how to respond to this RFE in a safe manner.
This is what the paper ad says "F/T MS Degree or equivalent in Engineering field OR BS Degree or equivalent with five years ex "
EB2 PERM : Aug 2006.
EB2 I-140 (REG) : Nov 2006.
EB2 I-485/ EAD : July 2007.
EB2 I-140 RFE received : Sep 2007.
RFE
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree."
---------------------------------------
Is it possible to request an EB2 to EB3 conversion after a I-140 RFE? I kindly request you all to help me.
I finished my 4-year engineering course in year 2000 and started working with the company which I got recruited. My degree has year 2002 due to the last supplementary exam. My attorney put the graduation as year 2000 and counted 5 years of experience from there (Because my degree has 2 dates on it). INS is counting only 3.5 y ears of experience after degree completion.
I think the only way I can survive this RFE is to request for an approval under EB3 category. The unlucky part is I didn't get that as an option in the RFE itself (which many people got).
The paper ad as well as labor certification is not specific about "progressive experience" or experience after degree completion. The ad just says Bachelors degree with 5 years of experience.
Please advice me how to respond to this RFE in a safe manner.
This is what the paper ad says "F/T MS Degree or equivalent in Engineering field OR BS Degree or equivalent with five years ex "
EB2 PERM : Aug 2006.
EB2 I-140 (REG) : Nov 2006.
EB2 I-485/ EAD : July 2007.
EB2 I-140 RFE received : Sep 2007.
RFE
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree."
---------------------------------------
voldemar
03-20 11:15 AM
Not sure how withdrawing an approved I140 is good for the employee??
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
And law firm is right, they protect their clients. Search this forum for I-140 revocation by USCIS. I-140 was approved and then revoked by USCIS itself. In that case AC21 does not help, 485 will be denied.
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
And law firm is right, they protect their clients. Search this forum for I-140 revocation by USCIS. I-140 was approved and then revoked by USCIS itself. In that case AC21 does not help, 485 will be denied.
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