msyedy
02-05 08:36 PM
1) I agree with all who are asking you to quit and get your H1-B transfered, but my concern is whether your H1-B is still valid or not as your I-140 has been revoked or is still in consideration.
You can search for a company and file for a transfer and can still stay with this company till you get an answer. You can hold multiple H1-B's at the same time.
2) Time taken for an H1-B approval varies, it all depends on your fate.
I would suggest that you give $1000 and get it premium and you would get an answer in two weeks.
3) Yes you can file Labor and I-140 again with the new employer before 2009 and can take extensions.
These are my suggestions, it would be better that you consult a good lawyer to be contended as the lawyer would be dealing with cases more like these then we.
You can search for a company and file for a transfer and can still stay with this company till you get an answer. You can hold multiple H1-B's at the same time.
2) Time taken for an H1-B approval varies, it all depends on your fate.
I would suggest that you give $1000 and get it premium and you would get an answer in two weeks.
3) Yes you can file Labor and I-140 again with the new employer before 2009 and can take extensions.
These are my suggestions, it would be better that you consult a good lawyer to be contended as the lawyer would be dealing with cases more like these then we.
boreal
08-24 07:30 PM
Hello GreatGuy
You can be a lil more cordious and polite :rolleyes:
At least if you expect somebody to answer your question.
Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.
Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.
On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.
Good luck GREAT. I expect you to be a lil more polite on these
forums.
Ok now we know who is desperately looking for one such pre-approved LCs...All you blood-sucking desi consultancies...one more for you guys to earn money!!
You can be a lil more cordious and polite :rolleyes:
At least if you expect somebody to answer your question.
Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.
Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.
On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.
Good luck GREAT. I expect you to be a lil more polite on these
forums.
Ok now we know who is desperately looking for one such pre-approved LCs...All you blood-sucking desi consultancies...one more for you guys to earn money!!
ch102
11-20 12:09 PM
Just how bad is the backlog? (http://imminfo.com/Blog/articles.php?art_id=100&start=1)
Following the release by the USCIS of their backlog statistics in September, many prospective immigrants began to reevaluate the idea of upgrading to higher preference classifications. Central to any such decision is the answer to the question �How long do I have to wait if I remain in my present classification?� The purpose of this article is to help applicants try and determine just how long that wait will be.
The answer to that question, like most things, is complex. It depends on several factors that are unknown at this time. These include:
� There is an unknown number of pending AOS cases that have not yet been classified or reviewed.
� In the case of EB2, there is an unknown number of EB3 applicants who are actively in the process of upgrading to EB2.
� There are additional cases in the pipeline, not accounted for by the available backlog information.
While it is not possible to predict with accuracy precisely how long it will be before specific applicants will receive immigrant visas, it is possible to get some idea of the minimum waiting time. That is, it is possible to determine how long it will be, at an absolute minimum, before a visa number becomes available. The actual waiting time will be longer than the minimum time, but this will at least give people a rough idea of just what they are looking at.
Let�s first look at the employment based second preference category (EB2). For purposes of this discussion, we will look at the visa waiting times for China, India, and Worldwide.
The �Worldwide� chargeability area is �current� � meaning that there are more visas available under the quota that there are qualified applicants. This means that anyone chargeable to the Worldwide EB2 category has immediate access to a visa. This condition will remain so for at least the next several years.
Because there are unused visa numbers within the EB2 Worldwide allocation, the remaining numbers may be used by people who are otherwise eligible, but for the single state limit (i.e., citizens of China and India). These applicants may use the leftover EB2 numbers as though they were chargeable to the Worldwide category, as long as visas remain available. That is, those with the oldest priority dates, irrespective of country of birth, are at the head of the line for EB2 visas.
Let�s take a look at the backlog information for EB2 visas shown on the CIS website, arranged, by priority dates, area of charge and year:
The Worldwide allocation for EB2 is roughly 40,000 visas annually, plus all unused EB1 numbers. For fiscal year 2008, a total of 35,590 employment-based first preference visas were issued. Due to the failure of the CIS to adjudicate enough family based adjustment of status cases, about 25,000 visas from that quota fell over into the employment based quota and a total of 70,135 EB2 visas were issued. For fiscal year 2009, there were considerably fewer family based visas available for use by the EB categories. For FY 2010, the State Department estimates that there will be only about 5,000 such additional visas available. For our purposes, we can assume that EB1 will have about 5,000 leftover visas and another 5,000 will become available from the family based quota. This means that the EB2 visa availability will be approximately 50,000 for this fiscal year.
If we assume that all of the demand shown on the CIS website remains, and that there is no additional demand, the total of pre-approved EB2 cases pending before the CIS with priority dates earlier than 2007 is almost 52,000. In reality, this demand represents about two-thirds of the actual demand, so the likelihood is that the EB2 cutoff date will not move beyond May, 2006 by the end of fiscal year 2010 (September 30, 2010).
If the EB2 cutoff date does reach May, 2006 by the end of FY 2010, then it would likely reach the end of calendar year 2008 (and probably go into early 2009) by the end of fiscal year 2011.
A word of warning is in order at this point. Our office alone has received about 150 inquiries in the last couple of months by people with established EB3 priority dates who wish to file new PERM applications so that they may qualify for EB2. When they do, they will take their EB3 priority dates with them. This means that they will enter the EB2 waiting list at a point much earlier in time.
Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
..........
.........
Following the release by the USCIS of their backlog statistics in September, many prospective immigrants began to reevaluate the idea of upgrading to higher preference classifications. Central to any such decision is the answer to the question �How long do I have to wait if I remain in my present classification?� The purpose of this article is to help applicants try and determine just how long that wait will be.
The answer to that question, like most things, is complex. It depends on several factors that are unknown at this time. These include:
� There is an unknown number of pending AOS cases that have not yet been classified or reviewed.
� In the case of EB2, there is an unknown number of EB3 applicants who are actively in the process of upgrading to EB2.
� There are additional cases in the pipeline, not accounted for by the available backlog information.
While it is not possible to predict with accuracy precisely how long it will be before specific applicants will receive immigrant visas, it is possible to get some idea of the minimum waiting time. That is, it is possible to determine how long it will be, at an absolute minimum, before a visa number becomes available. The actual waiting time will be longer than the minimum time, but this will at least give people a rough idea of just what they are looking at.
Let�s first look at the employment based second preference category (EB2). For purposes of this discussion, we will look at the visa waiting times for China, India, and Worldwide.
The �Worldwide� chargeability area is �current� � meaning that there are more visas available under the quota that there are qualified applicants. This means that anyone chargeable to the Worldwide EB2 category has immediate access to a visa. This condition will remain so for at least the next several years.
Because there are unused visa numbers within the EB2 Worldwide allocation, the remaining numbers may be used by people who are otherwise eligible, but for the single state limit (i.e., citizens of China and India). These applicants may use the leftover EB2 numbers as though they were chargeable to the Worldwide category, as long as visas remain available. That is, those with the oldest priority dates, irrespective of country of birth, are at the head of the line for EB2 visas.
Let�s take a look at the backlog information for EB2 visas shown on the CIS website, arranged, by priority dates, area of charge and year:
The Worldwide allocation for EB2 is roughly 40,000 visas annually, plus all unused EB1 numbers. For fiscal year 2008, a total of 35,590 employment-based first preference visas were issued. Due to the failure of the CIS to adjudicate enough family based adjustment of status cases, about 25,000 visas from that quota fell over into the employment based quota and a total of 70,135 EB2 visas were issued. For fiscal year 2009, there were considerably fewer family based visas available for use by the EB categories. For FY 2010, the State Department estimates that there will be only about 5,000 such additional visas available. For our purposes, we can assume that EB1 will have about 5,000 leftover visas and another 5,000 will become available from the family based quota. This means that the EB2 visa availability will be approximately 50,000 for this fiscal year.
If we assume that all of the demand shown on the CIS website remains, and that there is no additional demand, the total of pre-approved EB2 cases pending before the CIS with priority dates earlier than 2007 is almost 52,000. In reality, this demand represents about two-thirds of the actual demand, so the likelihood is that the EB2 cutoff date will not move beyond May, 2006 by the end of fiscal year 2010 (September 30, 2010).
If the EB2 cutoff date does reach May, 2006 by the end of FY 2010, then it would likely reach the end of calendar year 2008 (and probably go into early 2009) by the end of fiscal year 2011.
A word of warning is in order at this point. Our office alone has received about 150 inquiries in the last couple of months by people with established EB3 priority dates who wish to file new PERM applications so that they may qualify for EB2. When they do, they will take their EB3 priority dates with them. This means that they will enter the EB2 waiting list at a point much earlier in time.
Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
..........
.........
FixCIS
01-24 12:51 PM
Can the period for which PD was not current be taken into account while counting the wait period?
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
amsgc, filing a WOM while your PD is not current will not work. The US Attorney will simply dismiss your action as moot, or in the best case scenario, you will have to hold your case in abeyance while you wait for the PD to become current again. The idea of adding the department of state as a defendant is not likely to work.
Living in NDCA, your best bet is to file the WOM. There is no need to wait for the congressman or first lady's response.
Aside from the obvious AP EAD issues, how has the GC delay affected your life or inconvenienced you?
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
amsgc, filing a WOM while your PD is not current will not work. The US Attorney will simply dismiss your action as moot, or in the best case scenario, you will have to hold your case in abeyance while you wait for the PD to become current again. The idea of adding the department of state as a defendant is not likely to work.
Living in NDCA, your best bet is to file the WOM. There is no need to wait for the congressman or first lady's response.
Aside from the obvious AP EAD issues, how has the GC delay affected your life or inconvenienced you?
more...
YesGC_NoGC
10-09 05:15 PM
The only good part is that they are not jerking the dates back and forth. Hopefully this is a sign that dates are not going to retrogress any further.
If they apply quarterly spill over, we should see some movement in December. Lets wait and see......
What else ?
If they apply quarterly spill over, we should see some movement in December. Lets wait and see......
What else ?
webm
04-22 03:13 PM
its good to see data like this after a while...if nothing else...it provides a snapshot of where we are.
yeh true...
yeh true...
more...
little_willy
10-04 01:20 PM
Thanks for the link
rego
04-22 11:43 AM
My Regular H1 Extension (8th Year) was approved in one week, in March.
more...
RandyK
02-16 10:57 AM
How is the FBI check different for H1 Vs I-485/CP ? Don't they look for criminal history at both times ?
widad2020
08-11 09:55 AM
Carry the new Approval notice(s), copy of entire application, your h1 approval and a couple of your recent paystubs. Should suffice. at the POE the officer will issue a new paper stub I94 that has the 2009 date.
graj012 is correct.But apply for I-539 extn of Non-immigration status ASAP once she is back from vacation so that her status is also extended and on to your new emplyer
graj012 is correct.But apply for I-539 extn of Non-immigration status ASAP once she is back from vacation so that her status is also extended and on to your new emplyer
more...
Outkastpb231
10-29 06:04 PM
I'm sorry guys, my skills are not that of a professional, hence the title "Freelance Photoshopper" but I can do a whole website (Not really really really fancy), code, and flash animations.
p7810456
06-18 05:59 PM
I am not getting any appointment in June with any doctor within 60 miles from my place. So I took an appointment with a doc 70+ miles away for end of june. The only problem is I need to go twice 70 miles one way. The clinic suggested I do the blood work in nearby county clinic, but the county clinic wants 7-10 days to get results of blood work. I asked them for HIV and Sephallius test to be done. I already got TB Skin test(tested negative) done at county clinic.
Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.
its kinda interesting why there is no appointment available sooner. I am in florida and i heard frmo my attorney on Thursday.. and called 3 doctors Friday morning.. all three said come down right now. Finally went to one of them the same day in the afternoon.. he did some blood work.. gave me MMR and TD.. and did TB test. I want back today morning and got my all the reports.
As far as I know, we need to get only one blood work done.. doctor can test both HIV and Syph in the same one.
Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.
its kinda interesting why there is no appointment available sooner. I am in florida and i heard frmo my attorney on Thursday.. and called 3 doctors Friday morning.. all three said come down right now. Finally went to one of them the same day in the afternoon.. he did some blood work.. gave me MMR and TD.. and did TB test. I want back today morning and got my all the reports.
As far as I know, we need to get only one blood work done.. doctor can test both HIV and Syph in the same one.
more...
st4rguitar
04-14 08:44 PM
I will talk to my employer once I get my I-140 for EB3 approved and see what happens. Thanks for your response, it is appreciated :)
No problem, good luck!
No problem, good luck!
sunny1000
03-26 03:13 PM
I agree with PCS. We should keep this as a volunteer organisation and send email newsletter,word of the mouth etc, for fundraising. I am not sure if we should impose a membership fee as this is a volunteer org and also people who want to donate money would do it anyways. Just my thought:D
more...
Munna Bhai
01-30 07:32 AM
My employer says that USCIS confused with another employer with the same name who is not funcioning from 2003(Or this guys would have given their old Licence number of 2003 to USCIS while applying I140 which was overlooked by USCIS while approval). On this confusion they 'Intent to revoke'.My employer has sent the current licence they have to USCIS. So we are waiting for the decision. But I did not see the 'Intent to Revoke' letter myself. They are not sending it too. So i am nervous and thinking of other options.
USCIS site says that additional documents has been received and they will make a decision soon.
If you know that it is for another employee then why you worry. Just submit all the required document and everything should be fine. USCIS are very considerate.
USCIS site says that additional documents has been received and they will make a decision soon.
If you know that it is for another employee then why you worry. Just submit all the required document and everything should be fine. USCIS are very considerate.
singhsa3
07-25 03:55 PM
That exactly my point too. Any unique protest idea should be shared among us and saved for future use.
I agree that protest idea should not be misused. They have listened to us once now they will say "what else they want". Though there are more long terms issues but i guess protest ideas can be saved for later on or wait for the momentum to buildup itself.
I agree that protest idea should not be misused. They have listened to us once now they will say "what else they want". Though there are more long terms issues but i guess protest ideas can be saved for later on or wait for the momentum to buildup itself.
more...
nixstor
08-23 11:10 PM
You are not the only one to get that message. Info pass appointments are tough to get now. Check during odd hours. I finally found one after hours. ASC's are NOT the same as Field offices. Also Some Field offices require you to show the corresponding state drivers license.
Dhundhun
08-09 01:13 PM
The top reason would be-
"We are the USCIS".
What say?
00. It's style - USCIS style.
"We are the USCIS".
What say?
00. It's style - USCIS style.
omved
05-06 02:20 PM
Thanks every one for your valuable suggestions. Now I feel more confident replying for RFE..
Radhay..no they haven't asked for any pay stubs..
Radhay..no they haven't asked for any pay stubs..
arnet
02-26 04:10 PM
H4 visa holder can pursue their studies in US but they cannot work while studying.
he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.
so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.
My wife is completing 6 years on H1 visa in Sept 07. She is planning to join school which will isssue her I-20. The school starts in Aug07 and she need to go to India for 2 weeks in Nov 07.
Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?
Thanks
he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.
so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.
My wife is completing 6 years on H1 visa in Sept 07. She is planning to join school which will isssue her I-20. The school starts in Aug07 and she need to go to India for 2 weeks in Nov 07.
Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?
Thanks
enthu999
07-17 06:17 PM
Fitz,
Following is some clarification that I got from my Lawyer..
1) Will there be any problem if I am not able to make it back on Oct-1st, due to any unforeseen reason, If 485 is already received by USCIS and pending?
a) You need to be physically present here when I-485 is filed. After that, it doesn't matter where you are. At some point you may be scheduled for fingerprinting, but you will likely have months for that.
2) If we leave on TN after filing AOS is there any chance that USCIS will consider the AOS request abandoned even if we return on Oct-1st in H status?
a) An I-485 can't be abandoned simply because you left the USA
3) Once we file 485 do we need to wait for the receipt before traveling abroad?
a) No.
Following is some clarification that I got from my Lawyer..
1) Will there be any problem if I am not able to make it back on Oct-1st, due to any unforeseen reason, If 485 is already received by USCIS and pending?
a) You need to be physically present here when I-485 is filed. After that, it doesn't matter where you are. At some point you may be scheduled for fingerprinting, but you will likely have months for that.
2) If we leave on TN after filing AOS is there any chance that USCIS will consider the AOS request abandoned even if we return on Oct-1st in H status?
a) An I-485 can't be abandoned simply because you left the USA
3) Once we file 485 do we need to wait for the receipt before traveling abroad?
a) No.
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