pd_recapturing
02-27 08:47 AM
180 days are counted from RD of I-485 but its safer to count it from notice date to avoind any issues.
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gc_chahiye
07-12 11:59 AM
you wont be subject to cap if you jump to H4 and jump back to H1 since you were on cap subject H1 within the past 365 days. However if your spouse jumps to H4, she can only jump back to a non-cap H1. If she wants to work for a for-profit, she has to go through teh H1 cap.
Basically the fact that your H4 was based off a non-cap H1 has no bearing on your own H1 status and cap limits and returning to H1 again.
If you are on 7th year and you get layed off, you can only get the H4->H1 done if you still have that I-140 approved. If in the process of laying you off your employer also cancels teh I-140 you cant come back to H1. You need to wait outside teh US a year and you'll be subject to cap again.
one more thing: I am not sure how long you can stay on H4 and come back to H1 without being subject to cap. (is it 1 year or 6 years)
Basically the fact that your H4 was based off a non-cap H1 has no bearing on your own H1 status and cap limits and returning to H1 again.
If you are on 7th year and you get layed off, you can only get the H4->H1 done if you still have that I-140 approved. If in the process of laying you off your employer also cancels teh I-140 you cant come back to H1. You need to wait outside teh US a year and you'll be subject to cap again.
one more thing: I am not sure how long you can stay on H4 and come back to H1 without being subject to cap. (is it 1 year or 6 years)
jscris
July 15th, 2004, 12:58 PM
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cbpds
06-01 07:00 PM
Cant agree with you more, the below request should be dealt with separately instead of been clubbed with other major issues( akin to legal immigration clubbed with CIR), will need Congress approval though.
Request IV to highlight this issue separately as it will surely help a small section hanging between H1 and EAD, who are not in the "safe" zone.
There should be boat load of people who have their I140 approved and stuck. Irrespective of the population, it is important that this be addressed. They are one job away from loosing status. By issuing a 3 year employer independent EAD before a PR number becomes available is worthy cause. By this way, everyone in the pipeline knows that someday their paperwork will be cleared for good and until then they have the EAD to keep them going. The very fact that an I140 has been approved for a petitioner and the intent to immigrate has been approved, should allow the petitioner the temporary relief of having the choice to work and live little better. The the only thing that is preventing your status validated is the availability of Visa number, which is more of a procedural/legislative issue. So, hope this request is pushed in one or another form.
Request IV to highlight this issue separately as it will surely help a small section hanging between H1 and EAD, who are not in the "safe" zone.
There should be boat load of people who have their I140 approved and stuck. Irrespective of the population, it is important that this be addressed. They are one job away from loosing status. By issuing a 3 year employer independent EAD before a PR number becomes available is worthy cause. By this way, everyone in the pipeline knows that someday their paperwork will be cleared for good and until then they have the EAD to keep them going. The very fact that an I140 has been approved for a petitioner and the intent to immigrate has been approved, should allow the petitioner the temporary relief of having the choice to work and live little better. The the only thing that is preventing your status validated is the availability of Visa number, which is more of a procedural/legislative issue. So, hope this request is pushed in one or another form.
more...
lostinbeta
10-22 04:22 PM
I start off with clouds a lot also.... I also do start with circles and squares many times and just edit them from there.
tnite
08-15 04:45 PM
On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1�s or GC�s.
On rare occasions, USCIS revokes previously approved GC�s in case of fraud.
Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.
Two of my friends got a letter from DOL to answer a questionnaire about the pay, paystub gaps and all those stuff.They work for different companies.
DOL is cranking up the pressure
On rare occasions, USCIS revokes previously approved GC�s in case of fraud.
Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.
Two of my friends got a letter from DOL to answer a questionnaire about the pay, paystub gaps and all those stuff.They work for different companies.
DOL is cranking up the pressure
more...
GCard_Dream
06-18 06:09 PM
Last time I checked EB3 for ROW was "U". Did you somehow get "U" confused with "C" or have you stopped looking at visa bulletins?
But, I'm not sure if EB row would care that much...since their dates are ALWAYS current?
But, I'm not sure if EB row would care that much...since their dates are ALWAYS current?
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bibhudc
08-21 02:40 PM
From http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25
"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."
By these numbers, it looks like there are 7%x140K = 9,800 GC approvals for India in each year. If we factor in 1 dependent for each GC applicant, the number of primary applicants approved is roughly 9,800/2 = 4900 Indians per year. And this supposedly includes the EB1, EB2, EB3 categories. If we divide that equally, it could mean hardly 4900/3 =1633 primary applicants get approved each year in each category !! Is my inferences incorrect ? [someone tell me its better than this]
I don't know how many Indians are waiting for their GCs, but it sure seems like everybody I meet on the street is waiting for his GC .. so, I guess its going to be a long long wait.
[I am an Indian and hence, I took the example of Indians above. I guess the numbers are similar for all other countries. My Labor PD is Jul-2002]
"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."
By these numbers, it looks like there are 7%x140K = 9,800 GC approvals for India in each year. If we factor in 1 dependent for each GC applicant, the number of primary applicants approved is roughly 9,800/2 = 4900 Indians per year. And this supposedly includes the EB1, EB2, EB3 categories. If we divide that equally, it could mean hardly 4900/3 =1633 primary applicants get approved each year in each category !! Is my inferences incorrect ? [someone tell me its better than this]
I don't know how many Indians are waiting for their GCs, but it sure seems like everybody I meet on the street is waiting for his GC .. so, I guess its going to be a long long wait.
[I am an Indian and hence, I took the example of Indians above. I guess the numbers are similar for all other countries. My Labor PD is Jul-2002]
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admin
02-17 12:45 PM
Cataphract,
Great effort and thanks for taking the initiative. Given your proximity to Capitol Hill, it is very important to drum up support in your area. Also please encourage the people in the area to attend the rally. More info here http://immigrationvoice.org/forum/showthread.php?t=143
Great effort and thanks for taking the initiative. Given your proximity to Capitol Hill, it is very important to drum up support in your area. Also please encourage the people in the area to attend the rally. More info here http://immigrationvoice.org/forum/showthread.php?t=143
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mmk123
07-17 11:13 AM
Hello All,
I want to start an interesting discussion - not sure whether a thread already exists or a similar discussion has already taken place.
We all know about the current state of the economy and current unfortunate unemployment rate. We all also know that majority jobs lost are in construction, manufacturing etc. We also know that some people (who have no other choice) are targetting legal EB community as if they are responsible for all this mess.
I want people to discuss the other things like DV Lottery, Chain Family Migration or any other popular programs from labor/unemployment point of view. Please no intent to discuss it from any other angle at all.
These forms of migration bring a lot of uneducated (or less educated), unskilled (or low skilled) population/labor into the country which contribute higher for the unemployment rate (for both numerator and denomenator - rate = # unemployed/# total).
example: suppose in a hypothetical community of 10000000, 300000 are unemployed. They have 3% of unemployement rate.
Supposed 30K unskilled (or low skilled) labor is added (which neither creates jobs nor are employed). Now if they are added, the rate becomes 330000/10030000 or ~ 3.3%
This can be bad example but it was just to put a point forward.
Are there any statistics (again?) available about the effect of DV, chain family migration or any such program in the last 10-15 years towards the unemployment rate today? A lot of unskilled (or low skilled) labor was added to the economy which was OK during upward economy but cannot sustain at all in down economy like this.
Thanks,
M.
I want to start an interesting discussion - not sure whether a thread already exists or a similar discussion has already taken place.
We all know about the current state of the economy and current unfortunate unemployment rate. We all also know that majority jobs lost are in construction, manufacturing etc. We also know that some people (who have no other choice) are targetting legal EB community as if they are responsible for all this mess.
I want people to discuss the other things like DV Lottery, Chain Family Migration or any other popular programs from labor/unemployment point of view. Please no intent to discuss it from any other angle at all.
These forms of migration bring a lot of uneducated (or less educated), unskilled (or low skilled) population/labor into the country which contribute higher for the unemployment rate (for both numerator and denomenator - rate = # unemployed/# total).
example: suppose in a hypothetical community of 10000000, 300000 are unemployed. They have 3% of unemployement rate.
Supposed 30K unskilled (or low skilled) labor is added (which neither creates jobs nor are employed). Now if they are added, the rate becomes 330000/10030000 or ~ 3.3%
This can be bad example but it was just to put a point forward.
Are there any statistics (again?) available about the effect of DV, chain family migration or any such program in the last 10-15 years towards the unemployment rate today? A lot of unskilled (or low skilled) labor was added to the economy which was OK during upward economy but cannot sustain at all in down economy like this.
Thanks,
M.
more...
ndbhatt
12-21 02:14 PM
The visa bulletin reads "..Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. "
Does this mean 7 % limit per country is set to combined total of FB and EB category and not just EB? Also, does this mean 25,620 annual visa can be allotted for either one of these preferences, EB or FB?:confused:
I have heard earlier that EB preference limit per country is ~9,800. How true does it stand by sections in INA?
Does this mean 7 % limit per country is set to combined total of FB and EB category and not just EB? Also, does this mean 25,620 annual visa can be allotted for either one of these preferences, EB or FB?:confused:
I have heard earlier that EB preference limit per country is ~9,800. How true does it stand by sections in INA?
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coopheal
04-12 03:01 PM
Gurus, I just got an email about RFE on 485 application for both of us (myself and wife). My PD is Sep 2006, EB2, not sure why the application got opened and whats the RFE about. I am still working on h1 (renewed based on approved 140) and still has 1.5 years left. Is someone on the same boat, i mean RFE's on 485 though PD is not current??? If the RFE is about my employment, would my wife also get the RFE ?? I am with the same employer from almost 6 years.Do i get the copy of RFE too or just the attorney?? Thanks Guys, appreciate your help ....
Don't worry much its more than like going to be a medical RFE.
I had an RFE recently with similar status. See thread....
http://immigrationvoice.org/forum/showthread.php?t=24601
Don't worry much its more than like going to be a medical RFE.
I had an RFE recently with similar status. See thread....
http://immigrationvoice.org/forum/showthread.php?t=24601
more...
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LayoffBlog
01-27 01:32 PM
According to Reuters: “A U.S. senator has asked Microsoft Corp about its plans to slash up to 5,000 jobs, urging the world’s biggest software company to preserve the jobs of Americans ahead of foreigners working on visas.““The letter asked Microsoft Chief Executive Steve Ballmer to provide a breakdown of the jobs to be eliminated, and [...]http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1228&subd=layoffblog&ref=&feed=1
More... (http://layoffblog.com/2009/01/25/us-senator-asks-microsoft-about-job-cuts-h1b-visas/)
More... (http://layoffblog.com/2009/01/25/us-senator-asks-microsoft-about-job-cuts-h1b-visas/)
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Munna Bhai
03-28 04:13 AM
hey! why it is like that?? last month, feb 15 08, the processing date was July 31, 2007 and how come now updated mar. 15 and the processing date became june 08, 2007??? WHY?? my friend got her gc already, hers date was july 19...she got her gc!!so wats up with that!!Do you think they will send mine (july 22)?im so upset!pls reply soon!
pd's
January 15, 2008: from April 07.. it became July 19
February 15, 2008: from July 19... it became July 30
March 15, 2008: from July 30... it became JUNE 08, 2007???????????
Do you think it was just a typographical error that it must be August 08, 2007 instead of June???
this is the link to nebraska service center
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I NEED YOUR COMMENT REPLIES.
what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.
pd's
January 15, 2008: from April 07.. it became July 19
February 15, 2008: from July 19... it became July 30
March 15, 2008: from July 30... it became JUNE 08, 2007???????????
Do you think it was just a typographical error that it must be August 08, 2007 instead of June???
this is the link to nebraska service center
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I NEED YOUR COMMENT REPLIES.
what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.
more...
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looivy
08-15 11:24 AM
The answer to the FAQ clearly states that you should be fine and expect some processing delays. I am not sure what else you would like to know.
What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?
How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.
What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?
How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.
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Munna Bhai
12-14 09:43 AM
I just received a USCIS automated e-mail indicating an RFE has been issued with regard to my pending I-140 (pending since January 16, 2007, at NSC)...have yet to receive the actual RFE letter. My AP application has been pending since August 1, 2007, also at NSC. Can this RFE delay processing of my AP? I need to travel this month and had also sent a fax to USCIS requesting expediting the I-131. Please let me know what you think, as I am very worried! What could the RFE be in regards to? I work for a university, have a 4 year degree (obtained in the US, along with an MBA), and ability to pay should not be an issue. No experience required!
Thanks!
I-485/I-765 filed July 6, 2007 - EB3
I-765 approved Sept. 11, 2007
I-131 filed Aug. 1 2007 & pending
FP completed Dec. 04, 2007
Please update us once you receive RFE, I will update the items.
Thanks!
I-485/I-765 filed July 6, 2007 - EB3
I-765 approved Sept. 11, 2007
I-131 filed Aug. 1 2007 & pending
FP completed Dec. 04, 2007
Please update us once you receive RFE, I will update the items.
more...
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camarasa
07-08 10:08 PM
Stueym I posted this response to your video.
Well you answered your question in your own video - your family are legal immigrants who by your own admission pay taxes (as you should do) � whereas illegal immigrants don�t pay taxes for fear of being caught. The government thinks it�s best to make them legal quicker so they feel safe to pay taxes like everyone else� go figure?
Well you answered your question in your own video - your family are legal immigrants who by your own admission pay taxes (as you should do) � whereas illegal immigrants don�t pay taxes for fear of being caught. The government thinks it�s best to make them legal quicker so they feel safe to pay taxes like everyone else� go figure?
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pappu
07-09 10:34 AM
Pappu,
Thanks for the response! I really appreciate that.
I said IV doesn't care for CP filers because there are no provision for CP filers in IV's agenda (ofcourse, efforts like recapturing would help CP filers in a big way) as most of the efforts were targeted at AOS. I am not blaming but just requesting that CP filers are also included whenever IV core think about big picture.
All that we need is a safety net like EAD. Else, if several years of wait on GC were to go waste, it would be a disaster.
From what you said, looks like there are very few CP filers who visit this forum (and ofcourse, there is a reason why, hardly anything for them here), however, I would try to see if I could gain some mass here.
Thanks again!
Thanks.
Try to gather more people in the same boat. Once you have a critical mass you can raise that issue better with lawmakers, media, administration...
Thanks for the response! I really appreciate that.
I said IV doesn't care for CP filers because there are no provision for CP filers in IV's agenda (ofcourse, efforts like recapturing would help CP filers in a big way) as most of the efforts were targeted at AOS. I am not blaming but just requesting that CP filers are also included whenever IV core think about big picture.
All that we need is a safety net like EAD. Else, if several years of wait on GC were to go waste, it would be a disaster.
From what you said, looks like there are very few CP filers who visit this forum (and ofcourse, there is a reason why, hardly anything for them here), however, I would try to see if I could gain some mass here.
Thanks again!
Thanks.
Try to gather more people in the same boat. Once you have a critical mass you can raise that issue better with lawmakers, media, administration...
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sam_hoosier
06-06 05:29 PM
Yes, you should be able to use AC21 to change employment (subject to the AC21 restrictions).
sravani
05-22 12:25 PM
I also think this is a good idea, 10 days will not make much difference. Please help other members people.... Who knows, if there are too many applications USCIS might decide to not move dates in the July Visa Bulletin.
chris
12-30 10:08 PM
How did you find out , that files are assigned to I/O
I got a letter from Congressman's office.
I got a letter from Congressman's office.
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