Adam
08-26 11:10 AM
That one looks perfect gundark.
agreed, very nice :thumb:
redelite, I like your angry one :) Reminds me of my wife :D
agreed, very nice :thumb:
redelite, I like your angry one :) Reminds me of my wife :D
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immigrationmatters30
06-04 07:54 AM
1- how will be the process and how much are the fees?
--You employer should handle this. You do not have to pay for anything. Paying for H1B fees is illegal and you should be avoid employers asking you to pay for H1B fees.
2- How long does it take?
Depends on how your employer files. If the employer files in premium processing, you should know the status in 15 days(assuming they don�t ask for any other documentation)
3- Do I have to go back to my home country to get the new stamp for extension?
After your extension is approved you can stay and work in US but if you travel outside of the country then you need to get VISA stamping.
4- Is there any way to renew it in USA?
No
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
-Not really.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
You should get your originals back. Next time you go for stamping they will ask for original, duplicates will not be entertained.
7- Is there anything else that my employer and I should know and consider?
You- Make sure you have real paying job in US with your employer.
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
--You employer should handle this. You do not have to pay for anything. Paying for H1B fees is illegal and you should be avoid employers asking you to pay for H1B fees.
2- How long does it take?
Depends on how your employer files. If the employer files in premium processing, you should know the status in 15 days(assuming they don�t ask for any other documentation)
3- Do I have to go back to my home country to get the new stamp for extension?
After your extension is approved you can stay and work in US but if you travel outside of the country then you need to get VISA stamping.
4- Is there any way to renew it in USA?
No
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
-Not really.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
You should get your originals back. Next time you go for stamping they will ask for original, duplicates will not be entertained.
7- Is there anything else that my employer and I should know and consider?
You- Make sure you have real paying job in US with your employer.
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
smiledentist
06-14 06:33 PM
Any more advices please
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gopinathan
03-29 05:02 PM
your case seems to be completed before Jan 29th 2010 deadline. from my understanding, all new applications after that date should go through a central (federal) PWD and that system is taking its sweet time..
my application from a big company was filed recently. same process issues but they completed the prevailing wage issue just before the deadline.
ksvreg - if you are looking for the new timelines, I don't know about those either..
...My PWD was filed in the first week of Jan and it took about 3 weeks to get a response back it seems, ..
my application from a big company was filed recently. same process issues but they completed the prevailing wage issue just before the deadline.
ksvreg - if you are looking for the new timelines, I don't know about those either..
...My PWD was filed in the first week of Jan and it took about 3 weeks to get a response back it seems, ..
more...
peer123
04-17 09:59 AM
How did you find what job code your labor was applied for?
it is on the approved labor certificate, that my lawyer gave me
it is on the approved labor certificate, that my lawyer gave me
greyhair
09-18 08:25 AM
thread starter is saying it will make dates current....how is this possible with the same amount of spillover?
Family based is also heavily backlogged. How can there be flow of thousands of unused visas in Family Based for flow to Employment Based? Even in Family based there are categories 1, 2A, 2B, 3 and 4. The visas will first flow from top to bottom in Family Based. Wouldn't all the categories have to be current before any visas flow to Employment based? I read somewhere that the employment based backlog size is 800,000 applications. :confused: Let's say even if there is a small number of visa flow from Family Based to Employment Based, how can a small number of visa flow from Family Based to employment based backlog be sufficient to approve 800,000 applications?
Family based is also heavily backlogged. How can there be flow of thousands of unused visas in Family Based for flow to Employment Based? Even in Family based there are categories 1, 2A, 2B, 3 and 4. The visas will first flow from top to bottom in Family Based. Wouldn't all the categories have to be current before any visas flow to Employment based? I read somewhere that the employment based backlog size is 800,000 applications. :confused: Let's say even if there is a small number of visa flow from Family Based to Employment Based, how can a small number of visa flow from Family Based to employment based backlog be sufficient to approve 800,000 applications?
more...
dingudi
05-08 08:42 AM
I had all my records for vaccinations. But a friend of mine completed 3 vaccinations last july 2007. The civil surgeon put the dates for these on the form. For others the civil surgeon did the same thing , that he checked the "not appropriate age" but did not write anything like "child record not found" under the dates.He just left it blank. Also he checked the "eligible for waiver" in the field below. I am sure lot of cases are similar to yours.
I met with the Civil Surgeon who completed my I-693, today. It seems like USCIS did some mistake. He checked the sealed envelope and didn't understand why USCIS generated a RFE for this. We completed all our required vaccination back in June-July 07 when we did our medicals .
We did the 3 vaccination that are required , Td, MMR and Varicella. The Dr put the dates for these vaccination in the I 693 supplement form. For all other vaccine he put the 'child record not found' under the dates and checked under the column 'Not appropiate age'. I also checked that all other vaccine are not required since we crossed that age. USCIS has problem with the 'Child record not found' written under the dates. The Dr said that he has been filling this form in this manner for last 15 yrs and never had any problem with USCIS. This is the first time he is getting this kind of RFE. He said he will talk to the USCIS.
Its very difficult to get the records for those vaccination. Does anyone has any idea about how other Doctors handle this ?
With this situation I wanted to know what are the options we have ? Dr said that it might take one week to get the reply from them. Since there is time boundation to send the reply I m little worried what we can do about this.
Please suggest how we can handle the Medical RFE ?
I met with the Civil Surgeon who completed my I-693, today. It seems like USCIS did some mistake. He checked the sealed envelope and didn't understand why USCIS generated a RFE for this. We completed all our required vaccination back in June-July 07 when we did our medicals .
We did the 3 vaccination that are required , Td, MMR and Varicella. The Dr put the dates for these vaccination in the I 693 supplement form. For all other vaccine he put the 'child record not found' under the dates and checked under the column 'Not appropiate age'. I also checked that all other vaccine are not required since we crossed that age. USCIS has problem with the 'Child record not found' written under the dates. The Dr said that he has been filling this form in this manner for last 15 yrs and never had any problem with USCIS. This is the first time he is getting this kind of RFE. He said he will talk to the USCIS.
Its very difficult to get the records for those vaccination. Does anyone has any idea about how other Doctors handle this ?
With this situation I wanted to know what are the options we have ? Dr said that it might take one week to get the reply from them. Since there is time boundation to send the reply I m little worried what we can do about this.
Please suggest how we can handle the Medical RFE ?
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kumar1
12-26 12:48 PM
Context is very important here. IRS has its own rules, USCIS has got its own and then universities have their own set of rules. I have had a lot of fight with university to get in-state tution fee on H-4 visa. So please explain your context and I can shed some more light on this topic (based on my own experience).
more...
syzygy
07-11 05:58 PM
I will distribute flyers in Indian stores in Hayward/Foster city area. Will definately be there on Saturday with at least one friend (I am new in area)
Lets rock the bay !
Please help people, this is our next action item after the flower campaign.
Spend less time discussing who to send flowers to next, and more helping on the immediate task at hand!
I challenge you!
:D
Lets rock the bay !
Please help people, this is our next action item after the flower campaign.
Spend less time discussing who to send flowers to next, and more helping on the immediate task at hand!
I challenge you!
:D
hair Kids Mask Bear with Plush,
alisa
08-03 10:45 AM
I am starting this thread for people who are still waiting for their I-140 approvals.
There is a thread about the delay in I-140 approvals at TSC. However, from what I can tell by looking at data, NSC is worse than TSC.
The processing dates suggest that NSC is looking at March 2007 I-140 applications. But thats what they have been saying for the last three months.
In December 07, the processing dates for NSC EB3 were at January 2007.
In July 2008, the processing dates (NSC, EB3) are at March 2007.
We are witnessing the birth of another 'backlog elimination center.' This must be pointed out, so that there is a chance that this could be stopped.
There is a thread about the delay in I-140 approvals at TSC. However, from what I can tell by looking at data, NSC is worse than TSC.
The processing dates suggest that NSC is looking at March 2007 I-140 applications. But thats what they have been saying for the last three months.
In December 07, the processing dates for NSC EB3 were at January 2007.
In July 2008, the processing dates (NSC, EB3) are at March 2007.
We are witnessing the birth of another 'backlog elimination center.' This must be pointed out, so that there is a chance that this could be stopped.
more...
Catherine
06-23 09:40 AM
Thanks for your thoughts. Unfortunately the marriage was the basis of my green card and I was divorced before being married for two years and, therefore, before applying jointly with my (ex-)husband for the conditions on that card to be removed.
The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:
"Divorce Before Green Card Issued
Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.
However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.
If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.
But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
Applying for a Waiver
The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:
* Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
* Extreme hardship to the immigrant spouse if deported.
* Extreme cruelty and abuse from the U.S. citizen spouse.
Waivers often require an interview of the immigrant spouse to get approval."
The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:
"Divorce Before Green Card Issued
Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.
However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.
If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.
But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
Applying for a Waiver
The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:
* Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
* Extreme hardship to the immigrant spouse if deported.
* Extreme cruelty and abuse from the U.S. citizen spouse.
Waivers often require an interview of the immigrant spouse to get approval."
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amitjoey
04-16 04:05 PM
Yes! I am guessing you can get a refund. Ask for a refund. Why NOT?
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kubmilegaGC
09-14 06:58 PM
When you add things up = total 34 responses still waiting...this looks like a low number - anyone else care to vote - so that we try to figure this out on our own??
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grupak
11-09 12:33 PM
Have analytical and writing (mostly scientific research journal type) skills. Would be glad to help where I can.
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Imm_Exploited
07-23 02:15 AM
rdehar,
I cannot agree with you more. The God-damn Labor Sub was the one of the main causes for the torturous retrogression of EB-based PDs.
Some one correct me if I am wrong; the majority of members on these forums are from India and no one can convince me that this GC wait is NOT absurd.
If the US is benefited from the skilled employees from India and they are not scared of these highly skilled personnel from overtaking the white Americans, starting their own businesses and demanding more moolah for their skills, they would have opened up the GC gates long back.
Free Market My Foot!! If the US did not have me as a bonded slave (read H1B + pending EB status) since last six years, I would have been a millionaire here like any other high school graduate could be. The laws for immigrants here are more stringent than those that are prevalent in communist China.
And one last thing, please nobody advise me to go back home because I am here in the US since it is worse in India. This is a nation of immigrants, and we all should sustain and reiterate it, time and again.
Sincerely - IE
I cannot agree with you more. The God-damn Labor Sub was the one of the main causes for the torturous retrogression of EB-based PDs.
Some one correct me if I am wrong; the majority of members on these forums are from India and no one can convince me that this GC wait is NOT absurd.
If the US is benefited from the skilled employees from India and they are not scared of these highly skilled personnel from overtaking the white Americans, starting their own businesses and demanding more moolah for their skills, they would have opened up the GC gates long back.
Free Market My Foot!! If the US did not have me as a bonded slave (read H1B + pending EB status) since last six years, I would have been a millionaire here like any other high school graduate could be. The laws for immigrants here are more stringent than those that are prevalent in communist China.
And one last thing, please nobody advise me to go back home because I am here in the US since it is worse in India. This is a nation of immigrants, and we all should sustain and reiterate it, time and again.
Sincerely - IE
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pkv
02-08 08:17 PM
Thanks all of you for your responses.
But I'm still not clear about one thing... which center I should file EAD application with?
I'm in California, My I-140 was approved by Texas service center.
I-485 was filed with Nebraska but transfered to texas service center.
Now my I-485 is pending with Texas service center.
Thanks again...
But I'm still not clear about one thing... which center I should file EAD application with?
I'm in California, My I-140 was approved by Texas service center.
I-485 was filed with Nebraska but transfered to texas service center.
Now my I-485 is pending with Texas service center.
Thanks again...
more...
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Berkeleybee
02-05 09:28 PM
All,
My point in putting up that post was to make people aware that just the existence of the present PACE bill doesn't get us anywhere.
This issue will be run like a political campaign -- i.e. just like in a political campaign, the other side has a relatively rapid response team that has one job and one job only -- to shoot down, discredit points made by our side on a day to day basis. We and others will hopefully build a coalition that does the same, i.e. responds to these points in the media in a calm, rational,speedy way. We cannot ignore the other side -- that is practically suicide.
My point was not for us to start venting in this forum. Once we start coordinating activities with other groups and our lobbying firm, we can start to pass on any rational, statistics based responses that any of our members come up with.
I feel that calling people names, even the other side, doesn't help. Save that for your buddies or for a non-public forum.
best,
Berkeleybee
My point in putting up that post was to make people aware that just the existence of the present PACE bill doesn't get us anywhere.
This issue will be run like a political campaign -- i.e. just like in a political campaign, the other side has a relatively rapid response team that has one job and one job only -- to shoot down, discredit points made by our side on a day to day basis. We and others will hopefully build a coalition that does the same, i.e. responds to these points in the media in a calm, rational,speedy way. We cannot ignore the other side -- that is practically suicide.
My point was not for us to start venting in this forum. Once we start coordinating activities with other groups and our lobbying firm, we can start to pass on any rational, statistics based responses that any of our members come up with.
I feel that calling people names, even the other side, doesn't help. Save that for your buddies or for a non-public forum.
best,
Berkeleybee
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gman
07-29 02:55 PM
What is your exact job description in labor? I had similar delimma and I took paid consultation and as per the lawyrer, This transition falls into the catagory of "Similar" job so no problem however the biggest IF is your job description in Labor.
Are you looking for specific language? How was similar defined from your attorney?
Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:
SYSTEMS ANALYST
JOB DESCRIPTION:
Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.
JOB REQUIREMENTS:
1. Bachelor's degree in Computer Science.
2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.
The new job is: Director of Software Development
• Execute the company’s technology architecture and strategy.
• Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
• Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
• Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
• Support the division’s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
• Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
• Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
• Travel approximately 25% of the time to both in-country and international destinations.
• Perform other duties as assigned by the VP of Software Development
Are you looking for specific language? How was similar defined from your attorney?
Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:
SYSTEMS ANALYST
JOB DESCRIPTION:
Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.
JOB REQUIREMENTS:
1. Bachelor's degree in Computer Science.
2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.
The new job is: Director of Software Development
• Execute the company’s technology architecture and strategy.
• Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
• Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
• Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
• Support the division’s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
• Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
• Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
• Travel approximately 25% of the time to both in-country and international destinations.
• Perform other duties as assigned by the VP of Software Development
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gcdreamer05
01-17 12:27 PM
great glad to know your problem was solved.
Hey man thanks for coming back and positing the solution and that useful info for others.:)
Hey man thanks for coming back and positing the solution and that useful info for others.:)
gc_dedo
03-30 04:42 PM
I am not really sure why this really makes a difference. My perm was approved in EB3 in about 7 months but if I have to wait 30 years to get a GC what difference does it make ?!?
It makes a difference for people who are porting from EB3 to EB2
It makes a difference for people who are porting from EB3 to EB2
greenerpastures
07-20 03:09 PM
I have a few questions and much thanks for those who answer.
1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
I heard that people who have held H1-B's in the past do not come under the cap. Is this true?
2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?
Thanks,
Much worried.
MScapbust,
You are exempt from the H1B cap if you have/had H1B visa in 2002 for some time and have been staying in US legally till now. If you have been out of US for more than a year, then you are counted against the H1B cap. But, I assume you were on F1 during the past few years and never stayed out of US for more than a year. So, you should be eligible for 6 years H1B minus the time you were on H1 during 2002 (even though adv degree cap gets filled). I would suggest you to talk to an immigration attorney or the attorneys/HR of the company that you might be joining in August.
Good luck
1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
I heard that people who have held H1-B's in the past do not come under the cap. Is this true?
2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?
Thanks,
Much worried.
MScapbust,
You are exempt from the H1B cap if you have/had H1B visa in 2002 for some time and have been staying in US legally till now. If you have been out of US for more than a year, then you are counted against the H1B cap. But, I assume you were on F1 during the past few years and never stayed out of US for more than a year. So, you should be eligible for 6 years H1B minus the time you were on H1 during 2002 (even though adv degree cap gets filled). I would suggest you to talk to an immigration attorney or the attorneys/HR of the company that you might be joining in August.
Good luck
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