Sachin_Stock
09-03 01:21 PM
Other EB2 threads have so much rejoicing going on, that we Eb3 folks are virtually left out as orphans!:mad:
stucklabor
02-24 05:21 PM
Please take a look at page 249. If I understand it correctly, it mentions that the quota for EB1 goes from 28.6% of EB visas to 15%, EB2 goes from 28.6% to 15% and EB3 goes from 28.6% to 35%
That means they WILL create a new category of EB visas since they have to utilize these extra visas somewhere!
Am I reading it right?
I believe that the visas made by cannibalizing EB1 and EB2 will go to the EB unskilled worker category. It would be terrible if the quota is not increased, if advanced degree+3 year people are still subject to the quota, but if the visas are reallocated.
That means they WILL create a new category of EB visas since they have to utilize these extra visas somewhere!
Am I reading it right?
I believe that the visas made by cannibalizing EB1 and EB2 will go to the EB unskilled worker category. It would be terrible if the quota is not increased, if advanced degree+3 year people are still subject to the quota, but if the visas are reallocated.
kumarr
06-12 09:28 PM
We applied on July 2nd during July 2007 VB fiasco.
I just received the following email from CRIS regarding my son's AOS I-485 application:
-------------------------------------------------------------------------------------------------------
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Request for Additional Evidence Sent
On June 12, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.
--------------------------------------------------------------------------------------------------------
I am not sure what it is, still waiting for the mail to arrive in next few days.
I am wondering if this has something to do with my son turning 14 years yesterday (i.e. June 11th). Is there any kind of RFE sent for this type of situation?
Please advise.
Thank you for your help.
I just received the following email from CRIS regarding my son's AOS I-485 application:
-------------------------------------------------------------------------------------------------------
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Request for Additional Evidence Sent
On June 12, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.
--------------------------------------------------------------------------------------------------------
I am not sure what it is, still waiting for the mail to arrive in next few days.
I am wondering if this has something to do with my son turning 14 years yesterday (i.e. June 11th). Is there any kind of RFE sent for this type of situation?
Please advise.
Thank you for your help.
chaks7
12-07 03:19 PM
For filing 485 you need the PD to be current. For Consular Processing (CP), dates need not be current. You indicate that you want your application to be processed with CP option and the Consulate (in this case, Consulate in India) will schedule the interview when you are dates are current. You can check with a lawyer how you can abandon 485 and switch to CP. But make sure you are knowledgeable with the necessary facts/information as CP can be a long wait if you are in EB3-I category. You may lose the benefits of 485 when July 2007 fiasco happened where you were able to file 485 and the dates retrogressed and meanwhile you can still enjoy EAD and AP for travelling. This option will not be there if you choose CP.
more...
raysaikat
07-10 08:50 PM
Hello,
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
immique
06-30 01:43 AM
I am having a little difficulty understanding this. If you are not so sure about approval in EB3 category how do you plan to apply in EB2 category? Moreover what makes you think that your EB3 I-140 may be denied? Even if it is a Labor substitution case if your application is strong, you should not have any issues. Your employer must support your EB2 application otherwise it is not possible.
more...
ksach
03-07 04:43 PM
In my experience, it is not required if your are still within the expiry date on the previous stamping and the previous stamping was for a H1-B. You just need to show the latest 797 ( h1-b approval) . I have used this feature many times, and have even changed two employers in between. Never had a problem, except once while coming back from Canada. The immigration officer was new and hence went and asked her superior who said it is no problem. I was let thru with not problems after that. I never had a problem in SFO, thru which i travel frequently.
I think i saw a FAQ for this on murthy.com . check that site as well.
In the end, I am not an attorney, so dont legally hold me to my response. consult your attorney.
I think i saw a FAQ for this on murthy.com . check that site as well.
In the end, I am not an attorney, so dont legally hold me to my response. consult your attorney.
transpass
08-27 02:02 PM
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
It's against the law not to provide CIS your new address within 10 days (?) of your move. FYI, it is mandatory even after you get GC...
It's against the law not to provide CIS your new address within 10 days (?) of your move. FYI, it is mandatory even after you get GC...
more...
logiclife
01-26 04:21 PM
Also mention the points mentioned here by myself and Walden Pond. These are the apprehensions that many desis and chinese H1Bs have about raising their voice.
There is nothing unethical or illegal going on in here. Please use these talking points to clear any fears or apprehensions that newcomers have about participating in something so basic and 100% legal and moral.
Remember, we have a moral high ground when compared to illegals. And even illegals are not afraid as much as some of us are initially when thinking about volunteering or contributing. WE ARE LEGALS.
And also remember one thing...silent observation from your cubicle is not going to help. DO NOT THINK for one second that silence is going to be rewarded. With silence, nothing will happen. Situation might worsen. By raising your voice there may be benefit but it might not hurt you. STAND UP. Raise your head about your CUBICLE and SPEAK UP. Speak with either with your keystrokes on the forums or with your wallet. Silence is NOT GOLDEN here and frankly...its in a democracy and on matters of public policy SILENCE SUCKS.
--logiclife.
There is nothing unethical or illegal going on in here. Please use these talking points to clear any fears or apprehensions that newcomers have about participating in something so basic and 100% legal and moral.
Remember, we have a moral high ground when compared to illegals. And even illegals are not afraid as much as some of us are initially when thinking about volunteering or contributing. WE ARE LEGALS.
And also remember one thing...silent observation from your cubicle is not going to help. DO NOT THINK for one second that silence is going to be rewarded. With silence, nothing will happen. Situation might worsen. By raising your voice there may be benefit but it might not hurt you. STAND UP. Raise your head about your CUBICLE and SPEAK UP. Speak with either with your keystrokes on the forums or with your wallet. Silence is NOT GOLDEN here and frankly...its in a democracy and on matters of public policy SILENCE SUCKS.
--logiclife.
4move
10-12 07:29 PM
I had my restamping done at Mumbai consulate 2 weeks back. They only asked me about the salary and what physical location I am working. I had taken last 3 salary slips with me, but not used at all. Make sure H4 interview is at right category if restamping H4. VFS folks did not allow my wife to go to interview since her H4 stamp on passport was expired more than 12 months, even though she has I529 approval for the period after that. One more thing with Mumbai consulate is you have to hand deliver all your paper work atleast 5 working days in advance. They do not accept via currier or other means.
more...
cdeneo
04-03 02:48 PM
Anyone who applied and got a canadian tourist visa based on AP please share their experience ... Thanks!
Ramba
03-28 01:46 PM
The Advance degree + 3 years of experience on H1B are not just a matter of fact formulation from the senators. It�s an effort to revert back to the 60�s through 80�s formula where the only way to immigrate to the US (at least for Engineers) was to pursue a master�s degree in the US and then adjust their status to a PR. There is a growing demand from academic institutions to revive this culture. America wants people to study here, specialize in evolving technologies and drive the technological innovation. Every day we see posts on this forum of folks wanting to include laws and regulations to fix the situation that they are in. We need to have a unified front with a common goal. May be we should learn from the �less educated� Latino community. They probably do not have the internet media to rally support but boy did they have their voice heard with ONE COMMON AGENDA.
I agree with you. All the peoples want to fix the problem currently they are in. We should have a comman, broad sense goal.
I agree with you. All the peoples want to fix the problem currently they are in. We should have a comman, broad sense goal.
more...
simple1
10-12 03:26 AM
Troll Alert. Avoid sympathising every one on the forum. Anti immigrants create fake stories for their media bosses.
vnanjunda
07-16 12:27 PM
No Problems at Dullas Airport, I weant to india twice with AP they never asked about my employer.
more...
Browndog
February 20th, 2005, 07:43 AM
if it's any help i have a 2nd hand Sigma APO macro 70-300mm. like NikNikon i found the D70 kit lens much sharper generally, but the sigma when stopped sown to f8 or f9 at 300mm seems to be sufficiently clear enough and really helps for picking out faces in crowds etc. i recently went to a chinease new year festival and the extra reach of the lens blew me away. i could get full frame shots of the dragon mask even though i was stood further back in the crowd. being stopped down thoough i find if the light is less than ideal i need a very fast ISO to keep the shutter speed up. hope that helps :-)
gc_lover
07-02 09:52 AM
I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
Door opens both ways in and OUT!
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
Door opens both ways in and OUT!
more...
rajeev_74
12-02 12:52 AM
Are you EB3?
GCnightmare
08-28 05:33 AM
I have an apporved I/140 and RD of I/485 in May 2007 under EB3. The PD is april 01 which is unavailable per current VB. My H1 is expiring in Jan 08 (9th yr extn.) Should I get my H1 extended and also can I do it myself? Kindly advise if I go for premium processing for H1 extn., can I get it extended for 3 yrs? Any related link for extn. be appreciated. Thanks
looneytunezez
03-08 01:15 PM
Congrats............
sanan
06-04 08:15 AM
PD July 2002
no update yet! Although I know atleast one person on another forum got an email on day 1 (June 1st) that his was approved! That sucked for him coz he didn't get any time to file for his wife!:(
no update yet! Although I know atleast one person on another forum got an email on day 1 (June 1st) that his was approved! That sucked for him coz he didn't get any time to file for his wife!:(
gcdreamer05
01-03 09:32 AM
Folks the solution is simple,
If you believe your wife is not interested in future employment atleast for the next 2 years then do not renew your EAD. (I say 2 yrs because EAD is given now for 2 yrs).
If you have stamping on her passport for h4 then no need for AP.
If the stamping on her passport for h4 has expired then apply for AP (since you can show AP and come back and still be on h4). This appln for AP has to be done atleast 3 months before you need it (consider processing time).
If your wife decides she has to start working then apply for EAD like 4-6 months before preferred emp start date.
I do not have EAD (but eligible to apply for one), still on h1b, visa expired have just AP, so if I need to go back to home land ill show AP and come back and still be on h1, hope this answers all your questions.
If you believe your wife is not interested in future employment atleast for the next 2 years then do not renew your EAD. (I say 2 yrs because EAD is given now for 2 yrs).
If you have stamping on her passport for h4 then no need for AP.
If the stamping on her passport for h4 has expired then apply for AP (since you can show AP and come back and still be on h4). This appln for AP has to be done atleast 3 months before you need it (consider processing time).
If your wife decides she has to start working then apply for EAD like 4-6 months before preferred emp start date.
I do not have EAD (but eligible to apply for one), still on h1b, visa expired have just AP, so if I need to go back to home land ill show AP and come back and still be on h1, hope this answers all your questions.
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