Sandeep
02-01 05:19 PM
Enabling The World's Most Talented Individuals To Put Their Skills To Work For America Will Increase Our Productivity, Improve Our International Competitiveness, And Create Many High-Paying Jobs For Americans. The President supports (http://www.whitehouse.gov/news/releases/2006/01/20060131-5.html) attracting and retaining the best and the brightest high-skilled workers from around the world by reforming the Nation's immigration system, while maintaining national security priorities. The President's comprehensive plan for immigration reform meets the needs of a growing economy, allows workers to provide for their families while respecting the law, and enhances homeland security by relieving pressure on the borders
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gaz
11-18 01:36 PM
background -
A friend is currently working full time with a large financial company where there are many layoffs going on. She has 140 approved, but her H1 is valid only till Sept 2009 (6 years complete; no date recoup possible).
H1 extension cannot be filed until 6 months prior to expiry i.e. Apr 2009.
questions -
If she gets laid off (next round of layoffs are expected in dec), can she still:
1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
2) file a new labor and port her PD from the approved 140?
3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
Thanks in advance!!
A friend is currently working full time with a large financial company where there are many layoffs going on. She has 140 approved, but her H1 is valid only till Sept 2009 (6 years complete; no date recoup possible).
H1 extension cannot be filed until 6 months prior to expiry i.e. Apr 2009.
questions -
If she gets laid off (next round of layoffs are expected in dec), can she still:
1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
2) file a new labor and port her PD from the approved 140?
3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
Thanks in advance!!
masterfender
04-28 03:18 PM
Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.
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sin94
11-11 01:09 AM
--------------------------------------------------------------------------------
140 filed February 2007 via Nebraska service center (EB2 category)
Applied and received 485 receipt number in October 2007, went for finger printing in November, EAD cards arrived.
employer changed office space locations in March 2008 no update was provided to USCIS as we just shifted certain operations to a bigger space and older address still valid for receiving letters
May 2008 140 case transferred from Nebraska to Texas service center
September 2008 dreaded email from USCIS automated systems "RFE request for initial evidence case placed on hold"
waited 10 days no response Lawyers called 1st time to USCIS help line received response that about duplicate notice sent. re-verified addresses for both lawyers and employers
15th day from RFE notice employer called USCIS (applicate cannot speak as 140 cases pertain to employer)updated address for employer provided
20th day from RFE notice Lawyers called again help line same response indicating another notice sent. Lawyers also send letter out to Nebraska service center indicating not receiving of RFE letter
28th day from RFE notice employer calls again (this time 800 number found on immigration portal website belived to be the 800 number for Texas service center) same response. USCIS officials issue a tracking case # and indicate that employer would either receive email within 5 working days or notice within 2 weeks.
30th day from RFE notice Lawyer call USCIS again about not receiving the RFE documents. New letter drafted and sent to the Texas service center.
Lawyers ask for assistance from ALA (American Lawyers Associations) for determination of status of RFE
Today we stand at the 43rd from the date of email from USCIS about RFE and no letter has yet being received by either employer or Lawyers
what am I supposed to do? what are my options?
Please help if anyone has had a similar situation with delays of RFE notice and how they responded. If you request to reply privately please send me a Private message with contact detail and best time to call or contact
Sin
140 filed February 2007 via Nebraska service center (EB2 category)
Applied and received 485 receipt number in October 2007, went for finger printing in November, EAD cards arrived.
employer changed office space locations in March 2008 no update was provided to USCIS as we just shifted certain operations to a bigger space and older address still valid for receiving letters
May 2008 140 case transferred from Nebraska to Texas service center
September 2008 dreaded email from USCIS automated systems "RFE request for initial evidence case placed on hold"
waited 10 days no response Lawyers called 1st time to USCIS help line received response that about duplicate notice sent. re-verified addresses for both lawyers and employers
15th day from RFE notice employer called USCIS (applicate cannot speak as 140 cases pertain to employer)updated address for employer provided
20th day from RFE notice Lawyers called again help line same response indicating another notice sent. Lawyers also send letter out to Nebraska service center indicating not receiving of RFE letter
28th day from RFE notice employer calls again (this time 800 number found on immigration portal website belived to be the 800 number for Texas service center) same response. USCIS officials issue a tracking case # and indicate that employer would either receive email within 5 working days or notice within 2 weeks.
30th day from RFE notice Lawyer call USCIS again about not receiving the RFE documents. New letter drafted and sent to the Texas service center.
Lawyers ask for assistance from ALA (American Lawyers Associations) for determination of status of RFE
Today we stand at the 43rd from the date of email from USCIS about RFE and no letter has yet being received by either employer or Lawyers
what am I supposed to do? what are my options?
Please help if anyone has had a similar situation with delays of RFE notice and how they responded. If you request to reply privately please send me a Private message with contact detail and best time to call or contact
Sin
more...
GreenMe
12-03 01:13 PM
Thanks for quick replies.
The reason for my concern is our Company lawyer has been getting calls from almost every person who went to India that they are either receiving 221G or getting denied.
Four of my co-workers are stuck due to administrative processing. But none of them attended Mumbai Consulate. My company has suggested that consulates are harassing people for no clear reason and hence should avoid India Travel for next few months.
Please continue to share your experiences.
The reason for my concern is our Company lawyer has been getting calls from almost every person who went to India that they are either receiving 221G or getting denied.
Four of my co-workers are stuck due to administrative processing. But none of them attended Mumbai Consulate. My company has suggested that consulates are harassing people for no clear reason and hence should avoid India Travel for next few months.
Please continue to share your experiences.
voldemar
12-26 12:52 PM
When I am working on H1-B, why should I keep my EAD current?You don't need to keep EAD current if you have H1. It's just easier to get new job with EAD if you want to change job or got laid off.
more...
indio0617
01-05 10:19 PM
For any new comprehensive immigration reform, we must push for the Ability to be able to file for EAD after labor rather than having to wait for I-140 approval.
Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.
Thanks,
WaldenPond
I do not think any of the proposed bills push for I-485 filing after the Labor Cert itself. This has not been proposed because I-140 approval is not an issue right now. It is being approved as fast as one month these days. But I see no harm in asking for it. Let us reach for the moon and see what we get :)
Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.
Thanks,
WaldenPond
I do not think any of the proposed bills push for I-485 filing after the Labor Cert itself. This has not been proposed because I-140 approval is not an issue right now. It is being approved as fast as one month these days. But I see no harm in asking for it. Let us reach for the moon and see what we get :)
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aau
07-16 10:36 AM
In the article. It also says that
"
It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach."
So, we don't know...
Hey,
Do you have access to the entire article? Could you post it here please..
"
It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach."
So, we don't know...
Hey,
Do you have access to the entire article? Could you post it here please..
more...
gvenkat
05-20 04:33 PM
President Obama recently mentioned plans for holding a White House meeting to discuss proceeding with immigration reform legislation. And now he is keeping that promise by setting June 8th, just three weeks from now, to hold the meeting. According to Politico: "The meeting will be an opportunity to launch a policy conversation that we hope will be able to start a debate that will take place in Congress later in the year," the official, who asked not to be named, said. Asked if the session would be billed as a summit or a forum, like similar meetings on health care...
More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)
Good if at all anything thats our only hope. If there is only amnesty for illegals atleast we can be illegals rightfully.. like overstay or even not be on H1.. etc... :D:D
More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)
Good if at all anything thats our only hope. If there is only amnesty for illegals atleast we can be illegals rightfully.. like overstay or even not be on H1.. etc... :D:D
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Aah_GC
07-11 05:01 PM
You have an immaculate sense of timing! Had they processed your application a week late - you would have received only one year EAD card. No wonder you are called Saint :)!
PS: The whiners brigade who think USCIS moved EB2 forward to make money out of EAD should know now
Hello All,
Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.
PS: The whiners brigade who think USCIS moved EB2 forward to make money out of EAD should know now
Hello All,
Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.
more...
ragz4u
02-24 12:46 PM
ragz4u, ...you pipped me to the post..hehe..:)
Thanks, this is very informative!
In any case, as per Shusterman.com, this bill will be tabled to the Judiciary committee on March 2nd. Today is Feb 24th. That leaves us only THREE working days to pass on this information to the committee members. We need to do something drastic to make our point.
All the members of IV, wake up! This is the time to fight. The anti-immigrant lobby will be getting very active in the next few days. We need to do the same
Thanks, this is very informative!
In any case, as per Shusterman.com, this bill will be tabled to the Judiciary committee on March 2nd. Today is Feb 24th. That leaves us only THREE working days to pass on this information to the committee members. We need to do something drastic to make our point.
All the members of IV, wake up! This is the time to fight. The anti-immigrant lobby will be getting very active in the next few days. We need to do the same
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Hong12
02-06 01:58 PM
Thank you very much for your help. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:
Form DS 156
- Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
- Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
- Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
- Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
- Question 29 (Have you ever been in US?):
For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?
DS 157
- Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.
Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.
Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.
I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:
Form DS 156
- Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
- Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
- Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
- Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
- Question 29 (Have you ever been in US?):
For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?
DS 157
- Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.
Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.
Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.
more...
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a_yaja
09-13 10:37 AM
I'll be graduating from med school next year. Per student counsel/student affair office, my seniors are qualified med professionals and are eligible for eb2 category.
Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?
Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.
Thanks,
You should be able to file H1B directly without becoming a student first. Since you already have an EAD (I assume that you have one since you are AOS), you don't even need to file a H1. However, it is your choice to file H1 or not. You do not need to be on a H1 to file for Labor, I-140, etc. You can do that while on AOS.
Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?
Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.
Thanks,
You should be able to file H1B directly without becoming a student first. Since you already have an EAD (I assume that you have one since you are AOS), you don't even need to file a H1. However, it is your choice to file H1 or not. You do not need to be on a H1 to file for Labor, I-140, etc. You can do that while on AOS.
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mchundi
12-16 06:26 PM
The numbers for 2005 were released in jan 06. They were discussed then in this forum.
http://immigrationvoice.org/forum/showthread.php?t=78
Please post the links when ever they release the numbers for the fiscal year 2006.
http://immigrationvoice.org/forum/showthread.php?t=78
Please post the links when ever they release the numbers for the fiscal year 2006.
more...
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geesee_99
12-14 11:36 AM
Thanks for reply CPUwiz.
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ashkam
03-29 11:40 AM
Cacophonix, your refutation to the diarist's and Bob Oak's claims was brilliant, well-researched and best of all, well-articulated. Kudos to you.
more...
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jkays94
04-01 10:29 AM
IT in canada is in a bad shape.....very difficult to maintain a good job.....people get citizenship after 3 years...and they move to usa on TN visa...
I agree, IT might be in a bad shape in Canada, and indeed, coming back on a TN visa is indeed shorter than waiting for 6/7 years for a GC, not to mention that one gains self driven job mobility.
I agree, IT might be in a bad shape in Canada, and indeed, coming back on a TN visa is indeed shorter than waiting for 6/7 years for a GC, not to mention that one gains self driven job mobility.
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kumar1
11-24 02:11 PM
There is always a calculated risk in extending I-94. No one can predict the outcome of this process. Personally, I would not do it.
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nousername
10-12 07:09 PM
She can absolutely come and work on a H1, provided she has a hospital to process her paperwork.
To best of my understand Nurses are still welcomed in the US. She just needs to find a job with a hospital which is willing to apply for H1B.
My sister is currently working abroad as a Nurse and is looking to work in US. I have done some asking around and figured that Nurses are not welcomed in US as they used to be.
My question is: Is it possible for my sister to come and work in the country on an H1 visa, since she cannot come in with GC anyways. If yes, how do I explore this avenue.
I am raising this query through IV forum to get more clarity on her options. I am being told that there are specialist nurses who are coming in, on H1 to US. Only I can't validate it with anyone.
Any help would be appreciated as always.
Look forward to hearing from you all..
To best of my understand Nurses are still welcomed in the US. She just needs to find a job with a hospital which is willing to apply for H1B.
My sister is currently working abroad as a Nurse and is looking to work in US. I have done some asking around and figured that Nurses are not welcomed in US as they used to be.
My question is: Is it possible for my sister to come and work in the country on an H1 visa, since she cannot come in with GC anyways. If yes, how do I explore this avenue.
I am raising this query through IV forum to get more clarity on her options. I am being told that there are specialist nurses who are coming in, on H1 to US. Only I can't validate it with anyone.
Any help would be appreciated as always.
Look forward to hearing from you all..
PBECVictim
07-13 01:44 PM
Nothing
Cataphract
05-25 08:53 AM
I just read this article in the paper today and wanted to share it with all of you.
It seems the general media has an impression that this CIR bill is a boon for the legal, skillled immigrant population, now we all know how true that is.
No one it seems has bothered to did deep enough to find out about the true perils of this bill, from the legal immigrants standpoint. That is where we need to also focus our resources.
I truly think that the conservative commentators who write on the op-ed pages of Washington Post, New York Times a and WSJ are our best bets in these tough times. Believe it or not, in the last few days I have read more than a few articles where they have addressed the new bill and have come out in support of legal, skilled immigrants rather than the liberals who are all gung-ho for the the low skilled population and care too much about still preserving family ties and encouraging chain migration. If we were to email something to say, George Will, Charles Krauthammer (I truly despise this right wing nut, but still) or even Robert Novak, there is a good chance they will address this issue.
I think we should develop a stinging rebuke (i know we already have, but this will be a very, very simpler version without all the clause quotations and targeted directly to the laymen), in the form of an Op-Ed piece that addresses in a point-by-point basis some of the most unfavorable provisions that this bill is littered with and also address the misinformation that is being spread suggesting that all of us legal skilled immigrants are going to come out way ahead once this bill passes.
I think we have a very good chance getting it published in one of these papers and it will have a huge impact.
This truly is make or break point for us and thanks everyone for doing their part. I just hope our lobbyists are aware of this predicament and that how damaging it will be to our interests if this bill passes.
Btw, just saw this poll/article on NYT about how most Americans are in favor of the guest worker program and legalizing illegals.
http://www.nytimes.com/2007/05/25/us/25poll.html?hp
http://www.washingtonpost.com/wp-dyn/content/article/2007/05/24/AR2007052402605.html?hpid=topnews
For some reason my uploads of PDF's failed, so I am adding links.
It seems the general media has an impression that this CIR bill is a boon for the legal, skillled immigrant population, now we all know how true that is.
No one it seems has bothered to did deep enough to find out about the true perils of this bill, from the legal immigrants standpoint. That is where we need to also focus our resources.
I truly think that the conservative commentators who write on the op-ed pages of Washington Post, New York Times a and WSJ are our best bets in these tough times. Believe it or not, in the last few days I have read more than a few articles where they have addressed the new bill and have come out in support of legal, skilled immigrants rather than the liberals who are all gung-ho for the the low skilled population and care too much about still preserving family ties and encouraging chain migration. If we were to email something to say, George Will, Charles Krauthammer (I truly despise this right wing nut, but still) or even Robert Novak, there is a good chance they will address this issue.
I think we should develop a stinging rebuke (i know we already have, but this will be a very, very simpler version without all the clause quotations and targeted directly to the laymen), in the form of an Op-Ed piece that addresses in a point-by-point basis some of the most unfavorable provisions that this bill is littered with and also address the misinformation that is being spread suggesting that all of us legal skilled immigrants are going to come out way ahead once this bill passes.
I think we have a very good chance getting it published in one of these papers and it will have a huge impact.
This truly is make or break point for us and thanks everyone for doing their part. I just hope our lobbyists are aware of this predicament and that how damaging it will be to our interests if this bill passes.
Btw, just saw this poll/article on NYT about how most Americans are in favor of the guest worker program and legalizing illegals.
http://www.nytimes.com/2007/05/25/us/25poll.html?hp
http://www.washingtonpost.com/wp-dyn/content/article/2007/05/24/AR2007052402605.html?hpid=topnews
For some reason my uploads of PDF's failed, so I am adding links.
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