at0474
12-17 12:57 PM
"1) if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
"
--Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.
My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.
Also, talk to your lawyer. Hold my opinion as mere opinion.
2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
"
--Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.
My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.
Also, talk to your lawyer. Hold my opinion as mere opinion.
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kak1978
11-30 02:33 PM
I have seen people talking about getting approvals with misdemeanors, but each case may be different. Murthy.com forums has a special section for people dealing with misdemeanor issues and have gone through the process, may be you will get some more tips about preparing for the interview there. Good Luck!
reverendflash
10-21 02:55 PM
I promised I wouldn't... =):x
Rev:elderly:
Rev:elderly:
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ganip
10-30 03:43 PM
We applied for SSN today, they said the same thing that it should not be a problem to get SSN. But i guess the best option would be to refile instead of waiting for renewal as i plan to use my EAD and work.
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sweet23guyin
04-21 02:53 PM
Apreciate if any one could shed light regarding USCIS doc/memo that allows moonlighting on EAD and still work full time on h1b with GC sponsoring employer.
Jimi_Hendrix
01-01 04:37 PM
Well we are still waiting for people from 2001 to get their green cards. I don't know how huge an impact recession is going to have.
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martinvisalaw
06-01 06:13 PM
CIS could have asked for a copy of your previous Advance Parole, for example, in the I-131 RFE. Hopefully you have received the RFE by now so you know what it asks for. You should also have got the I-140 notice. If not, you should call CIS to see where they sent it in case it went to the wrong address.
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sbabunle
05-05 01:46 PM
My feeling is that there wont be any new bills for years sometimes. Both house and senate are deeply divided on the immigration issues. All of them want reform. But nobody can agree on any proposals being put forward to.
Most of them want 11 million illegal immigrants here for their contributions. Most of them dont want 11 million illegal immigrants when they look at what they have to pay for their contributions.
When taking into account of all of these I feel like people will argue for sometime and then will become happy with whats left. The 11 million will stay as illegal for some more years. And the legal immigrants will wait in the line for their rest of the life.
Most of them want 11 million illegal immigrants here for their contributions. Most of them dont want 11 million illegal immigrants when they look at what they have to pay for their contributions.
When taking into account of all of these I feel like people will argue for sometime and then will become happy with whats left. The 11 million will stay as illegal for some more years. And the legal immigrants will wait in the line for their rest of the life.
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funny
07-18 05:22 PM
I have never heard this before. Good Luck to you.
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coopheal
11-27 05:13 PM
Where did you read extra cash is being pumped into other gov projects.
I read on USCIS website they were hiring 1500 new employees.
to be fair to USCIS they did try to get out of the fiasco on july 1 by moving the dates back again Eventually they were forced to accept it again..
They clearly knew this was cash cow so why did they want to cancel it in the first place..
Its a lot of money and its definitely a lot of work as well..There are also no signs of hiring new stafff..most of extra cash they getting is being pumped into other gov projects so the staff is still being overworked and I am sure will be complaning
I read on USCIS website they were hiring 1500 new employees.
to be fair to USCIS they did try to get out of the fiasco on july 1 by moving the dates back again Eventually they were forced to accept it again..
They clearly knew this was cash cow so why did they want to cancel it in the first place..
Its a lot of money and its definitely a lot of work as well..There are also no signs of hiring new stafff..most of extra cash they getting is being pumped into other gov projects so the staff is still being overworked and I am sure will be complaning
more...
amslonewolf
10-01 12:19 PM
Where did everyone get the 10 days estimate from??
As far as I read, the production date for the new system is 10/29.. So, maybe suprises in December bulletin.
As far as I read, the production date for the new system is 10/29.. So, maybe suprises in December bulletin.
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dontcareanymore
10-21 05:20 PM
According to one website http://www.immigration-law.com the USCIS is working on trying to streamline processing I-140 petitions to four months by April 2009. I quote the following from the website
--------------------------------------------------------
10/08/2008: I-140 Processing in Four Months by April 2009?
* This is a five-month old information which has just been released. This source of information indicates that the USCIS was hiring and training new employees and by April 2009, I-140 petitions might be processed in four months. It is a good news in a way.
--------------------------------------------------------
Going by the previous track record of the USCIS though, I do have reasons to be skeptical about that. We will find out in April eventually, unless our invididual petitions get approved before that. The only issue is that in the interim we still have the threat to jobs in this bad economy. The other concern of mine is that older petitions might get dumped into another Backlog Elimination Center and they only work efficiently on newer I-140 petitions. That solution would be hell for people with older I-140 applications
Same source, but latest bulletin :
10/17/2008: I-140 Delays and USCIS Answers to Discrepancy in Processing Times Between Stand-alone I-140 and Concurrent Filing Cases
"
We will see what and when "significant" decrease in reduction will take place. We still feel that the reinstatement of premium processing services should hold an answer to part of the problems. However, the USCIS answer to this question is as follows: "USCIS expects that adding other classifications to Premium Processing Service at this time would exceed USCIS� capacity to provide timely Premium Process Service. USCIS will continue to evaluate whether it is able to process other groups of cases beyond this limited classification of petitions and will provide notification of any further availability of Premium Processing Service for Form I-140."
--------------------------------------------------------
10/08/2008: I-140 Processing in Four Months by April 2009?
* This is a five-month old information which has just been released. This source of information indicates that the USCIS was hiring and training new employees and by April 2009, I-140 petitions might be processed in four months. It is a good news in a way.
--------------------------------------------------------
Going by the previous track record of the USCIS though, I do have reasons to be skeptical about that. We will find out in April eventually, unless our invididual petitions get approved before that. The only issue is that in the interim we still have the threat to jobs in this bad economy. The other concern of mine is that older petitions might get dumped into another Backlog Elimination Center and they only work efficiently on newer I-140 petitions. That solution would be hell for people with older I-140 applications
Same source, but latest bulletin :
10/17/2008: I-140 Delays and USCIS Answers to Discrepancy in Processing Times Between Stand-alone I-140 and Concurrent Filing Cases
"
We will see what and when "significant" decrease in reduction will take place. We still feel that the reinstatement of premium processing services should hold an answer to part of the problems. However, the USCIS answer to this question is as follows: "USCIS expects that adding other classifications to Premium Processing Service at this time would exceed USCIS� capacity to provide timely Premium Process Service. USCIS will continue to evaluate whether it is able to process other groups of cases beyond this limited classification of petitions and will provide notification of any further availability of Premium Processing Service for Form I-140."
more...
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snowcatcher
01-28 08:57 AM
Hi Viva, Great positive attitude. Just dont give up. And dont ask me why the delay so far? Here goes my contribution after the challenge from you and a nudge from my friend Bhaskar_s. I pledge $27 every month. I am going to use the bill pay from my account and send in the funds. Thank you and again don't give up.
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wandmaker
02-18 01:08 PM
Thanks for the quick reply, Krishna. I would infact get paid in INR in an Indian account. But what do we do when we file our taxes? When my husband files as "married filed jointly", do we declare this income? Do you have any inputs on that.
I assume, You will have to report the income earned through foreign sources only if you are not paying taxes overseas. To get a better clarification, just consult a CPA
I assume, You will have to report the income earned through foreign sources only if you are not paying taxes overseas. To get a better clarification, just consult a CPA
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vinzak
06-16 12:10 PM
I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435
if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435
As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.
I'm curious to know, what recapture means, when it seems visas have not been lost.
The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642
So are we trying to recapture 271k visas from this calculation?
If the experts could shed some light on this, that would be great.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435
if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435
As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.
I'm curious to know, what recapture means, when it seems visas have not been lost.
The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642
So are we trying to recapture 271k visas from this calculation?
If the experts could shed some light on this, that would be great.
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waitforgc1
05-07 04:42 PM
Yes i do have soft LUD on my 485 applications@TSC on 04/29/2009.
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hmehta
09-23 07:53 PM
Yes, I am in the same Boat - My 485 was filed on July 19th but haven't received my receipt yet (485 filed at TSC)!
Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
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Leo07
02-01 11:22 AM
Sorry, Link was on the first post.
Here it is again:Organizing for America | BarackObama.com | OFA Survey (http://my.barackobama.com/page/s/OFASurvey/)
please post a link to this survey
Here it is again:Organizing for America | BarackObama.com | OFA Survey (http://my.barackobama.com/page/s/OFASurvey/)
please post a link to this survey
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gc_bucs
03-25 01:10 PM
Well this is a organization that is run by volunteers and given what they are already doing I personally don't expect them to notify everytime a web fax is put up. I just make it a point to check the website regularly and do whatever I can to chip in...thats my 2 cents...
Well How do you know that all the members who are registered with IV is aware of this Webfax? Did you guys notify them in anyway? Do you expect/mandate all the IV members should be checking the website/forums all the time? No Hard feeling.... Just my 2 cents
Well How do you know that all the members who are registered with IV is aware of this Webfax? Did you guys notify them in anyway? Do you expect/mandate all the IV members should be checking the website/forums all the time? No Hard feeling.... Just my 2 cents
gauravsh
05-04 09:52 AM
Not sure as to "how long" but AFAIK , but when a person doesnt work in the same location as mentioned in LCA of H1B, an amendment needs to be filed. I would talk to a reliable attorney.
Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?
Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?
raysaikat
03-28 11:01 PM
Saikat,
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Note that "status" is different from "visa".
Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).
Coming to the denial, what denial are you referring to? There are many situations.
In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.
Now supposing that you do not quit your school:
(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.
(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.
In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.
(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Note that "status" is different from "visa".
Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).
Coming to the denial, what denial are you referring to? There are many situations.
In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.
Now supposing that you do not quit your school:
(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.
(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.
In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.
(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.
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