arihant
05-23 06:54 AM
As many of you have been following, there are some provisions that benefit folks with advanced degree in STEM from US universities by exempting them from the Visa quota. I think CIR in its current form has a provision and the Cornyn (4005) and the Brownback (4058) ammendments that are yet to be introduced also have some such provisions.
My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.
Any thoughts or comments?
My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.
Any thoughts or comments?
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talash
04-25 03:15 PM
I 140 denaie d.please help to start new thread
drona
07-08 08:00 PM
Can we please not insult anyone who is working for our cause. We need all the support we can get. Can we please be more productive in this forum.
Om Mathew is obviously a publicity freak, now he has his picture on his website. I think he wants people to look at his picture and admire him
Om Mathew is obviously a publicity freak, now he has his picture on his website. I think he wants people to look at his picture and admire him
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h1b_holder
03-15 11:20 PM
can someone please give me some advices about this situation?
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
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thepaew
10-24 04:42 PM
Took me six months. Applied in March .. Received in August
Hi guys,
My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
a) is it possible to transfer now?
b) how long will the transfer take?
Thanks a lot for your advice/information :)
Hi guys,
My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
a) is it possible to transfer now?
b) how long will the transfer take?
Thanks a lot for your advice/information :)
gc_wannabe
06-16 11:05 PM
Hi- When I started off with the green card process, I had not idea about what most of the things meant. I joined a very reputable Fortune 500 company in 2006 (the same year I came to the US on a H1B), and started my GC process in 2007. The company offered me an pre-approved labor with a 2006 PD, which had a matching requirement w.r.t job description and salary.
During July 2007, i filed for my I-140 and I-485. Subsequently, my I-140 got approved without any issues. Now, given that my priority date is close to being current (2/14/2006), I'm afraid if using a pre-approved labor will have any role to play with my I-485 approval.
And no, I'm not working for a consultant. And I have been with the same employer since 2006.
Please don't start off with the jumping the queue argument. When I used the labor substitution, it was perfectly legal, and didn't even know what a priority date is :-)
Thanks.
During July 2007, i filed for my I-140 and I-485. Subsequently, my I-140 got approved without any issues. Now, given that my priority date is close to being current (2/14/2006), I'm afraid if using a pre-approved labor will have any role to play with my I-485 approval.
And no, I'm not working for a consultant. And I have been with the same employer since 2006.
Please don't start off with the jumping the queue argument. When I used the labor substitution, it was perfectly legal, and didn't even know what a priority date is :-)
Thanks.
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gc_peshwa
09-22 09:59 PM
Pappu
Is there an IV action item defined for defeating this bill? Why has this been posted? Just curios....
Is there an IV action item defined for defeating this bill? Why has this been posted? Just curios....
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yabadaba
07-14 08:35 AM
this probably the best info out there. There is industry pressure, bi partisan support, approval from the senate. just a matter of time.
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glus
08-01 10:18 AM
My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
Put her status as H4. She is in H4 until October 2007 (assuming you asked for change of status and change of status was also approved.) No, she will not loose her H1, as H1 is a "dual intent" visa.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
Put her status as H4. She is in H4 until October 2007 (assuming you asked for change of status and change of status was also approved.) No, she will not loose her H1, as H1 is a "dual intent" visa.
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wellwishergc
06-13 03:33 PM
I agree with Raydhan!!
Forget the visa bulletin, GCs, etc for a month and enjoy your team crushing every other team for the next one month.
Go Brazil!!!:) Go Ronaldinho, Ronaldo, Roberto, Kaka!!!
camberiu,
Let's forget about the visa numbers. My P.D. is Jan'02 (EB3-India :( )and I am not expecting any movement significant movement for the next 4-6 months.
Atleast you can expect some good news in the World Cup on July 9th. Hope to see Cafu lift Brazil's 6th Cup.
You better log off and watch Brazil-Croatia in 10 minutes.
Forget the visa bulletin, GCs, etc for a month and enjoy your team crushing every other team for the next one month.
Go Brazil!!!:) Go Ronaldinho, Ronaldo, Roberto, Kaka!!!
camberiu,
Let's forget about the visa numbers. My P.D. is Jan'02 (EB3-India :( )and I am not expecting any movement significant movement for the next 4-6 months.
Atleast you can expect some good news in the World Cup on July 9th. Hope to see Cafu lift Brazil's 6th Cup.
You better log off and watch Brazil-Croatia in 10 minutes.
more...
amitjoey
03-18 04:24 PM
Hello
I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.
I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.
I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.
Thanks
Raghu
My I140 has been pending for a long time too, without any reason. So finally after many service requests, I have talked to one of the senators of my state. I have explained the situation, ofcourse used the opportunity to highlight IV and EB immigrants problems and then talked about my specific case. There is a routine paperwork that my senators office has that they use to get authorisation from individuals like us to pursue the case with the USCIS. I have filled that paperwork and the request to look into my case. I have a strong notion that it is going to work. The senators office had looked into an earlier case for me with success where I needed to obtain a pending AP in a hurry. I have my own labor (NO Substitute)
I have no idea what the deal is with the H1- Why it was denied.
I suggest you talk to your senator's office.
I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.
I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.
I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.
Thanks
Raghu
My I140 has been pending for a long time too, without any reason. So finally after many service requests, I have talked to one of the senators of my state. I have explained the situation, ofcourse used the opportunity to highlight IV and EB immigrants problems and then talked about my specific case. There is a routine paperwork that my senators office has that they use to get authorisation from individuals like us to pursue the case with the USCIS. I have filled that paperwork and the request to look into my case. I have a strong notion that it is going to work. The senators office had looked into an earlier case for me with success where I needed to obtain a pending AP in a hurry. I have my own labor (NO Substitute)
I have no idea what the deal is with the H1- Why it was denied.
I suggest you talk to your senator's office.
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starving_dog
06-13 01:17 PM
Was that 2007 you were referring to?
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posmd
04-13 10:54 AM
Sessions ammendment was for the previous SJC bill, which is dead right? I thought the basis of future bills is the Hagel Martinez compromise. Rest assured if it is, then the numbersusa agent in the senate Sessions will put that obstacle as an ammendment again, and since Dems already agreed it in SJC, it will probably take hold.
If I recollect it was 3 months for a review of the impact, then 3 months after that for implementation.
I am getting a little nervous about the CIR though. Not in the sense that it will be done or it won't. I just feel the USCIS will screw up its implementation very badly, and might end up causing our potential 3 yr waits to turn into 5-10 yr waits along with all these law breakers. We are already seeing the effect of 245i cases right now and that is a fraction of this tidal wave of illegals wanting legalisation.
In that sense a breakdown of CIR with some other resolution for our problem with PACE or TALENT might not be such a bad idea. It is like the old addage, be careful what you wish for.........!
If I recollect it was 3 months for a review of the impact, then 3 months after that for implementation.
I am getting a little nervous about the CIR though. Not in the sense that it will be done or it won't. I just feel the USCIS will screw up its implementation very badly, and might end up causing our potential 3 yr waits to turn into 5-10 yr waits along with all these law breakers. We are already seeing the effect of 245i cases right now and that is a fraction of this tidal wave of illegals wanting legalisation.
In that sense a breakdown of CIR with some other resolution for our problem with PACE or TALENT might not be such a bad idea. It is like the old addage, be careful what you wish for.........!
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when
02-29 10:23 AM
The online status shows a date Sept, but my app was received in July. Is that normal?
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chanduv23
03-14 12:58 PM
Don't ignore Dubai. It is a boom town and will give red carpet welcome to your wife because she is a US trained doc. I know of a few Indian docs who were on J1 visa and never got waiver jobs went to work in Dubai instead because with US degree they can practise there without any major issues. Dubai is good for IT folks too with the internet city. You may want to google and find more about Dubai's requirements.
hopein07 - thanks a ton again
Thats news. We recently had a layover in Dubai when we flew emirates and Dubai seems to be an exciting place.
Any idea about Australia?
hopein07 - thanks a ton again
Thats news. We recently had a layover in Dubai when we flew emirates and Dubai seems to be an exciting place.
Any idea about Australia?
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gc_chahiye
12-07 04:48 PM
... Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count
nope. My own manager in my previous company got his GC done in EB1. He is not a VP or anything, just a project manager! Some reports here, some in the india office + a nice case prepared by a top lawfirm and you can be all set.
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count
nope. My own manager in my previous company got his GC done in EB1. He is not a VP or anything, just a project manager! Some reports here, some in the india office + a nice case prepared by a top lawfirm and you can be all set.
more...
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kookoo
08-03 07:18 PM
Thanks
I will speak to my current and Ex-Employer let see what happens.
I hope I can get that letter back.
I will speak to my current and Ex-Employer let see what happens.
I hope I can get that letter back.
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obelix
03-02 06:54 PM
Regarding "New Scenario - Seeking second opinion"
Couple of things to consider...
1) You need to be present in US at time of applying for the extension and when its approved. In your case I think with travel coming up in June, you probably need to go premium so you have approval in hand my April end. Regular processing takes about 2-3 months I think.
2) You can only go 90 days in advance of your new/extended approval as far as I know. So you need to see if that matches when you plan to go for stamping.
If in similar situation I would probably do what you are planning. It adds some anxiety with both wedding and consulate visit at same time, but once past that it will make life little easier.
Thanks Jvs.
I would definitely go for Premium as regular doesn't make any sense for me. It has very unpredictable time-line and also when the new H1B filing opens on 1st April.
I was not aware of 90days visa stamping rule. I'll look into this further and check with local consulate in India.
I agree - it's pain when one is going to one of the most important change of the i.e. marriage. But, I think life would be lot easier once one get these things done together. I think it can help a lot in planning things and reduce few uncertainties.
I've already started working on docs. and hopefully I'll submit in the first week of April.
Thanks for your input again. I really appreciate.
Couple of things to consider...
1) You need to be present in US at time of applying for the extension and when its approved. In your case I think with travel coming up in June, you probably need to go premium so you have approval in hand my April end. Regular processing takes about 2-3 months I think.
2) You can only go 90 days in advance of your new/extended approval as far as I know. So you need to see if that matches when you plan to go for stamping.
If in similar situation I would probably do what you are planning. It adds some anxiety with both wedding and consulate visit at same time, but once past that it will make life little easier.
Thanks Jvs.
I would definitely go for Premium as regular doesn't make any sense for me. It has very unpredictable time-line and also when the new H1B filing opens on 1st April.
I was not aware of 90days visa stamping rule. I'll look into this further and check with local consulate in India.
I agree - it's pain when one is going to one of the most important change of the i.e. marriage. But, I think life would be lot easier once one get these things done together. I think it can help a lot in planning things and reduce few uncertainties.
I've already started working on docs. and hopefully I'll submit in the first week of April.
Thanks for your input again. I really appreciate.
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apnair2002
05-14 08:15 PM
I will support IV even i have Gc .GO IV.
bestofall
07-31 03:41 PM
is any one interested for Coor pool / Charter Bus for DC rally ?
May be we should work on that way ..
If any one ..pls PM me
May be we should work on that way ..
If any one ..pls PM me
nda050325
07-16 06:27 PM
I am not sure why the previous employer is required to provide a response to the RFE. It is the current employer (or the petitioner) who should respond to the RFE.
Can you provide more details on the RFE ?
Can you provide more details on the RFE ?
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