sprash
02-02 01:42 PM
Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
Thanks for your inputs Desi.
I have been following this thread with great interest. I'm the guy who posted the RFE scans on Pg1.
In my case the RFE was issued 1.5 years after filing for AOS (I filed in July 07 and this RFE was on Oct 08). Also, I'm not the only person who got this. I know many folks who work for big companies like Intel etc, who got such an RFE.
Also if I remember correctly, Belle on Murthy Forums (who also seems in the know) mentioned that one must be employed at all times on EAD. I didn't find any specific timeframe -- most people said you could get into trouble if an RFE (such as mine) is raised and you're out of a job. On the other hand, it is might be safe till such an RFE is issued (???)
I tried to look for that thread, but couldn't find it. However I did find another similar thread on which she (he?) has said the same thing:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=9941019581&r=3791069581#3791069581
In tumultuous times such as these, I would expect USCIS to raise many more such RFEs.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
Thanks for your inputs Desi.
I have been following this thread with great interest. I'm the guy who posted the RFE scans on Pg1.
In my case the RFE was issued 1.5 years after filing for AOS (I filed in July 07 and this RFE was on Oct 08). Also, I'm not the only person who got this. I know many folks who work for big companies like Intel etc, who got such an RFE.
Also if I remember correctly, Belle on Murthy Forums (who also seems in the know) mentioned that one must be employed at all times on EAD. I didn't find any specific timeframe -- most people said you could get into trouble if an RFE (such as mine) is raised and you're out of a job. On the other hand, it is might be safe till such an RFE is issued (???)
I tried to look for that thread, but couldn't find it. However I did find another similar thread on which she (he?) has said the same thing:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=9941019581&r=3791069581#3791069581
In tumultuous times such as these, I would expect USCIS to raise many more such RFEs.
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chmur
03-17 05:35 PM
The way I read it is ...People with PD's earlier than 2004-05 have been their long enough to understnd the pain and hence are active in all these forums , participate in such polls etc.
Others are happy with their EAD's and know anyway it's going to be a while and are in hibernation ...cannot blame them ...this GC following can get stressfull ....ignorance is bliss....suddenly the laws might change or something like July 07 might happen again ....
I think only those who got stuck in the Labor backlog (This could be huge #) and few other unlucky ones like me are the ones who are still waiting in India-EB3 Catergory pre 2004.
I know a bunch of India-EB3 pre 2004 got approved in the gold rush of July 2007
Others are happy with their EAD's and know anyway it's going to be a while and are in hibernation ...cannot blame them ...this GC following can get stressfull ....ignorance is bliss....suddenly the laws might change or something like July 07 might happen again ....
I think only those who got stuck in the Labor backlog (This could be huge #) and few other unlucky ones like me are the ones who are still waiting in India-EB3 Catergory pre 2004.
I know a bunch of India-EB3 pre 2004 got approved in the gold rush of July 2007
iptel
12-11 02:59 PM
When we file I485 its with Department of States and not USCIS which is part of Department of Home Land Security. In my opinion it is DOS who has to agree filing I 485 even if visa number not available.
2011 I#39;m trying to set up an 18th
indianindian2006
07-14 05:56 PM
Should I send a AC21 letter to USCIS along with my new employment letter?
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
Ajthakur,
Is their any ways you could contact your previous employer and try to find answers if your 140 is cancelled by that employer as that would give you a good idea of how to reply on this RFE.As suggested by others you have to reply to this RFE or your 485 is in jeopardy.
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
Ajthakur,
Is their any ways you could contact your previous employer and try to find answers if your 140 is cancelled by that employer as that would give you a good idea of how to reply on this RFE.As suggested by others you have to reply to this RFE or your 485 is in jeopardy.
more...
sammas
07-12 04:01 PM
F. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)
The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (CIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the CIS data, the Visa Office (VO) bases allocations on the minimum annual limits outlined in Section 201 of the INA. On July 7th, CIS provided the required data to VO.
The Department of State has determined the Family and Employment preference numerical limits for FY-2010 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2010 are as follows:
Worldwide Family-Sponsored preference limit: 226,000
Worldwide Employment-Based preference limit: 150,667
Under INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2010 the per-country limit is 26,367. The dependent area annual limit is 2%, or 7,533.
The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (CIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the CIS data, the Visa Office (VO) bases allocations on the minimum annual limits outlined in Section 201 of the INA. On July 7th, CIS provided the required data to VO.
The Department of State has determined the Family and Employment preference numerical limits for FY-2010 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2010 are as follows:
Worldwide Family-Sponsored preference limit: 226,000
Worldwide Employment-Based preference limit: 150,667
Under INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2010 the per-country limit is 26,367. The dependent area annual limit is 2%, or 7,533.
pmamp
07-05 01:48 PM
I think atleast the forums section should be made restricted to contributing members. I see many newcomers (both paying and freebies) come to this site and hoping to get a quick guidence on their immigration issue. They come here becasue they know a) they will get some answer quickly b) that answer will make sense and experinced users here who have gone through similar situation will share their insights.
Those are major outcomes or results for not paying any dime.
I can understand someone's concern about asking everyone to pay certain amount. But most of us here are earning decent wages and can contribute atleast 3$ a month (or 25$ a year) for such a service.
If those members want to contribute more as many of us do then they are most welcome to do so.
In $$$ terms of the 12K + members we can retain 40% (about 5K) and each of them contributes atleast 25$ a year (one time payment) = $75,000.00
Remember this $75K is only based on basic membership fees. Any dropouts or reduced rate of conversion will be compensated by those '20$ a month' paying members (roughly by 1 as to 10).
In short, I support this idea of having majority of forums under restricted umbrella.
- PMAMP
Those are major outcomes or results for not paying any dime.
I can understand someone's concern about asking everyone to pay certain amount. But most of us here are earning decent wages and can contribute atleast 3$ a month (or 25$ a year) for such a service.
If those members want to contribute more as many of us do then they are most welcome to do so.
In $$$ terms of the 12K + members we can retain 40% (about 5K) and each of them contributes atleast 25$ a year (one time payment) = $75,000.00
Remember this $75K is only based on basic membership fees. Any dropouts or reduced rate of conversion will be compensated by those '20$ a month' paying members (roughly by 1 as to 10).
In short, I support this idea of having majority of forums under restricted umbrella.
- PMAMP
more...
immi2006
06-12 02:46 PM
i think most of us make excelletn candidates to become Senators :-) if not at least a good immigration lawyer..
2010 But the hair-raising rigs of
techmia
07-01 04:40 PM
Everyone is busy partying.
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grupak
02-15 05:33 PM
Look, I don't want to enter a pissing match with anyone here. Go read your history (http://americanhistory.suite101.com/article.cfm/limiting_the_huddled_masses) before jumping to conclusions.
Supporting a law based on eugenics is very sad indeed.
Supporting a law based on eugenics is very sad indeed.
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BharatPremi
03-17 02:03 PM
Are you saying EB3-India visa date will be set as Jan 2004 by USCIS some time soon? I thought they kept saying that EB3-India dates would move very slowly only. So from the current Oct 2001 to Jan 2004 is a very long and narrow road.
Applicants with PD before January First 2004 will mostly be current by December 2008 end. That is what I belive, USCIS will head towards. If it will not happen than do not kill me.:) Ultimately we all are in USCIS's lap..
Applicants with PD before January First 2004 will mostly be current by December 2008 end. That is what I belive, USCIS will head towards. If it will not happen than do not kill me.:) Ultimately we all are in USCIS's lap..
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battineni
08-10 02:23 PM
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
I'm with you...!!
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
I'm with you...!!
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reddymjm
06-03 07:15 AM
I stayed in US for full 5 years on L1-B visa and left US on 6-Jan-07
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..
1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?
You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.
I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
Find more details about Aytes memorandum
2) Is it OK to go for VISA staming before 6-Jan-08?
You can get it stamped.
3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
Looks like nothing needed. u can come in asap.
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..
1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?
You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.
I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
Find more details about Aytes memorandum
2) Is it OK to go for VISA staming before 6-Jan-08?
You can get it stamped.
3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
Looks like nothing needed. u can come in asap.
more...
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willgetgc2005
04-20 02:37 PM
Logiclife,
If you have contacts in Cisco, Intel etc in bay area , can you please spread the word so morepeople turn out. I am about 8 hours drive form San Jose. will try to make it. This is awesome. We need to get as many people as possible on war footing.
Maybe no banners or signs because this is a town-hall style meeting and not a rally. I'll let you know if its ok to do that.
But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.
If you have contacts in Cisco, Intel etc in bay area , can you please spread the word so morepeople turn out. I am about 8 hours drive form San Jose. will try to make it. This is awesome. We need to get as many people as possible on war footing.
Maybe no banners or signs because this is a town-hall style meeting and not a rally. I'll let you know if its ok to do that.
But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.
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GCNaseeb
03-07 09:45 AM
I got hell out of my sponsoring employer. While I worked for them over 5 years, I had a terrible experience with their HR and some other souls. So I decided to make use of AC21 and changed the job. I feel so much relaxed now and I see light at the end of tunnel. My Green card is around the corner. USCIS has no reason to deny my petition. Afterall, we have just one life to live; how long you can let your career stegnate just for the sake of a piece of paper. Does that makes sense at all?
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pictures 10)Marie Antoinette - the
IAF
11-11 01:28 PM
I agree!
The three prone system is in place to keep check and balances. I think it will be good idea to take it to judiciary. Judiciary can advice legislative and executive branch to resolve the problem. I think just going to that level will trigger lot of momentum.
The three prone system is in place to keep check and balances. I think it will be good idea to take it to judiciary. Judiciary can advice legislative and executive branch to resolve the problem. I think just going to that level will trigger lot of momentum.
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mallu
02-15 04:25 PM
What is the current % of India/China folks in USA now that threaten to affect diversity ? Also how many (% ) from Italy,Ireland,UK etc ?
Anything published ? Just curiosity ( not questioning any current laws )..
Anything published ? Just curiosity ( not questioning any current laws )..
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mbawa2574
02-15 04:33 PM
Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
You are blaming Indians and Chinese as a community to be racists. I will rather not mix with people who think like you. It is your perception, not a chinese or Indian problem.
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
You are blaming Indians and Chinese as a community to be racists. I will rather not mix with people who think like you. It is your perception, not a chinese or Indian problem.
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jainnidhi26
03-11 09:59 AM
Is there any acco/carpool available near REAGAN INTERNATIONAL ??
hairstyles Can#39;t wait to see it.
.soulty
03-09 11:28 PM
dope renders so far.. on march 10 when he have the entries we will set up a poll.. keep them coming. oh btw.. when you provide the final render, need to provide the wireframe aswell ;)
babu123
07-13 01:36 PM
What Murthy did is right job. We should not blame her as she did it lately.
I am not her client.
There are so many lawyers in US, But none of them wrote letter to USCIS.
This is not the time to blame her. This is the time to unite with her and do protest. Remember she is asking on our behalf.
I am not her client.
There are so many lawyers in US, But none of them wrote letter to USCIS.
This is not the time to blame her. This is the time to unite with her and do protest. Remember she is asking on our behalf.
StarSun
02-07 12:47 PM
IV calls for a couple of volunteers to collect the miles and purchase tickets to confirmed participants. Please contact me.