CaliHoneB
09-21 10:58 AM
There may or maynot be Department of Labor involvement here but I think USCIS needs to help up more than anybody
After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.
I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
The solution is simple
Eb2 = B.S+ 5 years of experience or M.S degree
So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)
I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
I know it is a wishful thinking but I see this as a most practical solution on the table.
After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.
I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
The solution is simple
Eb2 = B.S+ 5 years of experience or M.S degree
So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)
I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
I know it is a wishful thinking but I see this as a most practical solution on the table.
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pa_arora
09-21 11:45 AM
.. by trying to get our provisions included in this bill .. Duh..
I may not know the process completely, but how does it work as the Bill has already been passed. Can somebody amend the Bill after it passed? If yes, dosen't it needs to go thru the the voting again?
ciao
-p
I may not know the process completely, but how does it work as the Bill has already been passed. Can somebody amend the Bill after it passed? If yes, dosen't it needs to go thru the the voting again?
ciao
-p
MrWaitingGC
12-13 12:51 PM
All that matters for the french is your stamping, if your passport stamping is valid(even if you are not on that visa anymore), you dont need. If your stamping expired, you need a transit visa, and you need to go in person for the french transit visa, which is not needed for german and british transit visa.
Recently my parents went back to India via Fankfurt in Lufthansa.
There they asked is your visa expired if so you should have transit visa.
Since my parents had valid visa it was ok.
Recently my parents went back to India via Fankfurt in Lufthansa.
There they asked is your visa expired if so you should have transit visa.
Since my parents had valid visa it was ok.
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martinvisalaw
10-21 04:30 PM
Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.
more...
lj_rr
07-30 10:13 AM
So the USCIS article asks you to select Nebraska or Texas based on where you live.
Another place I read that it is based on location of permanent employment.
For me my employer is based at NJ and I work for a client in CA.
They have sent my 485 to Texas. Does this look Ok.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
Another place I read that it is based on location of permanent employment.
For me my employer is based at NJ and I work for a client in CA.
They have sent my 485 to Texas. Does this look Ok.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
Leo07
10-07 01:21 PM
I was wondering about the second part of the question/answer. Thanks rockstart!
more...
Aura M.
02-21 03:59 PM
no accountability..just pay the fees, shutup and wait..
sorry dude but that's the reality
Oh my God you are so polite... What an answer
sorry dude but that's the reality
Oh my God you are so polite... What an answer
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GC_1000Watt
10-12 09:57 PM
jcrajput.. I have had my renewal stamping done last month in India and am purely stating from personal experience. I was asked for to show 6 months of paystub by the officer. Luckily I had them on me so I could show it.
You can take the minimum but travelling with the minimum puts your family at a risk when you go for the interview. No lawyer or any other member at IV can help you there.It Doesnt hurt to be proactive and prepared in the right way. In this time of recession, more documentation has been asked then ever. For my earlier stamping no documents were required, but this time W2's and paystubs were asked.
You may even want to ask Mr 1000 watt when he last got his stamping done and go by whatever he recommends.
Can you tell us if you renewed your H1B with the one who filed your previous H1B or you filed with a new employer this time?
You can take the minimum but travelling with the minimum puts your family at a risk when you go for the interview. No lawyer or any other member at IV can help you there.It Doesnt hurt to be proactive and prepared in the right way. In this time of recession, more documentation has been asked then ever. For my earlier stamping no documents were required, but this time W2's and paystubs were asked.
You may even want to ask Mr 1000 watt when he last got his stamping done and go by whatever he recommends.
Can you tell us if you renewed your H1B with the one who filed your previous H1B or you filed with a new employer this time?
more...
.soulty
01-20 03:52 AM
I really like this, nice work man.
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little_willy
09-15 11:49 PM
�Progress is impossible without change, and those who cannot change their minds cannot change anything.�
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abhishek101
05-01 07:57 AM
They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
"Card production ordered/Oath Document sent".
It is just misleadig for a lot of people they can misread it as the PR card.
"Card production ordered/Oath Document sent".
It is just misleadig for a lot of people they can misread it as the PR card.
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amsgc
06-01 07:38 PM
Instead of trying to figure out which copy/original of AP goes where, and how many originals you should/will get, understand this simple fact: If you have an approved multiple entry AP, then you will be able to enter multiple times.
Each port of entry has a diffierent way of doing things. At the end of your immigration through the POE, you will have atleast one AP travel document in your hand, which will be stamped. You can use the same document to re-enter before the expiration date (on the AP), as long as it is multiple entry.
So just relax and enjoy your travel.
When it is three copies (Nebraska has been giving three), on first travel, one copy goes to airlines, the 2nd copy goes to POE and 3rd copy remains with AP holder (the 3rd copy must be stamped at POE). On subsequent travels give a photocopy (of 3rd) to airlines, ask POE to make a copy (of 3rd) for themselves and keep 3rd (after getting subsequents stamp).
When it is two copies (Texas has been giving two), on first travel, give a photocopy to airlines the 1nd copy goes to POE and 2nd copy remains with AP holder (the 2nd copy must be stamped at POE). On subsequent travels give a photocopy (of 2nd) to airlines, ask POE to make a copy (of 2nd) for themselves and keep 2nd (after getting subsequents stamp).
Each port of entry has a diffierent way of doing things. At the end of your immigration through the POE, you will have atleast one AP travel document in your hand, which will be stamped. You can use the same document to re-enter before the expiration date (on the AP), as long as it is multiple entry.
So just relax and enjoy your travel.
When it is three copies (Nebraska has been giving three), on first travel, one copy goes to airlines, the 2nd copy goes to POE and 3rd copy remains with AP holder (the 3rd copy must be stamped at POE). On subsequent travels give a photocopy (of 3rd) to airlines, ask POE to make a copy (of 3rd) for themselves and keep 3rd (after getting subsequents stamp).
When it is two copies (Texas has been giving two), on first travel, give a photocopy to airlines the 1nd copy goes to POE and 2nd copy remains with AP holder (the 2nd copy must be stamped at POE). On subsequent travels give a photocopy (of 2nd) to airlines, ask POE to make a copy (of 2nd) for themselves and keep 2nd (after getting subsequents stamp).
more...
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airbusfan
06-01 12:10 PM
I also have access issue, but just since yesterday. Again like Rahul, I'm by no means desperate to have access to the forums, but would be nice. Please let us know if there is an issue that we can help out with in this regards!
I still no access to the donor forums for me. I've already sent 3 emails per the thread above. Is it really such a big deal to grant access to donor forum??
I still no access to the donor forums for me. I've already sent 3 emails per the thread above. Is it really such a big deal to grant access to donor forum??
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alseethis
06-11 01:00 PM
How is the market? I want to share my history and see if the situation is the same in other places.
I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
Today we are trying to hire another programmer and so far, 1 month, no one show up.
I don't know if this situation is happening in other places, but from our experience since 2003.
- there are not many americans interested in IT ?!?
- the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
- due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.
My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.
Again, anyone seeing the same in other places...
I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
Today we are trying to hire another programmer and so far, 1 month, no one show up.
I don't know if this situation is happening in other places, but from our experience since 2003.
- there are not many americans interested in IT ?!?
- the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
- due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.
My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.
Again, anyone seeing the same in other places...
more...
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uslegals
12-21 09:56 AM
Any advice is appreciated.!
thanks!
thanks!
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lskreddy
12-11 02:24 PM
Not that this should trump any of the above answers coz there could be context behind these that I don't understand. I had asked these same questions to Prashanthi Reddy, the lawyer who volunteers here at IV.
Can one apply for an EAD while they are out of the country?-NO
Can one travel when AP is pending?-YES AS LONG AS THIS IS AN EMPLOYMENT BASED CASE AND YOU CAN COME BACK TO DO BIOMETRICS WHEN NECESSARY
Can one travel when EAD is pending?-YES
Can one apply for an EAD while they are out of the country?-NO
Can one travel when AP is pending?-YES AS LONG AS THIS IS AN EMPLOYMENT BASED CASE AND YOU CAN COME BACK TO DO BIOMETRICS WHEN NECESSARY
Can one travel when EAD is pending?-YES
more...
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java4yogi
09-03 03:17 PM
Hello Friends,
Could somebody pls. help and respond to this query.
In case of approved Change of Status from H4-H1B , when can the H1B holder apply for a SSN. Do we need to wait till Oct. 1 to apply for the SSN or can we apply earlier.
I heard that it can take anytime between 2-8 weeks and the H1B holder is not supposed to start working till they receive the SSN.
Thanks a lot for your help, its greatly appreciated.
Could somebody pls. help and respond to this query.
In case of approved Change of Status from H4-H1B , when can the H1B holder apply for a SSN. Do we need to wait till Oct. 1 to apply for the SSN or can we apply earlier.
I heard that it can take anytime between 2-8 weeks and the H1B holder is not supposed to start working till they receive the SSN.
Thanks a lot for your help, its greatly appreciated.
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jcrajput
12-31 09:26 AM
Thank you for your help. I really appericate your response.
I have one more question. How I can apply for AP? How long AP is valid for?
I have one more question. How I can apply for AP? How long AP is valid for?
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Blog Feeds
08-08 09:30 AM
These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
eldrick
07-31 05:19 PM
They also didn't ask me to sign form G28. Is this ok? Does this mean that receipt number will be mailed to me directly?
team trim
03-23 07:28 PM
Hello,
My first H1-B visa expires in September 2009. I was going to have my company file for extension exactly 6 months before the expiry date until I found out I cannot travel out of the U.S. while my extension application is pending. I have a trip planned in July.
My company attorney recommended that I put off submitting the extension, go on my trip and apply as soon as I get back.
Is there any risk associated with doing this? Or is it better to apply as soon as I can at the 6 month mark?
Thank you,
Team
My first H1-B visa expires in September 2009. I was going to have my company file for extension exactly 6 months before the expiry date until I found out I cannot travel out of the U.S. while my extension application is pending. I have a trip planned in July.
My company attorney recommended that I put off submitting the extension, go on my trip and apply as soon as I get back.
Is there any risk associated with doing this? Or is it better to apply as soon as I can at the 6 month mark?
Thank you,
Team
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