nixstor
02-23 02:14 PM
my case was recieved Dec 07. (H1B extension)
The website says they're processing Dec 21
However checking my case status, it still says received and pending
How come?
The processing times are just a rough estimate. Most of the times H4 extensions are approved along with H1 extensions. There is a 1 month difference between these two. I think it might got to do some thing it as well. Call USCIS and ask them. There might not be a better response but sometimes you get lucky and talk to a Immigration officer.
The website says they're processing Dec 21
However checking my case status, it still says received and pending
How come?
The processing times are just a rough estimate. Most of the times H4 extensions are approved along with H1 extensions. There is a 1 month difference between these two. I think it might got to do some thing it as well. Call USCIS and ask them. There might not be a better response but sometimes you get lucky and talk to a Immigration officer.
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dealsnet
07-24 12:44 PM
If your appeal for I-140 & I-485 in process, you are legal, and if you have unexpired EAD, you can work.
If you have H1 renewed (less than 6 years) you can work irrespective of I-485 appeal result. If you are more than 6 years in H1B, you have to go back, if your appeal (MTR) is denied. (more than 6 years of extension is based on approved I-140)
WHAT IS YOUR LAWYER'S OPINION ???
I have question Need Urgent reply
I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial
my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.
If you have H1 renewed (less than 6 years) you can work irrespective of I-485 appeal result. If you are more than 6 years in H1B, you have to go back, if your appeal (MTR) is denied. (more than 6 years of extension is based on approved I-140)
WHAT IS YOUR LAWYER'S OPINION ???
I have question Need Urgent reply
I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial
my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.
Siddharta
09-26 12:48 AM
YES YES YES - go ahead screw your smalltime employer
You made my day. Thanks so much. :):):):):):):)
I don't understand why people are right now so worried about priority date retrogression. If you have passed 180 days after I140 approval, go ahead, change your job and incase your 485 gets denied, reapply with new employer, with new new job description, using old PD and get GC soon as your priority date will be current. Am I missing something?
There is no way I am going to spend 6-7 years in the same job with the same title(maybe even same company).
You made my day. Thanks so much. :):):):):):):)
I don't understand why people are right now so worried about priority date retrogression. If you have passed 180 days after I140 approval, go ahead, change your job and incase your 485 gets denied, reapply with new employer, with new new job description, using old PD and get GC soon as your priority date will be current. Am I missing something?
There is no way I am going to spend 6-7 years in the same job with the same title(maybe even same company).
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satyasaich
06-12 10:29 AM
Severance package includes all benefits including health care. As per the law no can be paid full salary with deductions being made for Medicare and social security, if there is no valid status. My friends have gone through this stage in Big5, they can NOT cancel H1B until the last day of severance package validity.
Also remember that by law, employer has to arrange a one way ticket to the departing employee (not to the family members) to his/her foreign country and show it in record that they made all arrangements to send away the employee so that there is no overstay or illegal stay after severance package.
I have seen this happening so many times
If employee choses a different option to stay legally, that's up to the employee
If an employer fires an employee and continues to give severance pay for a couple of months, do they usually cancel H1B immediately or wait for the period of severance pay before cancelling H1B?
Also remember that by law, employer has to arrange a one way ticket to the departing employee (not to the family members) to his/her foreign country and show it in record that they made all arrangements to send away the employee so that there is no overstay or illegal stay after severance package.
I have seen this happening so many times
If employee choses a different option to stay legally, that's up to the employee
If an employer fires an employee and continues to give severance pay for a couple of months, do they usually cancel H1B immediately or wait for the period of severance pay before cancelling H1B?
more...
avi101
04-12 04:41 PM
I don't think the flaw is with Labor substitution per se. The problem is with the assignment of labor's original priority date to the new substituted alien.
An individual gets attached to the labor at the I140 stage, and thats the date they should use for substituted labor applications. This along with Perm's (ideal) processing times would make labor substitution insignificant.
Source:
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
From above Source:
---------------------
DATES: Interested persons are invited to submit written comments on the
proposed rule on or before April 14, 2006.
ADDRESSES: You may submit comments, identified by Regulatory
Information Number (RIN) 1205-AB42, by any of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the Web site instructions for submitting comments.
E-mail: Comments may be submitted by e-mail to
fraud.comments@dol.gov. Include RIN 1205-AB42 in the subject line of
the message.
An individual gets attached to the labor at the I140 stage, and thats the date they should use for substituted labor applications. This along with Perm's (ideal) processing times would make labor substitution insignificant.
Source:
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
From above Source:
---------------------
DATES: Interested persons are invited to submit written comments on the
proposed rule on or before April 14, 2006.
ADDRESSES: You may submit comments, identified by Regulatory
Information Number (RIN) 1205-AB42, by any of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the Web site instructions for submitting comments.
E-mail: Comments may be submitted by e-mail to
fraud.comments@dol.gov. Include RIN 1205-AB42 in the subject line of
the message.
FUNTIMES
08-25 02:17 PM
I am still waiting.
more...
morchu
05-21 12:45 AM
H1 doesn't get invalidated on a 485 rejection, even if it was approved beyond 6 year based on the pending 485. You just may not be eligible for another extension.
if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.
if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.
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gc_on_demand
10-14 05:56 PM
Sakthisagar & RSM144 many thanks for posting, the spring document has a target date of Oct 2010, I believe there is a chance of this happening sometime with the fee increase, they will have a fee for this. Hope this rule comes into play it is good news for us.
Teddy
Is there any source on any site which gives idea that they are thinking of it. Since we have close to 800 members who joined for filling 485 when date is not current we can ask IV core to make this campaign officially and push for this one. Even we know 800 are not a good strength still it may help if govt is willing
Teddy
Is there any source on any site which gives idea that they are thinking of it. Since we have close to 800 members who joined for filling 485 when date is not current we can ask IV core to make this campaign officially and push for this one. Even we know 800 are not a good strength still it may help if govt is willing
more...
alterego
12-10 07:00 PM
I wonder how it is they justify over 70K visas to EB2ROW, keeping it current all year, when EB2 I was so retrogressed and got only 15K. FIFO my foot. This is the most mismanaged, subjective thing I have ever seen. Translated for us, luck of the draw.
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vbkris77
12-27 02:29 PM
So many bills are introduced but most don't even see day of light.. I personally don't see this ever passing the congress.. For most treaty countries this feature is already available and its called E1/E2 visa.. There is no limit on number of people and number years for visa.
Hope some of you might have seen the Wall Street Journal story this weekend on visas/Green Cards for owners of start-up businesses. (Foreign Entrepreneurs Eye StartUp Visa Act - WSJ.com (http://online.wsj.com/article_email/SB10001424052748704694004576020001550357580-lMyQjAxMTAwMDIwNTEyNDUyWj.html) )
According to the story there is broad consensus for a program to offer green card to foreign nationals who can bring in as low as $100,000 to start a new business in U.S. While this may not be an option for most of the folks in this forum, the premise of the proposed law has something in common with all of us.
The law is proposed by senators John Kerry (D) and Richard Lugar (R) on the principle that immigrants are more willing to be entrepreneurial and hence offering permanent residency to foreigners who will open a small business will increase the employment opportunities in U.S. Endorsing the entrepreneurial mind of new immigrants WSJ sights that; �Immigrants are nearly 30% more likely to start a business than non-immigrants � and �about a third of Silicon Valley technology firms were started by Indian or Chinese entrepreneurs� . If the proposed bill is attempting to attract skilled and entrepreneurial minded immigrants into U.S. as a means to increase employment why not U.S. look into the pool of highly skilled and eager folks waiting for a green card for many years? Wouldn�t these folks be highly likely to open a new small business than someone from outside of the U.S. with no U.S. business background? If we are to take cues from the one third of the Silicon Valley entrepreneurs wouldn�t a good number of these people waiting for green card open up the starts up businesses that senators Kerry and Lugar are hoping to .
Would it be worth writing on behalf of Immigration Voice to senators Kerry and Lugar to consider the pool of potential entrepreneurs minded people already in U.S. and have been waiting for an opportunity to realize their entrepreneurial dreams? I don�t have the actual numbers. Aren�t there about 30 or 40,000 people who have been in U.S. with an approved immigration petition but waiting for a green card for many years? Could IV put forward a win-win propositions for everyone?
Hope some of you might have seen the Wall Street Journal story this weekend on visas/Green Cards for owners of start-up businesses. (Foreign Entrepreneurs Eye StartUp Visa Act - WSJ.com (http://online.wsj.com/article_email/SB10001424052748704694004576020001550357580-lMyQjAxMTAwMDIwNTEyNDUyWj.html) )
According to the story there is broad consensus for a program to offer green card to foreign nationals who can bring in as low as $100,000 to start a new business in U.S. While this may not be an option for most of the folks in this forum, the premise of the proposed law has something in common with all of us.
The law is proposed by senators John Kerry (D) and Richard Lugar (R) on the principle that immigrants are more willing to be entrepreneurial and hence offering permanent residency to foreigners who will open a small business will increase the employment opportunities in U.S. Endorsing the entrepreneurial mind of new immigrants WSJ sights that; �Immigrants are nearly 30% more likely to start a business than non-immigrants � and �about a third of Silicon Valley technology firms were started by Indian or Chinese entrepreneurs� . If the proposed bill is attempting to attract skilled and entrepreneurial minded immigrants into U.S. as a means to increase employment why not U.S. look into the pool of highly skilled and eager folks waiting for a green card for many years? Wouldn�t these folks be highly likely to open a new small business than someone from outside of the U.S. with no U.S. business background? If we are to take cues from the one third of the Silicon Valley entrepreneurs wouldn�t a good number of these people waiting for green card open up the starts up businesses that senators Kerry and Lugar are hoping to .
Would it be worth writing on behalf of Immigration Voice to senators Kerry and Lugar to consider the pool of potential entrepreneurs minded people already in U.S. and have been waiting for an opportunity to realize their entrepreneurial dreams? I don�t have the actual numbers. Aren�t there about 30 or 40,000 people who have been in U.S. with an approved immigration petition but waiting for a green card for many years? Could IV put forward a win-win propositions for everyone?
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Mahatma
08-15 09:56 AM
Welcome VDL Rao and continue to bless us through your wisdom.
Sorry if somebody offended you knowingly or unknowingly.
The best parameter of your recognition is: so many people wait to hear your words.
Please make it a routene to enlighten us at leat every 15 days about your take on USCIS affairs.
I am pledging to double my recurring contribution for next 3 years.
Regards.
Sorry if somebody offended you knowingly or unknowingly.
The best parameter of your recognition is: so many people wait to hear your words.
Please make it a routene to enlighten us at leat every 15 days about your take on USCIS affairs.
I am pledging to double my recurring contribution for next 3 years.
Regards.
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LostInGCProcess
09-18 04:25 PM
If I work little less than 40 hrs will it be considered as part time? Can I use EAD at that time ?
NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.
NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.
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vicks_don
11-15 12:30 PM
1. I hold an Indian passport
2. My H-1B stamp expired and so is my I-94
3. I have a valid I-797 till 2008.
4. I have a Canadian PR and yet to land.
I tried nvars.com and found none in Nov and Decemeber
CORRECT ME IF I AM WRONG...IF I94 IS EXPIRED DOES IT NOT MEAN U R OUT OF STATUS. SHOULD YOU NOT RENEW I94 BASED ON I797 ?
2. My H-1B stamp expired and so is my I-94
3. I have a valid I-797 till 2008.
4. I have a Canadian PR and yet to land.
I tried nvars.com and found none in Nov and Decemeber
CORRECT ME IF I AM WRONG...IF I94 IS EXPIRED DOES IT NOT MEAN U R OUT OF STATUS. SHOULD YOU NOT RENEW I94 BASED ON I797 ?
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2BeeNot2Bee
10-13 10:08 PM
How about spiderman style? Undies outside
you mean Superman or Spiderman?:D
you mean Superman or Spiderman?:D
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rjgleason
May 23rd, 2005, 02:41 PM
I like them all Gary, but agree with Chris about the cloning out that bright white rock , or whatever it is, in the first one. Also, unless you've been there before, it's difficult to capture the enormity of those rocks. The footpath catches my eye in the second photo which gives some perspective on where you are positioned. It looks like you are a quite a bit above and working your way down to the path. The 3rd pic looks like a crop? of the upper-center of the 2nd pic? And lastly, can I apply for a job where you work so I can travel too!
QJ: I thought we were going to Exmor??
QJ: I thought we were going to Exmor??
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jediknight
01-20 11:12 AM
Short pass plays
WEST COAST OFFENSE OVERVIEW (http://www.westcoastoffense.com/overview.htm)
Obama needs to stop Congress from doing the big comprehensive things and focus them on smaller and faster laws that help americans.
The current healthcare, climate change, immigration reform should be broken up in dozens of smaller bills. They will either pass or he can paint the republicans as siding with the Insurance companies to block access to healthcare for people with pre-existing conditions for example.
There are lots of parts in Healthcare, Energy, CIS, etc, that can pass right now and he should take a lead on that. Otherwise the base that voted for him in 2008 is not going to turn up in 2010.
- JZ
WEST COAST OFFENSE OVERVIEW (http://www.westcoastoffense.com/overview.htm)
Obama needs to stop Congress from doing the big comprehensive things and focus them on smaller and faster laws that help americans.
The current healthcare, climate change, immigration reform should be broken up in dozens of smaller bills. They will either pass or he can paint the republicans as siding with the Insurance companies to block access to healthcare for people with pre-existing conditions for example.
There are lots of parts in Healthcare, Energy, CIS, etc, that can pass right now and he should take a lead on that. Otherwise the base that voted for him in 2008 is not going to turn up in 2010.
- JZ
more...
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10dulkar
12-25 10:00 PM
I just receive the best Christmas gift I could ever ask for?? My name check and background check is clear after 2 years.....Now I'm receive my GC so I can start traveling......All my interview was approve so now they are (order card)....Enjoy ur Holiday.......
were delaying his GC. He/She/It/Them/They need to take English Test............. and many of them..................
were delaying his GC. He/She/It/Them/They need to take English Test............. and many of them..................
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sanjay02
07-24 02:49 PM
Hi
I am July 2007 filer my PD Nov 2005, I had a interview on Feb 2009 after interview , the Immigration office gave me a letter, which says the following
"Your case has been continued for the unavailability of VISA"
Does it mean once the PD goes to Dec 2005 I will get my GC? Would I have to do anything from my end like going to local USCIS office?
I am July 2007 filer my PD Nov 2005, I had a interview on Feb 2009 after interview , the Immigration office gave me a letter, which says the following
"Your case has been continued for the unavailability of VISA"
Does it mean once the PD goes to Dec 2005 I will get my GC? Would I have to do anything from my end like going to local USCIS office?
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new2gc
06-25 11:18 AM
Colbert, Immigrant Farm Workers Challenge Pundits And Unemployed To 'Take Our Jobs' (http://www.huffingtonpost.com/2010/06/24/colbert-immigrant-farm-wo_n_624875.html?ir=Politics)
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. http://www.takeourjobs.org
Good one..........may be they should host a reality show on TV as well to challenge/show what they do for living and what these politicians are blaming them for....
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. http://www.takeourjobs.org
Good one..........may be they should host a reality show on TV as well to challenge/show what they do for living and what these politicians are blaming them for....
h1bemployee
02-26 10:41 AM
When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?
10 days back My employer called me and asked provide some more documents , so that they can appeal to USCIS....
I was working on getting those documents, I was in constant touch with my employer...
two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl
What is your current LCA salary vs. original LCA Salary?
10 days back My employer called me and asked provide some more documents , so that they can appeal to USCIS....
I was working on getting those documents, I was in constant touch with my employer...
two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl
texcan
09-10 10:15 AM
Nothing surprising here. I have yet to hear about one desi employer who has not exploited H1b. The system is set up to favor the employer. Employees hardly have a choice. Those in favor of increasing the quota should also lobby for complete portability without any penalty to keep the system fair.
Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07
Friends,
I must say, not all employers exploit people on H1b.
My take is it depends on the business ethics of company owner.
I have been with my current employer since last 6 years, no problems. Some of my friends have mentioned great things about their employers as well.
In all with stories heard, it will be good idea to create a rating or forum of such employers. let people vent off some steam and may warn others from getting into issues.
Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07
Friends,
I must say, not all employers exploit people on H1b.
My take is it depends on the business ethics of company owner.
I have been with my current employer since last 6 years, no problems. Some of my friends have mentioned great things about their employers as well.
In all with stories heard, it will be good idea to create a rating or forum of such employers. let people vent off some steam and may warn others from getting into issues.
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