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niklshah

01-30 12:49 PM

Sent email to detroit free press and detroit news

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Suva

08-14 11:14 AM

Why are you taking all the H1s into the calculation? This only applies to companies which has more than 50% H1 employees. So it does not apply to all the companies.

I dont agree with the laws passed, but here is the math to come up with the $600 million figure they are quoting.

# of possible H1Bs = 85k (65k + 20k)
Fees (additional) = $2000
Total Fees = $170 million ($2k x 85k)

The fee increase is for 4 years = (2010-2014)

GRAND Total = $680 million ($170 million x 4)

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augustus

10-08 05:57 PM

Ok! God help me here.... My lawyer responded this morning that h4 is valid even after using EAD. EAD is only a benefit.

Now what is true? So much of information floating around and I don't know what to take and what not to!!!!!

Please help me, my husband also has no clue..

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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

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ita

11-19 09:20 AM

I saw some postings about AP wherein people got 3 AP papers.
Is it ok if you just get 2 AP papers?

Thank you.

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TexDBoy

06-10 02:51 AM

Are those requested documents not part of standard documentation when we submit our 485 application.
My lawyer asked me to submit all the I-20s and H1B copies when we applied for 485 ....

Again, its interesting that they are looking for status as back as 1998 and not from the last entry ...

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pmamp

07-12 10:24 AM

One possible issue with this assessment is that CIS Ombudsman released the report on June 11th and ISCIS published 'THE JULY 2007 BULLETIN' on June 12th. That may mean someone in USCIS decided ultra fast as to make all the dates current or they (USCIS top brass) knew about this report draft.

I don't know if this report really caused USCIS to come out with that bulletin. there is something else under the hood which caused this reaction....http://immigrationvoice.org/forum/images/smilies/mad.gif
:mad:

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:

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txh1b

04-20 02:25 PM

Thanks for the reply.

We are not in Chicago. Their POE is in Chicago. I may have to go to the local USCIS office and clarify it.

I am also checking with the Attorney.

You can go to the closest international airport's CBP. USCIS local office cannot do anything about it. Only CBP can.

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desi3933

02-18 07:55 PM

One of my close friend and her husband both had Greencard. She delivered baby in India in 2002. They were not able to get their son to US. They tried visitors visa for the baby but the consulate rejected the visa. The baby is still in India with his grandparents. They filed for his greencard (family based). They are counting days to get their son to US. He is already 6 years old. It is very tough for the parents and kid. I am not sure about the other options that people has mentioned. But I see my friend family directly who are facing this problem. I don't think it is a good idea.

Parents must have made a trip to US without kid. The rule is very clear. It must be parents' first trip back to US with the kid.

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Sandeep

02-16 05:32 PM

Let us put it this way. Short term we can get some benefits of the 90 k visas that can be recaptured (140k according to the Ombudsman - 50k which went to Schedule A last year) But now 90k , regardless of whether it frees numbers for all countries, is going to be a short lived relief . With so many cases coming out of the backlog, there has to be some long term solution for this. All the comprehensive immigration bills had been talking of raising the per country quota by a couple of % but you have to also see that they are redistributing the allocations to EB1, 2 and 3. So I guess in the long run, there is no other option but to increase the overall quota

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needhelp!

03-24 12:43 PM

Call them at: 1-800-433-8850

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jungalee43

02-16 03:11 PM

I did some research on murthy.com and found that AC21 did abolish 'per country of birth quota' on recycled numbers. I am posting a link to this murthy.com article of Oct 6, 2000 which clarifies the issue.

http://www.murthy.com/news/UDh1det.html

If the link fails I am reporducing the paragraph here: -

Major highlights of ACTA are listed below :

Per Country Quotas for Immigrant Visas

"Under Section 104, with respect to immigrant visas, the per country quota, which has been adversely affecting those from China and India and which the U.S. State Department had stated could possibly affect those from the Philippines in the near future, may have been resolved with this Bill. It has always been the case that not all of the available immigrant visas were issued, since most countries did not have enough applicants to use the total available. ACTA provides that if the INS or the U.S. State Department does not issue all of the immigrant visas that should be issued in that FY, the unused immigrant visa numbers should be made available to all countries without the per country quota limit applying."

Retrogression started as the recycled numbers are no longer available and with that country quota showed its horrible effect. It is clear guys we have to concentrate our energy and our thoughts on this quota. Quota on the basis of "country of birth" on talent or skill needed is really hard to explain and we can have good logical arguments to support its abolition.

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snathan

04-08 04:08 PM

Visa Bulletin For May 2011 (http://www.travel.state.gov/visa/bulletin/bulletin_5424.html)


Employment- Based All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01AUG06 01JUL06 C C
3rd 22AUG05 15APR04 15APR02 08SEP04 22AUG05
Other Workers 08SEP03 22APR03 15APR02 08SEP03 08SEP03





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thediablo

05-30 04:59 PM

bah dont get sad... i know you can do it worst than that :D

:thumb:

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leoindiano

08-03 12:23 PM

I have the notice of action for my I-140 approval. It doesn't mention an A# anywhere. Are you sure about this?

There should be a box for A number, is it blank?

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jsb

10-30 04:01 PM

I have future GC filed from Company X, the priority date is February 2006.
I am currently working for Company Y on H1B. This H1B will expire in April 2009. Company Y is also ready to file my GC and I would like to work with Company Y till by future GC is approved, my question is if I have already filed for 485, EAD and AP through Company X, scenario will it be advisable to file another labour and I-140 through Company Y now?
What could be the implications?

It is advisable if work at Y is significantly different than what is in LC filed at X. There is no other negative impact of that, other than filing fees. If Y is willing to file for your LC go for it. That way you are not restricted by rules of AC21. There is no limit on how many I-140 or LC's you can have.

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pkv

01-07 06:13 PM

Thanks Sanjay02.

Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
If I use new one(which is valid), isn't it in contra with AOS application?

Has anyone faced this situation ?

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kumar1

09-26 09:18 AM

You can do that, however, you would find that after 10 years, you are still looking at different US consulates for visa interview but your friends who remained with one employer, got their GC and they have lot more freedom than you do. It is a very difficult question. Either you can move from job to job and get paid more or you just stick to one, sacrifice some money/flexibility but get thing done in one shot.
Worst possible case would be - you realize after 6 years that you should have stuck with one employer!

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trance

07-19 09:38 PM

Hi There,

I work in Company A, and Company A filed my GC April 2008 under EB2 Category.

Priority Date: April 2008

I-140: Approved

I-485- To be Filed

I also have a Masters Degree in the US.

I received an offer from Company B (Top consulting Firm) and they are willing to process my GC but in EB3 Category.

My Current H1 will expire in May 2012.

My wife is in the health care profession and currently a student in school and should get a a job next year. She is on a F1 currently and she should apply for a H1 next year. I am assuming that she can file for a GC in the EB2 category.

Questions:
1. Does it make sense to take up the offer or just wait for my I -485 date to become current. If i do not take up the offer, then i would lose out from a career growth perspective.

2. If i take up the offer and apply in the EB 3 category, hoping that my wife�s GC would be filed in EB2, can i apply I -485 with her.

3. Finally, does it make any sense to apply in EB3?

Your advice would be appreciated...

Thanks

Trance

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justAnotherFile

11-21 01:47 PM

See body of email below....

Hi,

I would like your highly successful program to do a show on the "Plight of Legal High-Skilled Immigrants". The plight of legal immigants has been lost in all the noise and focus on illegal immigration. There are about 500K legal high-skilled immigrants from around the world who are presently working in the US legally on a temporary work visa issued by the US Citizenship and Immigration Services and in the queue for a permanent resident card also known as Green Card (GC).

There are only 140K GCs given per year for all employment based categories and the employer who sponsors the immigrant has to prove that the job cannot be filled by an American Citizen through a lbour market test. The 140K number is also used to count the spouse and children of the high skilled immigrant. So in essence there are only about 60K high skilled immigrants given a GC each year. Also there is a per country limit of 7%, so only about 5000 GCs are given to high-skilled geal immigrants from each country. This has lead to a huge backlog in GCs especially from countries which send may high-skilled immigrants like China and India. To make matters worse the Congress authorized about 250K illegal aliens a one time waiver to adjust status in the year 2000 and those numbers come out of the regular 140K per year granted to legal high-skilled immigrants.

All this has resulted in a expected wait of "8-12 years" for getting a GC for a "Play-By The Rules" legal high-skilled immigrant. Add another % years after that to get US Citizenship. Seeing these kind of numbers many talented young engineers , scientists and doctors are moving to other countries in droves. No one would like a wait for 15 years to become a naturalized citizen. America is losing a lot due to this Retrogression (Backlog) in GCs, especially when there is a global competition for Talent. The only ones who have patience to stick on is those who have already been in the waiting game for
years and have a lot at stake to leave it at this stage. And for those that chose to wait in this manner life is hell. For 7-10 years they cannot change jobs, cannot get promoted or even change job roles within the same company, cannot get transferred to a different location in same company. Any of these events will mean starting in line all over again. Also their spouses cannot work and they cannot buy homes or make other investment decisions due to the uncertainity, many who have kids in college have to pay higher tution.

I am one of these stuck in this GC hell for the last 9 years, I came to the United States as a student in 1995 to pursue graduate studies in Engineering in a top-ranked university. I have been employed legally in the US since I graduated in 1997 and been pursuing the GC dream for the last 9 years. The end is not in sight and if Congress does not pass any relief I expect the wait to last at least another 5 years.

What does it take for congress to pass some relief? Just some simple relief measures
1. Increase the numbers of GCs to 250K per year temporarily for 2-3 years to alleviate the current problem.
2. Allow to recover unused GC numbers from previous 5 years to be used to alleviate the current retrogression.
3. Do not count spouse and dependents towards the annual number
4. Do not count against the annual cap count certain high-skilled immigrants who have a advanced degree from the US and have worked in a high-skilled job legally in the United states for 3 years .

60 minutes is a highly regarded program that brings to focus issues that impact adversely law-abiding people and issues that impact America as a nation. I would request you to air a program on the plight of legal high-skilled immigrants to bring this highly important issue to national focus.

regds,
xxxxxx

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binadh

10-02 11:22 AM

Are there any new updates? My case was filed in Jun 07, responded to the query in NOV 07, and it is still pending?

What the &*^% is going on? !!@$%ing DOL.

:mad:

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