Nagireddi
08-19 04:46 PM
I strongly recommend
1.Rajiv S.Khanna www.immigration.com
2.James D.Eiss www.usvisahelp.com
Both of them are very honest,professional and proficient. Good luck to all.
1.Rajiv S.Khanna www.immigration.com
2.James D.Eiss www.usvisahelp.com
Both of them are very honest,professional and proficient. Good luck to all.
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delhiguy79
07-23 06:06 PM
Just being paranoid, but is 797 the number for the "receipt notice" as well as notice of action? I know that when H1 or 140 is decided, the notice of action form is called 797. I know that the USCIS seems pretty clear in the FAQ, but just wanted to confirm that a receipt is also called 797
..
..
marlon2006
07-18 11:10 AM
Skills in general are typically formed by three components:
a) 1/3 - Formal hands-on Training
b) 1/3 - On the job experience
c) 1/3 - Reading, research on your own
If you have some indirect project experience by working as a programmer for example, I don't see why not you cannot do items a) and c) above. At least the PMP (or whatever certification you intend to take) will be ready when opportunities come and the training should help you expand your horizons. Good luck.
I really don't know, As some body suggested doing PMP, for doing the PMP certification you need to have a project management experience of few years right?
a) 1/3 - Formal hands-on Training
b) 1/3 - On the job experience
c) 1/3 - Reading, research on your own
If you have some indirect project experience by working as a programmer for example, I don't see why not you cannot do items a) and c) above. At least the PMP (or whatever certification you intend to take) will be ready when opportunities come and the training should help you expand your horizons. Good luck.
I really don't know, As some body suggested doing PMP, for doing the PMP certification you need to have a project management experience of few years right?
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mohican
01-14 03:37 PM
I finally got the letters and the root cause of my I485 denial. My previous employer informed that they used my approved I140 for another employee. As many of you might know this I140 substitution practice was a loophole until June 2007. These days companies can not do this any more.
So probably when my I485 came up for adjudication, there was no I140 since it had been used and hence they denied it. Now, I changed jobs per AC21 rules--yeah the famous rule that USCIS ignores. I am waiting on my current attorneys to file an MTR as soon as possible.
Question to forum members:
1. Are there folks in EXACTLY similar situation?
2. If yes, after filing MTR and it getting accepted, what are next steps since one definitely needs a approved I140?
3. Further to #2 above, does one need to file another I140 and port the previous date? I am sure this would take longer time than the current H1b that I hold until June 2009.
4. Can any one share lawyer name and contact info who might have favorably helped a forum member so that I can contact the person and get a second opinion to discuss legal strategies that might be available.
Best-
Mohican
So probably when my I485 came up for adjudication, there was no I140 since it had been used and hence they denied it. Now, I changed jobs per AC21 rules--yeah the famous rule that USCIS ignores. I am waiting on my current attorneys to file an MTR as soon as possible.
Question to forum members:
1. Are there folks in EXACTLY similar situation?
2. If yes, after filing MTR and it getting accepted, what are next steps since one definitely needs a approved I140?
3. Further to #2 above, does one need to file another I140 and port the previous date? I am sure this would take longer time than the current H1b that I hold until June 2009.
4. Can any one share lawyer name and contact info who might have favorably helped a forum member so that I can contact the person and get a second opinion to discuss legal strategies that might be available.
Best-
Mohican
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DoubleN
03-10 04:19 PM
My friend told by attorney that grace period is 270 days after H1B cancelled by employer. he can find the another employer / job during that period.
Not sure!! but cross check with USCIS
Not sure!! but cross check with USCIS
jthomas
03-13 07:22 PM
Why don't we concentrate on state chapters.. that surely makes some big difference. We were able to apply for I-140 and I-485 thats a huge blessing. But do we have enough time to motivate our EB friends to join us and meet the law makers, signing letters etc... If we have many active members we would have achieved something.
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msyedy
02-11 06:01 PM
Pappu's post
Other companies/coalitions have stopped pushing for temporary H-1B increase as they do not want to be in the bad books of committee chairmen and the leadership offices by trying to sneak temporary relief that divides the supporters of CIR. Leadership wants support for CIR and want all sides to wait for CIR. And not doing so and trying to get interim relief before CIR would put them in bad books of Senate and House leadership, which no one wants coz if CIR fails, then after CIR, these offices will not co-operate with any group that tried to take away support from CIR. So it would be counter-productive politically to do things that take away good stuff from CIR. Also, if you think that any effort in the final week could help in anyway, then let me to share with you that most provisions and their language are decided much in advance and last minute efforts almost never yield any result on the Hill."
I don't want to oppose IV, but think it this way.. If Microsoft and many big companies asking an increase in H1-B for so many years did not get anything done since 2005, then what are our chances of our voice even reaching them.
Everyone were so desparatly waiting for the I-485 relief before 15th feb.
Now that we know that the provisions and their language are decided much in advance, can we know if senate is really going to introduce CIR next month and are inclined towards passing it.
After reading the complete post, I have come to conclusion that we cannot
hope confidently that anything can pass this year or in the comming years.
Other companies/coalitions have stopped pushing for temporary H-1B increase as they do not want to be in the bad books of committee chairmen and the leadership offices by trying to sneak temporary relief that divides the supporters of CIR. Leadership wants support for CIR and want all sides to wait for CIR. And not doing so and trying to get interim relief before CIR would put them in bad books of Senate and House leadership, which no one wants coz if CIR fails, then after CIR, these offices will not co-operate with any group that tried to take away support from CIR. So it would be counter-productive politically to do things that take away good stuff from CIR. Also, if you think that any effort in the final week could help in anyway, then let me to share with you that most provisions and their language are decided much in advance and last minute efforts almost never yield any result on the Hill."
I don't want to oppose IV, but think it this way.. If Microsoft and many big companies asking an increase in H1-B for so many years did not get anything done since 2005, then what are our chances of our voice even reaching them.
Everyone were so desparatly waiting for the I-485 relief before 15th feb.
Now that we know that the provisions and their language are decided much in advance, can we know if senate is really going to introduce CIR next month and are inclined towards passing it.
After reading the complete post, I have come to conclusion that we cannot
hope confidently that anything can pass this year or in the comming years.
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piyushpan
03-22 11:42 PM
Hi stucklabor,
That was a good analysis.
So to summarize what you are saying is the following(as per Frist's bill)
1 People who have advanced degrees and are presently working can apply for adjustment of status(I-485) even if they don;t have a labor or a pending I-140 but they will be subject to quota to get the final approval.
2Secondly for people who are presently studying and doing their MS they can directly apply for I-485 if they have a US job offer within one year after graduation but they will be subject to quota as well
3Thirdly there is the category which has MS/Phd and 3 yrs of related exp.
For this category they can directly apply for I-485 and no quota issues either.
My question is for all these 3 categories can you really directly apply for I-140 and I485 concurrently or do you have to have a certified labor certification or pending I-140 at the time of enact ment of the bill.
I am asking because i have an approved perm labor and I-140 and waiting to file for I-485..but my company is not doing well so i may have to restart the process all over again in the new company i join.But if i have to file only I-140 and I-485 to get the GC in new company and if this bill becomes law then that would be amazing as i don;t have to go through the labor cert process anymore..
Can you confirm what i'm interpreting is correct?
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
That was a good analysis.
So to summarize what you are saying is the following(as per Frist's bill)
1 People who have advanced degrees and are presently working can apply for adjustment of status(I-485) even if they don;t have a labor or a pending I-140 but they will be subject to quota to get the final approval.
2Secondly for people who are presently studying and doing their MS they can directly apply for I-485 if they have a US job offer within one year after graduation but they will be subject to quota as well
3Thirdly there is the category which has MS/Phd and 3 yrs of related exp.
For this category they can directly apply for I-485 and no quota issues either.
My question is for all these 3 categories can you really directly apply for I-140 and I485 concurrently or do you have to have a certified labor certification or pending I-140 at the time of enact ment of the bill.
I am asking because i have an approved perm labor and I-140 and waiting to file for I-485..but my company is not doing well so i may have to restart the process all over again in the new company i join.But if i have to file only I-140 and I-485 to get the GC in new company and if this bill becomes law then that would be amazing as i don;t have to go through the labor cert process anymore..
Can you confirm what i'm interpreting is correct?
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
more...
weilai
06-22 03:57 PM
My wife had a H1B working for company A from 08/2003 to 07/2005 (from I-94) and she filed another H1B application to work for company B in 05/2004. She got the notice, stopped working for company A and started working for company B. However, she never got the aprroval notice for the second H1B application. Actually this case is currently still pending. She worked for company B until 07/2005 which is the expiration date of the first H1B. She changed to F2 later in 07/2005. I was wondering if there is any problem about status or employment authorization for this period of time from 08/2003 to 07/2005.
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nrakkati
03-20 11:20 PM
First of all,based on the information you provided i believe that
1. You are continuously employed WITHOUT any gap, meaning working 40 hrs/ week and clean history of pay stubs, W2s etc
2. You have been working for only one employer at any given point of time, as a full time employee
IF What i said above is true, then RFE makes no sense. because based on the H1B rules and regulations, one can have multiple H1Bs BUT can only work for ONE employer as full time, meaning 40hrs/week.
It is also completely legal that one can work up to 20hrs/week for second employer by paying proper taxes . but in your case i believe that you have worked for only one employer and i think you can show the evidence.
Please contact your attorney and draft a response carefully
Please correct me if were wrong
Thanks Satya. Your two assumptions are correct.
1. You are continuously employed WITHOUT any gap, meaning working 40 hrs/ week and clean history of pay stubs, W2s etc
2. You have been working for only one employer at any given point of time, as a full time employee
IF What i said above is true, then RFE makes no sense. because based on the H1B rules and regulations, one can have multiple H1Bs BUT can only work for ONE employer as full time, meaning 40hrs/week.
It is also completely legal that one can work up to 20hrs/week for second employer by paying proper taxes . but in your case i believe that you have worked for only one employer and i think you can show the evidence.
Please contact your attorney and draft a response carefully
Please correct me if were wrong
Thanks Satya. Your two assumptions are correct.
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franklin
09-18 08:07 AM
so i understand how the whole 7% thing works now in relation to the total visa's available....
but what i dont get it the fact that EB3 ROW was at Aug 02 in april this year,
then in May it moved to AUG 03, so people were clearly getting through the system....
then in June it moved to June 05 so again in that month people where getting processed, and moving through the system....
then the July fiaco, i guess because they were running tight for visa numbers...ok water under the bridge.....
But now the Oct bullitin which is the start of the new fiscal year puts us back to AUG 02 again........how does that work??? i dont get it. how can they suddenly be dealing with people from 02 when even in May it was up to AUG 03???
I would have thought that with the start of a new fisacl year there would be a full fresh batch of numbers, and people would get through a bit quicker for a least a couple of months...you would have thought that it would be current for the first month on the new allotment....wouldnt you???
i dont get it.???
There is much info ont this board that explains why this happened? It has been posted and debated in much much detail. It boilds down to, visa numbers are allocated to each quarter. The visa quota year ends in September, so the run up to this was the last quarter of the year. Under mounting pressure a combination of the Department of State and the USCIS didn't want to be accused of wasting visa numbers again, so they pushed dates REALLY far forward to make sure they wouldn't.
That drama is now over and we return to the normal state of affairs.
Just because you are a Brit born and bred, don't think you'll get your visa any faster. IF your occupation does qualify you for an EB3 (Bachelors degree or experience equivalency) and you aren't in the states now on any kind of temprorary visa. What I don't understand is, if you aren't in the US now - what employer would sponsor someone for a greencard that won't arrive for about 6 years?
but what i dont get it the fact that EB3 ROW was at Aug 02 in april this year,
then in May it moved to AUG 03, so people were clearly getting through the system....
then in June it moved to June 05 so again in that month people where getting processed, and moving through the system....
then the July fiaco, i guess because they were running tight for visa numbers...ok water under the bridge.....
But now the Oct bullitin which is the start of the new fiscal year puts us back to AUG 02 again........how does that work??? i dont get it. how can they suddenly be dealing with people from 02 when even in May it was up to AUG 03???
I would have thought that with the start of a new fisacl year there would be a full fresh batch of numbers, and people would get through a bit quicker for a least a couple of months...you would have thought that it would be current for the first month on the new allotment....wouldnt you???
i dont get it.???
There is much info ont this board that explains why this happened? It has been posted and debated in much much detail. It boilds down to, visa numbers are allocated to each quarter. The visa quota year ends in September, so the run up to this was the last quarter of the year. Under mounting pressure a combination of the Department of State and the USCIS didn't want to be accused of wasting visa numbers again, so they pushed dates REALLY far forward to make sure they wouldn't.
That drama is now over and we return to the normal state of affairs.
Just because you are a Brit born and bred, don't think you'll get your visa any faster. IF your occupation does qualify you for an EB3 (Bachelors degree or experience equivalency) and you aren't in the states now on any kind of temprorary visa. What I don't understand is, if you aren't in the US now - what employer would sponsor someone for a greencard that won't arrive for about 6 years?
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Almond
07-05 11:04 AM
Guys, temper your expectations. Cust Service Rep at USCIS are not trained to answer the questions that pertain to things like visa bulletin's effective date and whether or not they will accept the ones or reject the ones on July 2.
Cust Service Rep is for general information for those who cant or wont use the USCIS website and other sources of information on the internet. Or for those who dont speak English.
Cust Service is not intended to provide complex answers. Last I heard, even the Vermont service center folks didnt know about bulletin revision and they were turning down 3-year extension requests for H1 visas thinking that the bulletin is current until confronted by lawyers who said that bulletin is unavailable and now there is reason to give out 3 year extensions instead of 1 year extensions.
If Vermont service center was unaware of visa bulletin revision, then what do you expect from a Cust Service Rep who is trained to answer questions that cover information that can be fit in 20 pages ??????
Well, I'd like to hear one say 'we don't know, please keep checking for updates on our website or check back later with us".
Anyways, is there a number for the Nebraska center specifically or is the general USCIS number the only one that we can call for information?
Cust Service Rep is for general information for those who cant or wont use the USCIS website and other sources of information on the internet. Or for those who dont speak English.
Cust Service is not intended to provide complex answers. Last I heard, even the Vermont service center folks didnt know about bulletin revision and they were turning down 3-year extension requests for H1 visas thinking that the bulletin is current until confronted by lawyers who said that bulletin is unavailable and now there is reason to give out 3 year extensions instead of 1 year extensions.
If Vermont service center was unaware of visa bulletin revision, then what do you expect from a Cust Service Rep who is trained to answer questions that cover information that can be fit in 20 pages ??????
Well, I'd like to hear one say 'we don't know, please keep checking for updates on our website or check back later with us".
Anyways, is there a number for the Nebraska center specifically or is the general USCIS number the only one that we can call for information?
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H4_losing_hope
02-12 06:52 PM
please could you top mine off when you have chance so I still feel like I am competing with these long distance runners hehe. Thanks :)
thanks!
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Dhundhun
06-27 04:50 PM
i efiled on June 9th and finger scan and photo appt on July 7th. i hope they don't approve my application before then :rolleyes:
Did you sent photo? If not then you can be sure.
Did you sent photo? If not then you can be sure.
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clif
04-28 10:54 AM
Thank you IV and the IV Community.
Contributed $100. (8K977573P7306562V)
Contributed $100. (8K977573P7306562V)
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amitjoey
05-19 10:44 PM
Since you guys asked for the total - Here it is $1800.
We need another $1600 to end the day to bring it to $3400
I am just counting the pledges from the last 3 pages. Not the actual recieved.
GO IV.
Thanks to everyone that contributed today. we need to do better in the comming days.
We need another $1600 to end the day to bring it to $3400
I am just counting the pledges from the last 3 pages. Not the actual recieved.
GO IV.
Thanks to everyone that contributed today. we need to do better in the comming days.
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newuser
07-27 11:55 AM
Hi gps001,
I have same question. I filed I-485+AP+EAD in July fiasco, after one year renewed I-131 (paid the fee then). I remember from that time that I do not have to pay the fee again to renew it. But in the e-file form I am not seeing option to get the waiver. Now I am doubting whether 2nd renewal is free or not?
I believe you have to pay the fee again to renew. If you applied your AP after the new fee structure kicked in, then you don't. But most of the July fisaco filers have to pay the fee for renewal as the new fee kicked in after the fiasco.
I have same question. I filed I-485+AP+EAD in July fiasco, after one year renewed I-131 (paid the fee then). I remember from that time that I do not have to pay the fee again to renew it. But in the e-file form I am not seeing option to get the waiver. Now I am doubting whether 2nd renewal is free or not?
I believe you have to pay the fee again to renew. If you applied your AP after the new fee structure kicked in, then you don't. But most of the July fisaco filers have to pay the fee for renewal as the new fee kicked in after the fiasco.
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dixie
03-20 04:10 PM
I see that there is a lack of understanding about what "special" labor cert means.In the context of univ profs it means that the university is allowed to justify hiring an alien based on the fact that he was the BEST qualified candidate for the postion - that is, the univ is allowed to reject other minimally qualified applicants. This is currently not the case for other junta in either EB-2 or EB-3 .. if ANY minimally qualified american citizen / PR is found, the labor cert is denied.
If this is extended to EB2 / people with advanced STEM degrees as Frist Bill proposes, the labor cert will become quicker and painless for these folks (not to mention the immigration attorneys and the employers).
If this is extended to EB2 / people with advanced STEM degrees as Frist Bill proposes, the labor cert will become quicker and painless for these folks (not to mention the immigration attorneys and the employers).
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sobers
06-30 01:33 PM
Ok the bill is on THOMAS.
Here's the link to the bill
http://thomas.loc.gov/cgi-bin/bdquery/D?d109:23:./temp/~bd2vNO::|/bss/d109query.html|
It's already been referred to the House Judiciary. Since it had to do with Competitiveness i'd rather much rather see it in the House Energy and Commerce or House Science Committee. Despite all their talk of 'welcoming legals, and pro-immigrant, anti-illegal immigrant" pronouncements, they haven't done much to help legals in the Judiciary Committee.
logiclife: thanks for setting up the webfax. Appreciate all the work you guys are doing.
Btw, in the senate skil bill (s 2691) i see a new co-sponsor added, TX Sen Hutchinson. Can you set up the Webfax in a way that we can email our Senators/Congressmen to request they co-sponsor their chamber's respective versions of this legislation? Thank1
Here's the link to the bill
http://thomas.loc.gov/cgi-bin/bdquery/D?d109:23:./temp/~bd2vNO::|/bss/d109query.html|
It's already been referred to the House Judiciary. Since it had to do with Competitiveness i'd rather much rather see it in the House Energy and Commerce or House Science Committee. Despite all their talk of 'welcoming legals, and pro-immigrant, anti-illegal immigrant" pronouncements, they haven't done much to help legals in the Judiciary Committee.
logiclife: thanks for setting up the webfax. Appreciate all the work you guys are doing.
Btw, in the senate skil bill (s 2691) i see a new co-sponsor added, TX Sen Hutchinson. Can you set up the Webfax in a way that we can email our Senators/Congressmen to request they co-sponsor their chamber's respective versions of this legislation? Thank1
gc_aspirant_prasad
09-19 07:37 PM
Well said LogicLife!
Folks let us continue the momentum with good advice & coordination from IV core.
Folks let us continue the momentum with good advice & coordination from IV core.
bigboy007
05-30 07:08 PM
What happened to this bill ? Skilled Worker Immigration and Fairness Act'
by lieberman , it says its referred to Judicial committee , but as a matter of fact Durbin - Grassley who are proposing amendment against H1B , are part of this committee what are the chances or how can we guess when it will come to Senate discussion.
S1397
by lieberman , it says its referred to Judicial committee , but as a matter of fact Durbin - Grassley who are proposing amendment against H1B , are part of this committee what are the chances or how can we guess when it will come to Senate discussion.
S1397
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