priti8888
10-01 01:03 PM
This is how PD and RD work.
ASSUME ALL ARE EB3
Mr. A PD JULY 2004 RD MARCH 2005(1)
Mr B PD FEB 2004 RD DECEMBER 2005 (2)
MR C PD JAN 2003 RD JANAURY 2006 (3)
USCIS Processes applications based on RD. After they are processed they are in the "staging area" (pre-adjudicated)
IF ALL visa bulletin DATES ARE "CURRENT" MR A would get GC first
If visa bulletin date has a PD of "May 2003" Mr. C would get GC first
If visa bulletin date has a PD of "MAY 2004 "MR B would get GC first
If visa bulletin date is August 2004 "Mr A would get GC first"
In a summary, when PD is current, people with the earliest RD would get GC first. Your PD HAS to be CURRENT to be eligible for a visa number.
ASSUME ALL ARE EB3
Mr. A PD JULY 2004 RD MARCH 2005(1)
Mr B PD FEB 2004 RD DECEMBER 2005 (2)
MR C PD JAN 2003 RD JANAURY 2006 (3)
USCIS Processes applications based on RD. After they are processed they are in the "staging area" (pre-adjudicated)
IF ALL visa bulletin DATES ARE "CURRENT" MR A would get GC first
If visa bulletin date has a PD of "May 2003" Mr. C would get GC first
If visa bulletin date has a PD of "MAY 2004 "MR B would get GC first
If visa bulletin date is August 2004 "Mr A would get GC first"
In a summary, when PD is current, people with the earliest RD would get GC first. Your PD HAS to be CURRENT to be eligible for a visa number.
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lenbin
10-24 04:29 PM
h1 extension applied on july 14th on oct 19th approval notice sent..
gk_2000
01-26 03:25 PM
Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them
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superdude
07-17 10:41 PM
you are OK
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chapper
11-11 01:26 AM
Please add more data if you find.....
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eb3_nepa
08-14 02:42 PM
to send separate checks so they can generate LIN/SRC numbers against each application.:(
I sent in one cheque for all 6 applications (my wife and myself). I also just called a USCIS rep and he said one check should be fine.
I sent in one cheque for all 6 applications (my wife and myself). I also just called a USCIS rep and he said one check should be fine.
more...
Suvendra
01-11 01:53 PM
I am on EAD and using AC21 working for new employer.
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permfiling
02-09 09:13 AM
I don't think saying "moving back to india" is a good option especially in a small world
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boldm28
08-14 10:51 AM
this is in response to some who say what if India does this and that ...the point is that India will do nothing. In general we have passive leaders and our PM is a great example of that - if it was done against china then immediately there would have retaliation. in some ways it is good if it stops the misuse ...I guess the biggest losers in this are the lawyers - more lawyer shops will close down
you got it dude .. just imagine , we are trying to dictate laws in some other country and blame law makers in the US ( senators , congressmen) , but all this things happen in India , we just accept the fact and move on .. so just accept the fact and move on , we cant do anything about it , as far as politicians are concerned in India , they do what they want classic eg is Kalmadi who has been taking bribes from God know when , you guys know rite
ViTESSE ( maruti dealeship) is own by Kalmadi's . I can go on and on but dont want to clog the forums
you got it dude .. just imagine , we are trying to dictate laws in some other country and blame law makers in the US ( senators , congressmen) , but all this things happen in India , we just accept the fact and move on .. so just accept the fact and move on , we cant do anything about it , as far as politicians are concerned in India , they do what they want classic eg is Kalmadi who has been taking bribes from God know when , you guys know rite
ViTESSE ( maruti dealeship) is own by Kalmadi's . I can go on and on but dont want to clog the forums
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hopein07
03-14 12:29 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.
more...
kondur_007
08-11 09:47 PM
Dear Friends
One of the USCIS IO at NSC told me today that processing date of August 10 2007 for I-485 is nothing but a guess work. She said, in reality the processing date is far behind that. When I said I may have better luck predicting Power Ball numbers, she said that could be very much true than predicting what USCIS does.
Remember, in 2004 then USCIS director along with Bush unveiled a grandose plan in which they said by 2006, they will reduce I-140 petition processing times (for that matter any petition processing time) to 180 days. Four years later, things have became worse. Did anyone take responsibility? No. They give excuses.
For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.
My friend applied in June 2007 and his I-140 got approved in December 2007 when their online processing date shows November 2006. So, they processed a petition that was filed 11 months ahead of their processing time. Great....
My colleague who shares office with me applied in October 2006 and still waiting to hear until today. Service requests did not do any good to him. Infopass is a pass. They all said he need to have patience... (lots of it).
Many many instances like this. Online processing dates or what the customer service tells you doesn't mean a shit.
The only thing that is good about online posting of processing dates is, we can file a service request which in many cases, after secondary request, tend to accelerate your case. You still need luck.
How many of you hear "your case is with in normal processing time"... I have been waiting for 18 months for my I-140... what the hell in the world normal about it? Only USCIS seem to understand it.
In the nutshell, its a funny and most idiotic agency and you cannot predict what it does. Do the same treatment to US Citizens, USCIS will be dragged into courts and torn apart in talk shows. Since we are non-citizens who are suffering, no body cares.
See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.
If you apply for 485, you get finger prints done. After a month, if you apply for EAD, you go again. What? Are your finger prints going to change every one month? What a waste of resources and time? USCIS do these kinds boneheaded things all the time.
Only thing that will get you green card faster is "Luck".
Good luck to all of us.
This is exactly why this is the perfect time to structure our agenda for the upcoming CIR next year and try to introduce it in the bill to streamline this mess for everyone in future.
It is very clear and everyone knows that with current structure and resources, using current procedures, USCIS will never be anywhere close to be "efficient" or even "effective". What is needed is radical change in the procedures and the structure of this agency. I dont think it is the fault of "a person"; the whole system is the problem. I would not be surprised to see a "frustrated" USCIS employee over these inefficiencies.
One of the USCIS IO at NSC told me today that processing date of August 10 2007 for I-485 is nothing but a guess work. She said, in reality the processing date is far behind that. When I said I may have better luck predicting Power Ball numbers, she said that could be very much true than predicting what USCIS does.
Remember, in 2004 then USCIS director along with Bush unveiled a grandose plan in which they said by 2006, they will reduce I-140 petition processing times (for that matter any petition processing time) to 180 days. Four years later, things have became worse. Did anyone take responsibility? No. They give excuses.
For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.
My friend applied in June 2007 and his I-140 got approved in December 2007 when their online processing date shows November 2006. So, they processed a petition that was filed 11 months ahead of their processing time. Great....
My colleague who shares office with me applied in October 2006 and still waiting to hear until today. Service requests did not do any good to him. Infopass is a pass. They all said he need to have patience... (lots of it).
Many many instances like this. Online processing dates or what the customer service tells you doesn't mean a shit.
The only thing that is good about online posting of processing dates is, we can file a service request which in many cases, after secondary request, tend to accelerate your case. You still need luck.
How many of you hear "your case is with in normal processing time"... I have been waiting for 18 months for my I-140... what the hell in the world normal about it? Only USCIS seem to understand it.
In the nutshell, its a funny and most idiotic agency and you cannot predict what it does. Do the same treatment to US Citizens, USCIS will be dragged into courts and torn apart in talk shows. Since we are non-citizens who are suffering, no body cares.
See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.
If you apply for 485, you get finger prints done. After a month, if you apply for EAD, you go again. What? Are your finger prints going to change every one month? What a waste of resources and time? USCIS do these kinds boneheaded things all the time.
Only thing that will get you green card faster is "Luck".
Good luck to all of us.
This is exactly why this is the perfect time to structure our agenda for the upcoming CIR next year and try to introduce it in the bill to streamline this mess for everyone in future.
It is very clear and everyone knows that with current structure and resources, using current procedures, USCIS will never be anywhere close to be "efficient" or even "effective". What is needed is radical change in the procedures and the structure of this agency. I dont think it is the fault of "a person"; the whole system is the problem. I would not be surprised to see a "frustrated" USCIS employee over these inefficiencies.
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Raju
06-13 08:59 AM
I am currently on OPT but it expires in three weeks. I will be forced to go back to F1 status since H1B was real bad this year.
My question is: If I go back to F1 status and then find a research position at a non-profit org/institute of higher education, is it possible for me to file for H1B being on student status??
CAN SOMEONE PLEASE HELP??!!
Yes you can.
My question is: If I go back to F1 status and then find a research position at a non-profit org/institute of higher education, is it possible for me to file for H1B being on student status??
CAN SOMEONE PLEASE HELP??!!
Yes you can.
more...
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fortune50
07-17 10:52 PM
You are OK. This is taken from the 485 instructions.
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
what does this mean ? did I file to wrong Service Center?:(
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
what does this mean ? did I file to wrong Service Center?:(
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senthil1
06-11 10:47 PM
1. Legally speaking he has to leave immeditely. But INS is not inhuman in those cases. If he finds a job within a few weeks he should be ok unless his previous company cancels H1b.
2. At least he has to get some H1B before his previous company cancels H1b. for transfering H1b.
3. If his previous company does not cancel H1b he can stay some time may be 1 or 2 months(But he will be out of status not overstay). If his company cancels H1b then that will be overstay then he has to leave the country. Best thing is find a consulting company and file H1b transfer before previous company cancels H1b. If that is not possible he can switch to F1 if he gets admission in University.
4. Recent paystub is needed to transfer H1b. If recent paystub is not there then it is INS dicretion to give H1b transfer
Those answers may not be accurate but may give some idea
Hi,
One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.
Few questions about his H1B visa.
1. How many days can he legally stay in the US before he finds one more job gets new H1B.
2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?
3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?
4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?
I would really appreciate if anyone can please help me with this questions.
Thank you very much!
2. At least he has to get some H1B before his previous company cancels H1b. for transfering H1b.
3. If his previous company does not cancel H1b he can stay some time may be 1 or 2 months(But he will be out of status not overstay). If his company cancels H1b then that will be overstay then he has to leave the country. Best thing is find a consulting company and file H1b transfer before previous company cancels H1b. If that is not possible he can switch to F1 if he gets admission in University.
4. Recent paystub is needed to transfer H1b. If recent paystub is not there then it is INS dicretion to give H1b transfer
Those answers may not be accurate but may give some idea
Hi,
One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.
Few questions about his H1B visa.
1. How many days can he legally stay in the US before he finds one more job gets new H1B.
2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?
3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?
4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?
I would really appreciate if anyone can please help me with this questions.
Thank you very much!
more...
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sanjayc
05-27 08:45 PM
Can you please help, if there are some instructions handy. I am having difficulty for following fields
1. Manner of Last Entry : I think it should be PAR:PAROLEE
2. Current Immigration Status : Again think should be PAR:PAROLEE
3. There is a field where it asks for previous EAD's. I am not sure of the date when i applied last time, what date i should put, the date from which EAD is valid ?
4. Also i have applied for EAD twice, do we need to put the information for both of them.
5. Other Names/Aliases : I think it should be 'None' in my case as i never had any other name, am i right or should it be left blank.
6. for Eligibility status i think the value should be : (c)(9) FILED I-485
I am in EB2, pririty date Aug 2006. last entry to US Jan 2010 using Advance Parole.
Thanks and appreciate your help.
1. Manner of Last Entry : I think it should be PAR:PAROLEE
2. Current Immigration Status : Again think should be PAR:PAROLEE
3. There is a field where it asks for previous EAD's. I am not sure of the date when i applied last time, what date i should put, the date from which EAD is valid ?
4. Also i have applied for EAD twice, do we need to put the information for both of them.
5. Other Names/Aliases : I think it should be 'None' in my case as i never had any other name, am i right or should it be left blank.
6. for Eligibility status i think the value should be : (c)(9) FILED I-485
I am in EB2, pririty date Aug 2006. last entry to US Jan 2010 using Advance Parole.
Thanks and appreciate your help.
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n2b
07-13 02:04 PM
SUIT OR NO SUIT, BUT
The question is, how will this rally look and feel different from illegal immigrant rally?
The question is, how will this rally look and feel different from illegal immigrant rally?
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fuzzy logic
07-01 12:47 PM
I am in the same situation currently.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
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pappu
08-29 08:35 AM
how about contributing money to IV? that will help more than stirring up a hornet's nest about boycotts etc.
as far as powerful messages go, what more powerful message can there be than having a bill or two passed that can help us. with the necessary support from its members, I am confident that IV can deliver.
each individual member can help us in any capacity. It is a combination of everybody's effort (and not just IV core team) that enables us to succeed in our mission.
---------
As an individual, please try to spread the word of immigration voice amongst the friends you know. Larger numerical membership strength will be very positive for us when we meet lawmakers and media.
-------------
Please try to post IV posters in your local grocery stores, temples and restaurants. One poster is in 'resources section' and the other one that I posted is in a thread called- ideas to increase publicity of IV. http://immigrationvoice.org/forum/showthread.php?t=694
------------
please contribute and also urge people you know to contribute towards IV. The antiimmigration forces are spending a lot of money to block our efforts and we have to lobby harder to get our provisions through.
--------------
as far as powerful messages go, what more powerful message can there be than having a bill or two passed that can help us. with the necessary support from its members, I am confident that IV can deliver.
each individual member can help us in any capacity. It is a combination of everybody's effort (and not just IV core team) that enables us to succeed in our mission.
---------
As an individual, please try to spread the word of immigration voice amongst the friends you know. Larger numerical membership strength will be very positive for us when we meet lawmakers and media.
-------------
Please try to post IV posters in your local grocery stores, temples and restaurants. One poster is in 'resources section' and the other one that I posted is in a thread called- ideas to increase publicity of IV. http://immigrationvoice.org/forum/showthread.php?t=694
------------
please contribute and also urge people you know to contribute towards IV. The antiimmigration forces are spending a lot of money to block our efforts and we have to lobby harder to get our provisions through.
--------------
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aristotle
01-31 01:48 PM
Where?
Let me explain in a bit more detail..
Suppose you have an approved I140 from company A and got the 3 year H1 extension because of it. Now you transfer to Company B and got the full 3 years of H1 transferred. And Company A revoked your I140 after you left.
You cannot transfer to Company C at this point as there is no approved I140 to support your transfer. You cannot extend your H1 with Company B unless
A) your labor has been pending for more than a year OR
B) your I140 is approved
One your I140 is approved with Company B, you are in a good position again.
Crystal?
aren't u contradicting urself?
Let me explain in a bit more detail..
Suppose you have an approved I140 from company A and got the 3 year H1 extension because of it. Now you transfer to Company B and got the full 3 years of H1 transferred. And Company A revoked your I140 after you left.
You cannot transfer to Company C at this point as there is no approved I140 to support your transfer. You cannot extend your H1 with Company B unless
A) your labor has been pending for more than a year OR
B) your I140 is approved
One your I140 is approved with Company B, you are in a good position again.
Crystal?
aren't u contradicting urself?
andycool
04-23 02:49 PM
I am employeed in IT consultancy, and wants to change my employement as a permenent employee of the client.
When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below
Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.
Below is what is in the contract between my Employeer and Client.
1. This agreement is for the sole purposes of providing the services of the Contractor’s employee XXX to (Client).
2. Contractor will be an independent contractor of Company and will work on a Client assignment.
3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
4. All time and expenses should be entered into client’s system and should be approved by the concerned manager or project manager.
5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
6. Contractor shall be solely responsible for the quality of work performed.
7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
9. Contractor reserves the right to offer consultant’s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
11. This agreement is subject to the laws of the State of Texas.
12. Either party can terminate this contract by giving 2 week’s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.
Can any one tell if there is any possibility of that
I think your Employer is trying to scare you ...:)
When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below
Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.
Below is what is in the contract between my Employeer and Client.
1. This agreement is for the sole purposes of providing the services of the Contractor’s employee XXX to (Client).
2. Contractor will be an independent contractor of Company and will work on a Client assignment.
3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
4. All time and expenses should be entered into client’s system and should be approved by the concerned manager or project manager.
5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
6. Contractor shall be solely responsible for the quality of work performed.
7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
9. Contractor reserves the right to offer consultant’s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
11. This agreement is subject to the laws of the State of Texas.
12. Either party can terminate this contract by giving 2 week’s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.
Can any one tell if there is any possibility of that
I think your Employer is trying to scare you ...:)
pd_recapturing
08-22 05:07 PM
I sent u another PM, pls respond whenever u get a chance.
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