Saralayar
04-07 10:06 AM
Can you please let us know if we are making progress towards unused Visa Recapture ? Thanks
^^ BUMP^^
^^ BUMP^^
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Dhundhun
01-24 05:57 PM
#1. Schools can have policies. For example, some schools don't allow higher education on H4 Visa.
#2. As AOS pending based on spouse, one can engage in studies (full time or part time). Also, one can do job full time or part time (if EAD is applied for). As far as immegration (USCIS) is concerned, there should not be any problem
#3. I am not sure, whether the school in question allows studies while AOS is pending. I think it does not, so they are asking to take Full Time F1.
Usually people sitting on counter may not know entire detail. You may have to ask senior staff.
I have been is situations, where INS explained me that Schools can have their own policies and that don't dictate it.
#2. As AOS pending based on spouse, one can engage in studies (full time or part time). Also, one can do job full time or part time (if EAD is applied for). As far as immegration (USCIS) is concerned, there should not be any problem
#3. I am not sure, whether the school in question allows studies while AOS is pending. I think it does not, so they are asking to take Full Time F1.
Usually people sitting on counter may not know entire detail. You may have to ask senior staff.
I have been is situations, where INS explained me that Schools can have their own policies and that don't dictate it.
LostInGCProcess
11-10 03:42 PM
Gurus,
Thanks in advance for your replies
Once you have started using EAD your H4 status is invalid. There is no process to notify this to USCIS. So, USCIS would not know when you changed from H4 to EAD. However, if they audit your case, they can easily find out about it....that's a different story.
I don't understand why you want to enter on H4 status and work on EAD as soon as you enter US...thereby invalidating the H4, since you are not complying with h4 status.
Thanks in advance for your replies
Once you have started using EAD your H4 status is invalid. There is no process to notify this to USCIS. So, USCIS would not know when you changed from H4 to EAD. However, if they audit your case, they can easily find out about it....that's a different story.
I don't understand why you want to enter on H4 status and work on EAD as soon as you enter US...thereby invalidating the H4, since you are not complying with h4 status.
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swo
07-13 02:28 PM
Notwithstanding the good research below...
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is 140,000. 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. The dependent area limit is set at 2%, or 7,320.
Given this is legislation, I don't think rule changes can trump it. I don't believe per country limits will change. Besides, how is that a solution to anything? This is not an Indian or Chinese issue. It's a legal immigrant issue.
See pg CRS-5 of document http://fpc.state.gov/documents/organization/84914.pdf
Two important exceptions to the per-country ceilings have been enacted in the
past decade. Foremost is an exception for certain family-sponsored immigrants.
More specifically, the INA states that 75% of the visas allocated to spouses and
children of LPRs (2ndA family preference) are not subject to the per-country ceiling.18
Prior to FY2001, employment-based preference immigrants were also held to percountry
ceilings. The American Competitiveness in the Twenty-First Century Act
of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based
immigrants to be surpassed for individual countries that are oversubscribed as long
as visas are available within the worldwide limit for employment-based preferences.
The impact of these revisions to the per-country ceilings is discussed later in this
report......................
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is 140,000. 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. The dependent area limit is set at 2%, or 7,320.
Given this is legislation, I don't think rule changes can trump it. I don't believe per country limits will change. Besides, how is that a solution to anything? This is not an Indian or Chinese issue. It's a legal immigrant issue.
See pg CRS-5 of document http://fpc.state.gov/documents/organization/84914.pdf
Two important exceptions to the per-country ceilings have been enacted in the
past decade. Foremost is an exception for certain family-sponsored immigrants.
More specifically, the INA states that 75% of the visas allocated to spouses and
children of LPRs (2ndA family preference) are not subject to the per-country ceiling.18
Prior to FY2001, employment-based preference immigrants were also held to percountry
ceilings. The American Competitiveness in the Twenty-First Century Act
of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based
immigrants to be surpassed for individual countries that are oversubscribed as long
as visas are available within the worldwide limit for employment-based preferences.
The impact of these revisions to the per-country ceilings is discussed later in this
report......................
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gimme Green!!
07-15 04:11 PM
That is expected based on the number of I140s that would have been approved and ready for adjudication. Also, with priority dates moving forward, more applications from earlier dates come into play and the processing dates move back.
Hopefully, they start moving forward soon and go over the July / August 2007 hump.
With USCIS what isnt odd! :).
I managed to find the NSC processing time archive from AILA - http://aila.org/content/default.aspx?bc=1016|8767|6739
See the 485 EB based processing timeline.
12/15/2007 - 04/24/2007
01/15/2008 - 07/19/2007
02/15/2008 - 07/30/2007
03/15/2008 - ?
04/15/2008 - 07/11/2007
05/15/2008 - 07/14/2007
06/15/2008 - 07/28/2008
This means that even processing dates go back and forward like priority dates! I dont think the July status is posted yet, but this definitely is interesting.
Hopefully, they start moving forward soon and go over the July / August 2007 hump.
With USCIS what isnt odd! :).
I managed to find the NSC processing time archive from AILA - http://aila.org/content/default.aspx?bc=1016|8767|6739
See the 485 EB based processing timeline.
12/15/2007 - 04/24/2007
01/15/2008 - 07/19/2007
02/15/2008 - 07/30/2007
03/15/2008 - ?
04/15/2008 - 07/11/2007
05/15/2008 - 07/14/2007
06/15/2008 - 07/28/2008
This means that even processing dates go back and forward like priority dates! I dont think the July status is posted yet, but this definitely is interesting.
satishku_2000
09-17 02:46 PM
Hi everyone, I have been approved on 9/6/7.
only 92 days after AOS filing.
My sponsor, I did work with them from 2002-2007. They agree to file i-485 in the hopes economy would get better. However house builders are doing very bad now and they cannot take me back after approval.
The question is, does this spoiled my chances for citizenship?
I think you can get a letter from employer stating that they can not employ you any more. I am not sure if they issue a letter to every person that loses the job. Just make sure that your intention to work with the sponsering employer is documented somehow .
I have an idea here ... just write an email to your boss or HR stating "how good company has been to you and how they helped you with your immigration process and given a choice you would rather work with the same company"
Take a printout of all these emails and save them if you still have a chance. You can use all these to prove if you run into any problems during the naturalization process.
Apart from these things collect the news paper clips or company wide emails that talk about downsizing. These things should help you to prove your intentions if there is a query about your intentions at the time of naturalization.
If you think company will survive for 5 or 10 more years , just keep in touch with your HR
only 92 days after AOS filing.
My sponsor, I did work with them from 2002-2007. They agree to file i-485 in the hopes economy would get better. However house builders are doing very bad now and they cannot take me back after approval.
The question is, does this spoiled my chances for citizenship?
I think you can get a letter from employer stating that they can not employ you any more. I am not sure if they issue a letter to every person that loses the job. Just make sure that your intention to work with the sponsering employer is documented somehow .
I have an idea here ... just write an email to your boss or HR stating "how good company has been to you and how they helped you with your immigration process and given a choice you would rather work with the same company"
Take a printout of all these emails and save them if you still have a chance. You can use all these to prove if you run into any problems during the naturalization process.
Apart from these things collect the news paper clips or company wide emails that talk about downsizing. These things should help you to prove your intentions if there is a query about your intentions at the time of naturalization.
If you think company will survive for 5 or 10 more years , just keep in touch with your HR
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eb3_nepa
02-27 10:25 AM
A bit melodramatic, but i can relate to that. I lost one of my parents to this "US dream". But that is my personal problem.
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gc??
09-02 09:00 AM
At the mercy of USCIS :eek:
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h1techSlave
08-20 11:43 AM
It is my understanding that many GC applicants do not need labor clearance. Nurses, EB1 folks etc. etc. So the total demand for GC = 30K labor cases + 100K non-labor cases. That would only leave 10K for retrogressed countries.
Due to the economic downturn there aren't many companies sponsoring GCs for employees. I doubt it would be more than 20 to 30k per year from now. This leaves 100-110k visas available every year for retrogressed countries like india and china
if there 300-400k pending GC applications in all categories then shouldn't all of us get our GC in next 3-4 years?
Due to the economic downturn there aren't many companies sponsoring GCs for employees. I doubt it would be more than 20 to 30k per year from now. This leaves 100-110k visas available every year for retrogressed countries like india and china
if there 300-400k pending GC applications in all categories then shouldn't all of us get our GC in next 3-4 years?
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priderock
07-12 02:44 PM
WHat happens when they return the visa number to DOS? Can they request them again later or these numbers are just wasted for this year?
Thanks!
Since the year is not over yet (until SEP30) , DOS can adjust the dates in next (interim ?) bulletin accordingly. That does not mean they become current like original Jul bulletin did , but at least some people will be able to file.
Thanks!
Since the year is not over yet (until SEP30) , DOS can adjust the dates in next (interim ?) bulletin accordingly. That does not mean they become current like original Jul bulletin did , but at least some people will be able to file.
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gcnirvana
12-04 01:18 PM
Visa Stamp in Passport: 13-Jan-2007 (I94 in passport expires on 1/13/07)
Current I-797 : From 02/24/2006 to 04-Jun-2007
3-Year extension based on I-140 from: 05-Jun-2007 to 04-Jun-2010
In this scenario, if I goto India, say in Feb, get my visa stamping done, what will be the validity of my visa in the passport?
1. 05-Jun-2007 to 04-Jun-2010 as stated in my 3-yr extension or
2. the date I went for interview till 04-Jun-2010??
If its the former, then how can I get into US during March '07 as there will be a gap in my visa dates in the passport?
I will send the same questions to my attorney but would like to know before hand, just in case, if my attorney tries to act smart :(
Thanks in advance for your responses...
Current I-797 : From 02/24/2006 to 04-Jun-2007
3-Year extension based on I-140 from: 05-Jun-2007 to 04-Jun-2010
In this scenario, if I goto India, say in Feb, get my visa stamping done, what will be the validity of my visa in the passport?
1. 05-Jun-2007 to 04-Jun-2010 as stated in my 3-yr extension or
2. the date I went for interview till 04-Jun-2010??
If its the former, then how can I get into US during March '07 as there will be a gap in my visa dates in the passport?
I will send the same questions to my attorney but would like to know before hand, just in case, if my attorney tries to act smart :(
Thanks in advance for your responses...
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VASU
04-28 10:16 PM
I am in the same boat, my LC and I-140 both approved . But employer not ready to share the copy of I-140. Is there any way to get the copy I-140.
---------------------------------------------------------
LC EB3-June 2004
Contribution $200
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LC EB3-June 2004
Contribution $200
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seekerofpeace
09-23 10:34 AM
Folks,
It is worth trying but from my experience over the last 3 years of contacting congressman's office....it really is not that important.....I have heard that the congressman needs to be influential et al...that's nonsense...the congressman never gets to read ur mail...it goes to an immigration person mostly a junior staff member and he does what lawyers do thru AILA to get info on the case...they can neither expedite a case nor get valuable information for you...
Regards,
SoP
It is worth trying but from my experience over the last 3 years of contacting congressman's office....it really is not that important.....I have heard that the congressman needs to be influential et al...that's nonsense...the congressman never gets to read ur mail...it goes to an immigration person mostly a junior staff member and he does what lawyers do thru AILA to get info on the case...they can neither expedite a case nor get valuable information for you...
Regards,
SoP
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zCool
04-02 08:26 PM
You already applied with approved LCA. Any amendment to LCA AFTER the RFE may not be looked upon kindly.. check that with lawyer..
What he means to say is, if you are saying your next 3 yrs project is in CA, then your LCA work location should not be in NC.
If your LCA work location is in NC then they have asked for NC based contract.. I would provide that, and not one in CA. your case needs more detailed look before you dump everything in USCIS lap..
Just to keep your mind at ease.. know this..
Last jan one of my friends who runs his own firm , applied for 6 H1bs of these 5 got RFEs similar to these.. he replied to each one with 300+ page reply , they approved all within 4 days.. so it's impossible for anyone to read thro' they basically do it for 2 reasons..
1. Records collections.
2. Verify position is genuine, employer is sizable and beneficiary status is okay..
Other than that, smaller stuff .. don't sweat.. Just don't go making changes to LCA or anything like that in panic..
What he means to say is, if you are saying your next 3 yrs project is in CA, then your LCA work location should not be in NC.
If your LCA work location is in NC then they have asked for NC based contract.. I would provide that, and not one in CA. your case needs more detailed look before you dump everything in USCIS lap..
Just to keep your mind at ease.. know this..
Last jan one of my friends who runs his own firm , applied for 6 H1bs of these 5 got RFEs similar to these.. he replied to each one with 300+ page reply , they approved all within 4 days.. so it's impossible for anyone to read thro' they basically do it for 2 reasons..
1. Records collections.
2. Verify position is genuine, employer is sizable and beneficiary status is okay..
Other than that, smaller stuff .. don't sweat.. Just don't go making changes to LCA or anything like that in panic..
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anilkumar0902
09-14 01:33 AM
Filed I-485 on July 31,2007. Checks cashed on Sep 10th and received Receipt Notices for me and my wife through the attorney yesterday. I am in the EB-2 category with PD: Oct 2005.
However, on both of our I-485 receipt notices, the Category shows up as "Unknown" ...Has anyone else faced any such thing...
Please advice.
However, on both of our I-485 receipt notices, the Category shows up as "Unknown" ...Has anyone else faced any such thing...
Please advice.
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nivasch
02-28 02:27 PM
Great work guys. keep it up.
thx,
Nivas
thx,
Nivas
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rajuseattle
07-14 08:52 PM
this is mainly due to July VISA Bulletin fiasco and thousands were allowed to apply for their I-485, due to USCIS/DOL July 2007 VB.
one moe reason lots of Citizenship petitions were also filed in July 2007 to take advantage of old fees structure.
All countries of chargeability and employment categories were made current, since Dol was frustrated with USCIS's slow processing rate for I-485 and had Dol not made the VB current USCIS would have wasted few thousand VISA numbers as usual.
Silverlining is that we were all given freedom of using EAD and get new jobs or promotions using the AC-21 provisions...but the long term side effect is the slow moment we are seeing for the processing dates.
NSC is slow since lots of high tech H1-B employers are from CA and WA states and they applied truck load of I-485 versus the folks in Texas Service centre.
We are all hoping that once USCIS is out of this naturalization processing pressure before the elections, they would start processing the July-aug 2007 I-485 petitions.
one moe reason lots of Citizenship petitions were also filed in July 2007 to take advantage of old fees structure.
All countries of chargeability and employment categories were made current, since Dol was frustrated with USCIS's slow processing rate for I-485 and had Dol not made the VB current USCIS would have wasted few thousand VISA numbers as usual.
Silverlining is that we were all given freedom of using EAD and get new jobs or promotions using the AC-21 provisions...but the long term side effect is the slow moment we are seeing for the processing dates.
NSC is slow since lots of high tech H1-B employers are from CA and WA states and they applied truck load of I-485 versus the folks in Texas Service centre.
We are all hoping that once USCIS is out of this naturalization processing pressure before the elections, they would start processing the July-aug 2007 I-485 petitions.
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abhilashny11
12-03 06:18 PM
Firstly, i would like to thank you for replying to my question. Please find the below email sent by my lawyer today:
As per our conversation, attached are the two lists that you can review.
Starting from November 1st *Onet has changed the positions for software professionals, please find information below according to *Onet http://online.onetcenter.org/
There are no EB2 positions available for the Software professionals, only EB3 positions are available. However as we discussed earlier if the company has a business necessity and are able to produce the documents for the business necessity you can file the case under EB2, which is still beyond the requirement according to Labor Department.
As per our conversation, attached are the two lists that you can review.
Starting from November 1st *Onet has changed the positions for software professionals, please find information below according to *Onet http://online.onetcenter.org/
There are no EB2 positions available for the Software professionals, only EB3 positions are available. However as we discussed earlier if the company has a business necessity and are able to produce the documents for the business necessity you can file the case under EB2, which is still beyond the requirement according to Labor Department.
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sanjay02
11-12 07:52 PM
Hi
Did Any one with Sept 12th 2007 recpt date got AP? Please let me know.
I got my EAD and fingerprints and still waiting for my AP.
Edit/Delete Message
Did Any one with Sept 12th 2007 recpt date got AP? Please let me know.
I got my EAD and fingerprints and still waiting for my AP.
Edit/Delete Message
CWYGC
05-24 12:22 PM
Done
ItIsNotFunny
12-17 09:45 AM
My 6th year H1B is expiring on April 28, 2008. I applied labor through PERM on October 2, 2007. I got the audit letter on December 3, 07. This audit letter does not state anything about the issue of the audit letter. However, the sentence �The job duties and/ or requirements are beyond those defined for the job by SOC/ O*Net code an Occupation Title provided by the State Workforce Agency� is highlighted in this letter. The letter also request for Business Necessity Letter and Recruitment Report. My case is the EB2 case for a Project Manager position with a minimum of 2 years working experience. A couple of programs and knowledge in the field are also required for this position. At the recruitment times, there are no applicants applied to this position. The company has approximately 16 employees including me.
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
Most of the EB2 in my company in last few month are under audit at present. What is going on?
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
Most of the EB2 in my company in last few month are under audit at present. What is going on?
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