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  • desi485
    11-20 09:20 PM
    Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer

    I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!





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  • paskal
    12-18 05:50 PM
    you are right, and it would be nice, however
    it's clear our funds are not exactly astronomical.
    so let's concentrate on building them up first along with our membership.
    then we can sit back and worry about how much more is really needed....





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  • eb3_nepa
    07-05 02:42 PM
    awsome.. that's a good news....good luck

    Not really, without a mass enquiry, it is useless. USCIS will simply return my package and then will have NO reference to go by. I was actually pushing quite hard for a Bigger enquiry.





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  • Milind123
    09-13 04:14 PM
    I'm ready to fill the sixth slot . I have contributed to rally before and i will match Milind's next contibution.

    Thank you Bala. Guys this is the best opportunity. Where else will you get a 50% return on your money? This is the time not to hesitate, but to pull the trigger. When you contribute 3 more people will follow and after that the last two shots are guaranteed.



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  • bala50
    09-13 04:07 PM
    I'm ready to fill the sixth slot . I have contributed to rally before and i will match Milind's next contibution.


    Thank you mohitb272, wolfsappi, kanaihya and ravikanthe. All your help and contributions are greatly appreciated.
    Details of my $100 contribution are in my signature.

    To people who still have their finger on the trigger,

    Guys, Are we ready to fire the next round? Believe me you will feel good. The gun is loaded with 5 bullets again.
    But wait a minute, someone told me this revolver has six chambers. We can put one extra bullet in this baby.
    Would any senior member or previous contributors like to be the guest of honor and help us fire the last bullet?

    On a more serious note we still required $10,000 before Sept 18th.





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  • himu73
    07-19 11:16 AM
    Only lawyer or the employeer contact can call for labor status queries. DOL does not know you exist. Be careful there is no relation between labor and green card AOS. If you call it shows that you intend to immigrate while on H1. It might work against you.

    Can anyone please post a 'sample letter' and the contact information?
    I want to post a hard copy of the letter personally to the Atlanta center.

    Stuck since April 15th.



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  • satyasaich
    07-16 01:06 AM
    As i pledged, i will add that additional $50 to make it to $2000 for today
    &
    I'm hopeful

    Satya

    Common people just $150 short. Pacific time people. Please help. We need 30 good souls from the West coast :)





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  • kanaihya
    09-13 11:59 AM
    Just now contibuted USD 100.00..sorry could not contribute a big amount..under a huge debt now...may be in future..

    PayPal Confirmation Number: 06B71369TE645612G

    thanks



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  • anandsumit
    09-11 06:47 PM
    Cannot join the rally but contributed 100$. Good Luck Guys Excellent effort and Spirit!!!!!!!!!!!
    Google Order #628985172092873





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  • gc_on_demand
    12-10 04:38 PM
    HOW IS THE PER-COUNTRY LIMIT CALCULATED?

    Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.

    - The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.

    - INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.

    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?

    Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.

    WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?

    Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.


    In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?

    State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.

    In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.



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  • tikka
    07-18 03:04 PM
    Yesterday I contributed $500 one time.

    Today I have scheduled $50 per month as well.




    Thanks!

    Yes someone posted it on the funding drive too.
    Thank you so much for your generous contribution.... :)





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  • ItIsNotFunny
    10-21 04:41 PM
    It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.

    One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.

    Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.


    I understand what you say but interpretation differs from IO to IO. It still goes to chances....



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  • chintu25
    03-09 10:42 AM
    Good one ..itsnotfunny....but I will tell you that each one of us does wait with baited breath for the VB .

    I am all for the FOIA drive and have promised some money as well. But lets just hope and pray that the VB brings some good news for some of us :)





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  • cbadari99
    06-24 11:44 PM
    http://www.nytimes.com/2008/06/25/us/25engineer.html?pagewanted=2&_r=1&hp

    "The dean of the College of Engineering at Georgia Tech, Don P. Giddens, noted an additional factor limiting the recruitment of highly trained engineers into military jobs: more than half the engineering doctoral candidates at American universities are from abroad and so are ineligible for most jobs requiring security clearances."



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  • lyu265
    04-02 02:12 PM
    EB-2 RIR
    NJ
    PD: April 2004
    45 Letter Received: Feb 2006





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  • pointlesswait
    12-11 09:25 AM
    There are so many who missed the July 07...

    we should try to seek temporary relief..allowing to file for 485 even without PD veing current.


    CIR will happen when it has to happen..maybe after the health bill ...but IV not doing anything else while waiting for it is sad....


    I left old job 10 months before July 07. But attorney at new employer did mistake with advertisement, and PERM got rejected. Applied again, and USCIS audited all Fragomen cases, so mine stuck there attorney being Fragomen. By then July 07 was gone. In Sept 08 again my PD (Nov 05) was current but I was stuck with Audit.... Finally I got PERM approved, 140 approved, but since then NOV 05 is far far away....



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  • ursosweet
    07-20 01:02 PM
    no. of h1b issued in last 4 years 65kX4= 260k
    even if you double that (which i m sure is not the case), still it come to 500k.
    so ure over estimating it.
    thanks





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  • ArkBird
    04-13 03:46 AM
    @OP, Yes. You can open LLC and/or S-Corp on EAD. If you plan on working for the same company, I suggest you do it in the name of your significant other if you are (un)lucky like me and married. Also checkout the option of "LLC filing taxes as a S-Corp". Here is link to more details from IRS.

    LLC Filing as a Corporation or Partnership (http://www.irs.gov/businesses/small/selfemployed/article/0,,id=205014,00.html)



    Cheers

    ArkBird





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  • gcdreamer05
    07-15 05:56 PM
    You guys are really great, a small contribution from me.

    Immigration Voice $ 10.00 07/22/08 7YFR5-32TB5 (BOA Bill pay)

    Go IV Go !!!! :D





    jonty_11
    07-06 01:09 PM
    According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month
    ok this is from Oh's website..pelase always quote source.





    skdskd
    09-13 07:38 PM
    yes, I did earlier this week :-)... You can anything GC can do in EAD....

    sent pm to you



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