perm2gc
08-24 04:48 PM
I have similar situation and not sure whether I will be able to apply for H1B revalidation..
I filed my i 140 and i 485 on Dec 23rd 2003 under EB3 category. I think my labor was filed under EB3 category. My Priority date is Mid August 2003. After 180 days of filing (around Nov 2004) I left my sponsoring company and joined another company with similar Job responsibility (to avail AC21), But didn't get my H1b transferred to new company. I got married recently and Ofcourse I can't file for my wife's i 485 since I am from India and visa numbers are not available. Can I get my H1Bvisa transferred to new employer if he is willing to sponsor? I got 3 years on H1B left
H1B Years are not based on employer..You can Recapture H1B time for any employer.You will get your 3 year extension with new employer if your attroney files so..
My Views Are Personal..Consult Immigration Attroney !!!
I filed my i 140 and i 485 on Dec 23rd 2003 under EB3 category. I think my labor was filed under EB3 category. My Priority date is Mid August 2003. After 180 days of filing (around Nov 2004) I left my sponsoring company and joined another company with similar Job responsibility (to avail AC21), But didn't get my H1b transferred to new company. I got married recently and Ofcourse I can't file for my wife's i 485 since I am from India and visa numbers are not available. Can I get my H1Bvisa transferred to new employer if he is willing to sponsor? I got 3 years on H1B left
H1B Years are not based on employer..You can Recapture H1B time for any employer.You will get your 3 year extension with new employer if your attroney files so..
My Views Are Personal..Consult Immigration Attroney !!!
Dhundhun
06-11 01:17 PM
How is the market? I want to share my history and see if the situation is the same in other places.
I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
Today we are trying to hire another programmer and so far, 1 month, no one show up.
I don't know if this situation is happening in other places, but from our experience since 2003.
- there are not many americans interested in IT ?!?
- the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
- due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.
My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.
Again, anyone seeing the same in other places...
Specialized people are not easily available.
I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
Today we are trying to hire another programmer and so far, 1 month, no one show up.
I don't know if this situation is happening in other places, but from our experience since 2003.
- there are not many americans interested in IT ?!?
- the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
- due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.
My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.
Again, anyone seeing the same in other places...
Specialized people are not easily available.
trueguy
08-11 11:23 AM
We don't have a poll for 2004 dates, true guy has dates before Jan 2004 and you have it starting from Jan 2005
ok guys, I will start a new poll starting from 2000 till 2010. Plz give me few minutes
ok guys, I will start a new poll starting from 2000 till 2010. Plz give me few minutes
krishnam70
11-20 04:26 PM
1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.
Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE
Extract from the instructions of I 131 form
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A. You depart from the United States; or
B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.
- good luck
kris
Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE
Extract from the instructions of I 131 form
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A. You depart from the United States; or
B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.
- good luck
kris
more...
kpchal2
03-17 10:34 PM
HI
I am in a very peculiar situation. I have been exploited twice by my previous employers who applied for my green card but ddid not let me know what the situatuion is. here is my situation
company A applied for my green card on Nov 1 2004. Labor got approved in Feb 2006. Applied for my I-140 in Feb 2006.
Changed company to Company B in May 2006.
Company B applied for labor in May 2006. I-140 from company A got approved in July 2006. (please note that this is I-140 from company A). The Labor for Company B got approved in october 2006. I-140 with company B applied in Nov 2006.
Changed company to Company C in Jan 2007.
Company C applied for labor in May 2007. Labor approved in May and I-140 applied in May 2007 itself. Now ironically I-140 for company B and Company C got approved on the same day.
I was totally amazed with 3 green card applications and did not know what to do and what my priority date was and so called USCIS and got transferred to the second level. From the conversation it looked like my labor priority is coming from Nov 2004 from my first application. Is this possible. Is there anyway that the USCIS people are trying to help me. The guy was literally telling me Nov 2004 was my priority date. Now should I be thrilled about it or is it just me and this is another stroke of their stupidity answering.
Can some gurus tell me how I can find my priority date. Please help me. I really want to know what my priority date is and wjhat my application category is . How can I find this information.
Thanks
I am in a very peculiar situation. I have been exploited twice by my previous employers who applied for my green card but ddid not let me know what the situatuion is. here is my situation
company A applied for my green card on Nov 1 2004. Labor got approved in Feb 2006. Applied for my I-140 in Feb 2006.
Changed company to Company B in May 2006.
Company B applied for labor in May 2006. I-140 from company A got approved in July 2006. (please note that this is I-140 from company A). The Labor for Company B got approved in october 2006. I-140 with company B applied in Nov 2006.
Changed company to Company C in Jan 2007.
Company C applied for labor in May 2007. Labor approved in May and I-140 applied in May 2007 itself. Now ironically I-140 for company B and Company C got approved on the same day.
I was totally amazed with 3 green card applications and did not know what to do and what my priority date was and so called USCIS and got transferred to the second level. From the conversation it looked like my labor priority is coming from Nov 2004 from my first application. Is this possible. Is there anyway that the USCIS people are trying to help me. The guy was literally telling me Nov 2004 was my priority date. Now should I be thrilled about it or is it just me and this is another stroke of their stupidity answering.
Can some gurus tell me how I can find my priority date. Please help me. I really want to know what my priority date is and wjhat my application category is . How can I find this information.
Thanks
pappu
09-08 12:22 PM
IV members,
IARC (Indian American Republican council) held a conference in DC on Sept 6th & 7th (more details:
http://immigrationvoice.org/forum/showthread.php?t=1563). Some of our core members attended this event and interacted with key lawmakers. Our core team member, Shilpa was invited to speak on the Immigration Panel.
This is the press release from Immigration voice. Please forward it to all your contacts for wider publicity of IV's efforts and our common cause. Thank you once again for your continued support for IV's efforts.
===============
Immigration Voice urges lawmakers to focus on high-skilled employment based immigration
Washington, D.C., September 8th, 2006
Immigration Voice member, Shilpa Ghodgaonkar participated on a panel on Immigration at the Indian American Republican Council�s fall conference in Washington DC on September 7th.
The speaker list constituted prominent leaders from the Republican Party - Senate Majority Leader Bill Frist, Senators Brownback, George Allen, as well as U.S. House Representatives, Speaker Hastert, Ros-Lehtinen, Ed Royce, Bobby Jindal and Joe Wilson.
Speaking at the event, Shilpa called for more focus on legal highly skilled immigration and urgent reform of the antiquated employment-based immigration system, adding that loss of talent to other countries was not in America�s interest. Ms. Ghodgaonkar observed � immigration debate included illegal immigration and H-1B quotas, but the issues faced by the legal educated foreign workers working in the US and seeking permanent residency were largely ignored.
Noting that 255,000 employment-based applications pending at the DOL (April 2006) and 170,000 to 230,000 applications pending at the USCIS translated into unconscionable delays, she elucidated the impact of bad bureaucracy on the lives of individuals: �During the long wait, highly skilled foreign workers are wary of buying homes, cannot accept promotions or change jobs for fear of losing their position in the green card queue � particularly because their job description is tied to the green card. Highly qualified doctors, scientists, engineers... etc. cannot utilize their skills to the fullest potential. Individuals cannot innovate and start companies that would create new jobs� lives are on hold. More importantly, employers share the same frustration, as they cannot access the talent pool available here in the US.�
Illustrating how Canada, UK, Australia, etc. are competing to welcome creative talent, and citing reasons for shortage of skills in the US, Ms. Ghodgaonkar added that America direly needs to attract talent to sustain technological leadership. �Of the total legal immigration in 2004 and 2005, only 7.5% and 10.2% respectively went to highly skilled principal applicants. 2004-2005 figures from Australia indicate that their migration program comprised of 60% skilled immigrants�.
"The last time the quota for skilled immigrants was debated in congress was in 1990. That was 16 years ago," said Ms. Ghodgaonkar. Stating that high-skilled immigration created a net benefit to the country, she urged lawmakers to address immigration in a piece-by-piece manner, and pass sensible legislation that would retain talent in the country. �This is basically a symbiotic relationship, which if nurtured well will bring rich rewards to the US as well as the immigrants who are contributing here.�
Commending Senator Cornyn and Representative Shadegg for introducing the SKIL Bill in the Senate and the House, Ms. Ghodgaonkar concluded �The US can continue to remain the shining city on the hill, if it attracts high-skilled workers who will be great assets to this country�.
About Immigration Voice:
Immigration Voice (www.immigrationvoice.org) is a non-profit national grassroots organization committed to feasible solutions to a broken employment-based immigration process. Immigration Voice is advocating for technical changes that will improve the quality of life of several individuals that are stuck in the backlogs/delays, and help the system to work as it was intended.
IARC (Indian American Republican council) held a conference in DC on Sept 6th & 7th (more details:
http://immigrationvoice.org/forum/showthread.php?t=1563). Some of our core members attended this event and interacted with key lawmakers. Our core team member, Shilpa was invited to speak on the Immigration Panel.
This is the press release from Immigration voice. Please forward it to all your contacts for wider publicity of IV's efforts and our common cause. Thank you once again for your continued support for IV's efforts.
===============
Immigration Voice urges lawmakers to focus on high-skilled employment based immigration
Washington, D.C., September 8th, 2006
Immigration Voice member, Shilpa Ghodgaonkar participated on a panel on Immigration at the Indian American Republican Council�s fall conference in Washington DC on September 7th.
The speaker list constituted prominent leaders from the Republican Party - Senate Majority Leader Bill Frist, Senators Brownback, George Allen, as well as U.S. House Representatives, Speaker Hastert, Ros-Lehtinen, Ed Royce, Bobby Jindal and Joe Wilson.
Speaking at the event, Shilpa called for more focus on legal highly skilled immigration and urgent reform of the antiquated employment-based immigration system, adding that loss of talent to other countries was not in America�s interest. Ms. Ghodgaonkar observed � immigration debate included illegal immigration and H-1B quotas, but the issues faced by the legal educated foreign workers working in the US and seeking permanent residency were largely ignored.
Noting that 255,000 employment-based applications pending at the DOL (April 2006) and 170,000 to 230,000 applications pending at the USCIS translated into unconscionable delays, she elucidated the impact of bad bureaucracy on the lives of individuals: �During the long wait, highly skilled foreign workers are wary of buying homes, cannot accept promotions or change jobs for fear of losing their position in the green card queue � particularly because their job description is tied to the green card. Highly qualified doctors, scientists, engineers... etc. cannot utilize their skills to the fullest potential. Individuals cannot innovate and start companies that would create new jobs� lives are on hold. More importantly, employers share the same frustration, as they cannot access the talent pool available here in the US.�
Illustrating how Canada, UK, Australia, etc. are competing to welcome creative talent, and citing reasons for shortage of skills in the US, Ms. Ghodgaonkar added that America direly needs to attract talent to sustain technological leadership. �Of the total legal immigration in 2004 and 2005, only 7.5% and 10.2% respectively went to highly skilled principal applicants. 2004-2005 figures from Australia indicate that their migration program comprised of 60% skilled immigrants�.
"The last time the quota for skilled immigrants was debated in congress was in 1990. That was 16 years ago," said Ms. Ghodgaonkar. Stating that high-skilled immigration created a net benefit to the country, she urged lawmakers to address immigration in a piece-by-piece manner, and pass sensible legislation that would retain talent in the country. �This is basically a symbiotic relationship, which if nurtured well will bring rich rewards to the US as well as the immigrants who are contributing here.�
Commending Senator Cornyn and Representative Shadegg for introducing the SKIL Bill in the Senate and the House, Ms. Ghodgaonkar concluded �The US can continue to remain the shining city on the hill, if it attracts high-skilled workers who will be great assets to this country�.
About Immigration Voice:
Immigration Voice (www.immigrationvoice.org) is a non-profit national grassroots organization committed to feasible solutions to a broken employment-based immigration process. Immigration Voice is advocating for technical changes that will improve the quality of life of several individuals that are stuck in the backlogs/delays, and help the system to work as it was intended.
more...
BMWX5
02-22 10:35 AM
First and foremost, you need to fire attorney for not using his/her reasonable skill of not appropriately matching you to the labor suitable to you.
You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.
It could take some more months, before you are able to file for 485 again.
Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.
Well said. However what is the necessity for you to say
<b>who might have faked their resume, like some IT pros do</b>
Take it easy...
You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.
It could take some more months, before you are able to file for 485 again.
Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.
Well said. However what is the necessity for you to say
<b>who might have faked their resume, like some IT pros do</b>
Take it easy...
msyedy
12-13 12:45 PM
GCAMIGO was scaring him.. that is why he replied that If you do not know then dont answer
more...
subarashi_indo
11-30 12:26 PM
I checked on the website, and it has a note - " Important Note: In certain cases of an old passports issued by an office other than the Consulate General of New York, a passport is issued for one year. In such cases, applicants have to apply for extension of the passport any time after 45 days. A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. "
Here's the link that I was referring to...
RENEWAL OF PASSPORT OR NEW PASSPORT - www.indiacgny.org (http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3)
What I meant to ask was, I cannot apply for a renewal until I get my new I797, right ? And, once I get it, and plan to travel, I'll go for a new visa stamp and I just want to make sure that I get it for the duration applicable and not until the expiration of the passport, and also that if i get my passport renewed here, I get it for another 10 or so years and not one.
Also, could you please tell me how long does it usually take to get the passport renewed ? I'm in NY area.
Thank you.
Here's the link that I was referring to...
RENEWAL OF PASSPORT OR NEW PASSPORT - www.indiacgny.org (http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3)
What I meant to ask was, I cannot apply for a renewal until I get my new I797, right ? And, once I get it, and plan to travel, I'll go for a new visa stamp and I just want to make sure that I get it for the duration applicable and not until the expiration of the passport, and also that if i get my passport renewed here, I get it for another 10 or so years and not one.
Also, could you please tell me how long does it usually take to get the passport renewed ? I'm in NY area.
Thank you.
Berkeleybee
04-08 01:21 PM
I thought the "Freedom of Information Act" requires the federal goverment to disclose all data and procedure unless it is exempt by some other laws (list of super spies, for instance). Wouldn't it be possible to using this law to force them to disclose their numbers?
Is there any month by month ombudsman report? I was just thinking It doesn't have too much of use if they report AFTER the number is wasted....
Atlfp,
I have had several conversations with the staff of the CIS Ombudsman on this issue. Believe it or not, DOS has been resisting official efforts to release these figures. Just last week I also talked to the Office of Communications at USCIS about this issue -- no promises have been made but it is an on-going battle.
Also, if you are familiar with the tables in the Yearbook of Immigration Statistics -- those are aggregated tables -- this year (FY 05) for the first time there was a limited release that showed us EB subcategory approvals by country. Such data exists for every year and every table in the Yearbook of Immigration Statistics but is not released to the public -- why? Because the Yearbook tables have been done a certain way since kingdom come. We are also trying to change that.
So yes, we are trying, but it seems to me that it is not in the interest of an inefficient organization to cast light on the nature of its inefficiencies.
Will keep members posted on this.
best,
Berkeleybee
Is there any month by month ombudsman report? I was just thinking It doesn't have too much of use if they report AFTER the number is wasted....
Atlfp,
I have had several conversations with the staff of the CIS Ombudsman on this issue. Believe it or not, DOS has been resisting official efforts to release these figures. Just last week I also talked to the Office of Communications at USCIS about this issue -- no promises have been made but it is an on-going battle.
Also, if you are familiar with the tables in the Yearbook of Immigration Statistics -- those are aggregated tables -- this year (FY 05) for the first time there was a limited release that showed us EB subcategory approvals by country. Such data exists for every year and every table in the Yearbook of Immigration Statistics but is not released to the public -- why? Because the Yearbook tables have been done a certain way since kingdom come. We are also trying to change that.
So yes, we are trying, but it seems to me that it is not in the interest of an inefficient organization to cast light on the nature of its inefficiencies.
Will keep members posted on this.
best,
Berkeleybee
more...
Kushal
09-15 05:23 PM
Will join...see you all in the chat room
lazycis
02-12 07:18 PM
Hi Wandmaker, Even If I need to work for the same employer do I need to use my EAD ?.
If you say 'Yes' to use EAD, later if I receive my H1B Extension in 1-2 monts, Can I use my H1B for the same employer where I got EAD thru them ?. If so wats the procedure ? . thank u sir.
Yes, use EAD (fill new I-9 from). After H1 extension is approved, leave and re-enter with new H1 stamp. Fill new I-9 form.
If you say 'Yes' to use EAD, later if I receive my H1B Extension in 1-2 monts, Can I use my H1B for the same employer where I got EAD thru them ?. If so wats the procedure ? . thank u sir.
Yes, use EAD (fill new I-9 from). After H1 extension is approved, leave and re-enter with new H1 stamp. Fill new I-9 form.
more...
adde72
06-30 10:58 AM
and do it in PM. Someone asked is in a situation due to the attorney. He didn't seek or initiate LS.
Keep it polite. Moderators, watch and close this thread, if it becomes rowdy here.
If he can buy a Labor why cant the advise also ..this is a public forum for a cause - Retrogression - not for encouraging subtitution cases .
Members
Please dont answer any questions relating to that topic .Kick the guys out
Keep it polite. Moderators, watch and close this thread, if it becomes rowdy here.
If he can buy a Labor why cant the advise also ..this is a public forum for a cause - Retrogression - not for encouraging subtitution cases .
Members
Please dont answer any questions relating to that topic .Kick the guys out
sdas
12-02 10:28 PM
but, the title of your thread sure sounded like an AD. You could have titled it as "Need advice on H2-B non immigrant visa" or something like that..
more...
.jpg "Kerala - Lord Shiva Hindu")
alexmat01
01-13 04:36 AM
I had applied for a visa back in 2007 and the initial approval was for 3 years till 2010 Oct.I have 9 years of IT exp and I have been in US before on a H1B visa through a top Indian IT firm for 2 years. The visa that I applied in 2007 is through a small but well functioning IT consulting firm. I lived in India then but now I am working in Toronto in Canada.
Because of the recession and bad market I couldnt make a move and I didnt get the visa stamped on my passport too after the approval
Since the market is getting better, I plan to get it stamped the coming year as and when I get a job opportunity. Since the initial approval was till 2010 and I never got it stamped, can I still schedule for stamping now or should I go for an entirely new one now. As the visa runs for 6 years, would I be able to use it only till 2013 (6 years from 2007) or once I get it stamped this year (2010) , I can use it till 2016 ?
I heard that embassies scrutinize each case for fraud (although mine is based on real skills and job opportunities) I just want to avoid any issue with the stamping. I rather then go for a new visa if such a risk exists ( to avoid such an investigation or enquiry shadowing future prospects)
If it comes to me applying for a new visa, would I be subject to cap again or am I cap free as I have been counted earlier in 2007 ?
Thanks a ton for your service and pls help me out.
Regards,
Alex
Because of the recession and bad market I couldnt make a move and I didnt get the visa stamped on my passport too after the approval
Since the market is getting better, I plan to get it stamped the coming year as and when I get a job opportunity. Since the initial approval was till 2010 and I never got it stamped, can I still schedule for stamping now or should I go for an entirely new one now. As the visa runs for 6 years, would I be able to use it only till 2013 (6 years from 2007) or once I get it stamped this year (2010) , I can use it till 2016 ?
I heard that embassies scrutinize each case for fraud (although mine is based on real skills and job opportunities) I just want to avoid any issue with the stamping. I rather then go for a new visa if such a risk exists ( to avoid such an investigation or enquiry shadowing future prospects)
If it comes to me applying for a new visa, would I be subject to cap again or am I cap free as I have been counted earlier in 2007 ?
Thanks a ton for your service and pls help me out.
Regards,
Alex
crazyghoda
07-10 10:25 AM
The H1 document in and by itself is not. The I-94 card that comes printed at the bottom is. And the I-94 card is a valid document as per the I-9 form.
more...
PD_Dec2002
06-29 11:34 AM
what is mandatory?.....what happens if a person has to move 6 months after they file I-485.....aint they going to change their address??.....can we use AR-11 to do that?....there is no way I can wait for 4 years at my current place to get my green card in hand.....would appreciate any suggestions
What is mandatory is that you have to provide YOUR address to get the GC. Your friend's address is not YOUR address. If you move after 6 months invoking AC21 or just buy a house down the street, you would need to notify USCIS about YOUR new address so they will send the GC to the new address.
Thanks,
Jayant
What is mandatory is that you have to provide YOUR address to get the GC. Your friend's address is not YOUR address. If you move after 6 months invoking AC21 or just buy a house down the street, you would need to notify USCIS about YOUR new address so they will send the GC to the new address.
Thanks,
Jayant
admin
05-20 08:32 AM
There is so much to read about the happenings around this topic. How are we faring so far? Thank you for all the hard work!
Every day's Senate proceedings appear in our member's only forum - http://immigrationvoice.org/forum/forumdisplay.php?f=14
Every day's Senate proceedings appear in our member's only forum - http://immigrationvoice.org/forum/forumdisplay.php?f=14
goldbuckle
March 15th, 2006, 11:54 PM
:rolleyes: Oh, one more thing, any way to batch process the red-eye????