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greatguy

02-16 11:42 AM

I know 485 cannot be filed without PD being current. Can one do consular processing without being dependent on PDS:p

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bo12b

11-26 03:46 PM

Bumping this one more time. I am sure some of you have explored this possibility. Please respond.
bo12b

Hello all,

My 6 year H1B is ending on May 21, 2009. I am eligible to file for a 3 year extension since my 140 is approved and I485 has been filed in Aug 2007. However, my current job situation is pretty shaky and I could be laid off anytime. I have an EAD but would like to continue my H1 because my priority date is Jan 2007 (EB3 India)...i.e. a long GC wait. I have been told by my current employer's attorney that I can start the process of extension 6 months prior to current H1B expiring.

But given my job situation, I was thinking of looking for employment with another employer as soon as possible. Will the new employer be able to file for my H1 transfer AND H1 extension at the same time?
OR
Will they have to file for a transfer first (valid from date of switching to May 21, 2009), then wait for approval and then file for the 3 year extension??

I tried looking around for my question but could not find good thread for answer. Please let me know your views and/or point me to a good source for this information.

Thanks
Bo12b

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nhfirefighter13

July 9th, 2004, 06:37 PM

Nik,

I had to live with a 70-300 Sigma that was f/3.5-5.6 for a long time. While I made do for sports and motorsports type stuff, my world opened up when I upgraded to a fixed f/2.8 zoom. Hold off a bit, if needed, and get a faster lens. You'll be much happier.

If you're mostly going to be doing landscapes and whatnot, the slower lens will work just fine.

Unconscionable and dishonored action [Archive] - Immigration Voice

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dish

03-23 11:46 AM

Is the talent bill already introduced in the senate ?

TALENT Bill
A bill to Keep America Innovative �Through the Advancement of Legal and Educated New Talent�
H-1B and Nonimmigrant Visa System:
� Exempts U.S. Educated Knowledge (USEK) workers with advanced degrees from the H-1B cap. (�101)
� Restores H-1B1 visa numbers to the overall cap. (�201)
� Creates a market-based H-1B cap where unused visas fall forward annually. (�201)
� Establishes a �W� visa for professionals as a first step to permanent residence that permits entry or change of status to the new nonimmigrant category under the condition that the employer files a labor certification or immigrant petition within 18 months of initial admission. (�201)
� Eliminates 214(b) for certain non-immigrants. (�203)
� Extends foreign students� post curricular OPT to 24 months. (�203)
Employment-based Immigrant Visa System:
� Revises the current EB-1, EB-2, EB-3 and EB-4 worker preference categories, exempting an expanded EB-1 group from the EB cap, including USEK workers who have earned an advanced degree. Additionally, exempts the expanded EB-1 group from the requirement of labor attestation. (�102)
� Subjects the revised EB-2 and EB-3 group of workers to the annual cap and either labor attestation without recruitment or labor attestation with recruitment. (�102)
� Subjects the revised EB-4 group of workers to the annual cap and labor certification. (�102)
(OR in the alternative)
� Exempts USEK workers with advanced degrees from the EB cap. (�102)
� Exempts USEK workers with advanced degrees from the labor certification requirement. Recognizes that American employers need to hire the best-qualified personnel, and not just �minimally qualified� labor, to remain competitive. (�102)
(AND)
� Creates a market-based EB cap where unused visas fall forward annually, and exempts EB-1s, while eliminating per-country quotas. (�202)
� Includes reconciliation language that allows those pending in the EB backlogs to file for an immigrant petition, without regard to the EB cap. Such an adjustment of status application could not be approved until a visa became available. (�102)
� Exempts EB immigrant spouses and children from the cap. (�202)
Additional �Band-Aids�:
� Requires a pre-certification processing system for petitions. (�301)
� Enforces AC21 30 day and six-month processing times. (�301)
� Extends L-1 status in one-year increments for those caught in the EB backlogs. (�302)
� Provides for continued work authorization and travel upon a timely filing of a renewal application to extend authorization for 240 days. (�303)
� Permits work authorization for spouses of specialty occupation (H-1B) professionals. (�201)

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permfiling

08-13 05:47 PM

permfiling,

A lot folks want to use AC21 but lawyers suggest not actually filing AC21.

So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?

I believe this is the tack Company B lawyer is suggesting.

Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.

Thanks,
I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn

2. Title indicates same job
3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,

I think you can go ahead and file the 485 but dont explicitly mention AC21.

I hope we all in the same boat should try out and see ..

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ApVish

09-16 03:25 PM

I would say don't put too much emphasis on these kind of stories, if the CIR bill is not going to be worked on then why did the senator schedule this meeting ? just for fun ?!

http://judiciary.senate.gov/hearings/hearing.cfm?id=4057

I am not optimistic that something will come out real soon, but at the same time, I think something will definitely happen, at least the piece meal approach

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JDM

11-27 10:46 PM

Happened to me too. No Idea what does this means

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vvicky72

09-12 09:12 AM

If you are the owner of this site, pls post information how people should report any breaking of law.

Thanks for posing IV link on your homepage.

I am in the process of enhancing the content on my website. I will keep this on the top of my list.

Thanks.

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h1techSlave

01-05 05:37 PM

Yeah, I agree with you there that the actual number of successful porting may be miniscule. Plus it takes a lot of time to complete all the steps to successfully get the coveted EB2 status. And even when an EB3 person gets the EB2 status, USCIS/DOS may not release the EB3 visa originally allocated to him or they may release it after a year or so.

End result, they can just copy paste data for EB3 India. One less thing to do for the data entry operators.

i woudl think the actual number porting is miniscule...

but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:

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jsb

09-07 09:26 AM

Hi:
...
Can someone help me on the procedure how to withdraw my second application and also not lose money from the checks on the second application. ...
Gopi

Are you more worried about losing money, or any other negative repercussions? Money? it is not significant in the overall picture.

Did you say in your second application that you were doing so because your checks on original application may be bad?

In any case, USCIS system should not allow to accept an application the second time.

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immi_enthu

08-10 04:26 PM

your attorney or employer (whoever filed it) will get the approval notice.

wont the company receive a courtesy copy even if attroney files it ?

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sam_hoosier

12-17 01:35 PM

my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced

Yours is a pretty tricky situation, and I doubt that there are many members who have been in similar situations or would have an accurate answer for you. Probably best to talk to an attorney.

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snathan

03-24 11:46 AM

Even I am in the current situation. Please call me 6166342617 so we can discuss or email
[email]anand622@yahoo.com I have spoken to a couple lawyers so we can exchange options

Why dont you share your attoney's input here...It will be very useful for others in the same situatuion.

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sobers

02-16 04:11 PM

This story below just goes to show that if smart scientists and engineers are not available here (because of low skilled immigation and the decepit STEM education), then jobs will continue to be outsourced to where the job can be done. Not only does the U.S. lose brainpower, it loses significant tax revenue which would otherwise have been available if the jobs were located in the U.S. And then, not only do skilled immigrants bring their skills to work for America, they also help build the local economy (home/auto, other capital investments, etc besides local/state/county taxes...).

-------------

NEW YORK TIMES

By STEVE LOHR
Published: February 16, 2006
The globalization of work tends to start from the bottom up. The first jobs to be moved abroad are typically simple assembly tasks, followed by manufacturing, and later, skilled work like computer programming. At the end of this progression is the work done by scientists and engineers in research and development laboratories.

Skip to next paragraph
Report From Ewing Marion Kauffman Foundation A new study that will be presented today to the National Academies, the nation's leading advisory groups on science and technology, suggests that more and more research work at corporations will be sent to fast-growing economies with strong education systems, like China and India.

In a survey of more than 200 multinational corporations on their research center decisions, 38 percent said they planned to "change substantially" the worldwide distribution of their research and development work over the next three years � with the booming markets of China and India, and their world-class scientists, attracting the greatest increase in projects.

Whether placing research centers in their home countries or overseas, the study said, companies often use similar criteria. The quality of scientists and engineers and their proximity to research centers are crucial.

The study contended that lower labor costs in emerging markets are not the major reason for hiring researchers overseas, though they are a consideration. Tax incentives do not matter much, it said.

Instead, the report found that multinational corporations were global shoppers for talent. The companies want to nurture close links with leading universities in emerging markets to work with professors and to hire promising graduates.

"The story comes through loud and clear in the data," said Marie Thursby, an author of the study and a professor at Georgia Tech's college of management. "You have to have an environment that fosters the development of a high-quality work force and productive collaboration between corporations and universities if America wants to maintain a competitive advantage in research and development."

The multinationals, representing 15 industries, were from the United States and Western Europe. The authors said there was no statistically significant difference between the American and European companies.

Dow Chemical is one company that plans to invest heavily in new research and development centers in China and India. It is building a research center in Shanghai, which will employ 600 technical workers when it is completed next year. Dow is also finishing plans for a large installation in India, said William F. Banholzer, Dow's chief technology officer.

Today, the company employs 5,700 scientists worldwide, about 4,000 of them in the United States and Canada, and most of the rest in Europe. But the moves overseas will alter that. "There will be a major shift for us," Mr. Banholzer said.

The swift economic growth in China and India, he said, is part of the appeal because products and processes often have to be tailored for local conditions. The rising skill of the scientists abroad is another reason. "There are so many smart people over there," Mr. Banholzer said. "There is no monopoly on brains, and none on education either."

Such views were echoed by other senior technology executives, whose companies are increasing their research employment abroad. "We go with the flow, to find the best minds we can anywhere in the world," said Nicholas M. Donofrio, executive vice president for technology and innovation at I.B.M., which first set up research labs in India and China in the 1990's. The company is announcing today that it is opening a software and services lab in Bangalore, India.

At Hewlett-Packard, which opened an Indian lab in 2002 and is starting one in China, Richard H. Lampman, senior vice president for research, points to the spread of innovation around the world. "If your company is going to be a global leader, you have to understand what's going on in the rest of the world," he said.

The globalization of research investment, industry executives and academics argued, need not harm the United States. In research, as in economics, they said, growth abroad does not mean stagnation at home � and typically the benefits outweigh the costs.

Still, more companies in the survey said they planned to decrease research and development employment in the United States and Europe than planned to increase employment.

In numerical terms, scientists and engineers in research labs represent a relatively small part of the national work force. Like the debate about offshore outsourcing in general, the trend, which may point to a loss of competitiveness, is more significant than the quantity of jobs involved.

The American executives who are planning to send work abroad express concern about what they regard as an incipient erosion of scientific prowess in this country, pointing to the lagging math and science proficiency of American high school students and the reluctance of some college graduates to pursue careers in science and engineering.

"For a company, the reality is that we have a lot of options," Mr. Banholzer of Dow Chemical said. "But my personal worry is that an educated, innovative science and engineering work force is vital to the economy. If that slips, it is going to hurt the United States in the long run."

Some university administrators see the same trend. "This is part of an incredible tectonic shift that is occurring," said A. Richard Newton, dean of the college of engineering at the University of California, Berkeley, "and we've got to think about this more profoundly than we have in the past. Berkeley and other leading American universities, he said, are now competing in a global market for talent. His strategy is to become an aggressive acquirer. He is trying to get Tsinghua University in Beijing and some leading technical universities in India to set up satellite schools linked to Berkeley. The university has 90 acres in Richmond, Calif., that he thinks would be an ideal site.

"I want to get them here, make Berkeley the intellectual hub of the planet, and they won't leave," said Mr. Newton, who emigrated from Australia 25 years ago.

The corporate research survey was financed by the Ewing Marion Kauffman Foundation, which supports studies on innovation. It was designed and written by Ms. Thursby, who is also a research associate of the National Bureau of Economic Research, and her husband, Jerry Thursby, who is chairman of the economics department at Emory University in Atlanta.

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belmontboy

07-14 09:33 PM

When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?

hmm... and here i am wondering for last 10 years "why cannot i reuse stamps "

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arc

10-29 12:49 PM

walked in had to wait an hour, lot of people turned down, I just hung in and was the last candidate!

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scubadude

May 27th, 2005, 09:04 AM

The background are the bleachers, and the white blob in the upper right is the white T-shirt on another spectator.

I see what you mean, though. It will give me some things to play with as I continue to explore Photoshop.

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neelu

03-30 10:50 AM

People who want to contribute money will always do. You may get a few people to donate because of the "Donor" status, but most I feel want to contribute because they care.

Please allow me to turn around that question and pose it back to you - so how do we keep and attract people to volunteer (for all the wonderful things that I mentioned in my post)?

All I am saying is that this approach could hurt more than it may help.

So what do you suggest as the alternate to get the needed fund...?

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sadhumis

08-26 06:13 PM

Hi folks,

Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.

Your help is greatly appreciated.

Many thanks in advance

leo4ever

02-16 10:33 AM

Why waste time of such hypothetical issues when we can put this effort in something prodcutive. "Divide and Rule" never works.

Always "united we Stand" - hum hai Hindustani.

-Leo

kiru_99

10-31 11:34 AM

It was rejected on Sep 22nd. Lawyer got the letter long back. But he didn't get back to me infact he didn't know about rejection untill I called USCIS & found out the issue & informed him. I think he miss placed my rejection letter. He took 1000$ more from me for giving fast service.
These lawyers play with our lives.
Is your case accepted now??

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