rameshvaid
03-19 06:13 PM
I went to US Consulate Montreal Canada yesterday and they held back my passport, Copy of LC, Originals of my I 485 and H1/H4. They told me your company is too small 7-8 employees and need to search the company. I had my H1/H4's got stamped in Toronto in 2005 without any problem.
My I 140 is approved in June 06, Submitted I 485 in June/July 07 got EAD Cards in Oct.-07. I also got my 3 years H1/H4 approvals on Jan-18th, 08.
Any idea how much time they are going to check the status of the company? Does the size of the company really matters? I am paid regularily and my company is a real estate investment firm, due to recent recession the profit of the company is low as compared to previous years. Will this make any difference. I am EB 3 with priority date July 30th, 2003.
Any advise?? Has some one been in the same situation. My older son is in college and has exams on Monday? Any thoughts/suggestions.
RV
My I 140 is approved in June 06, Submitted I 485 in June/July 07 got EAD Cards in Oct.-07. I also got my 3 years H1/H4 approvals on Jan-18th, 08.
Any idea how much time they are going to check the status of the company? Does the size of the company really matters? I am paid regularily and my company is a real estate investment firm, due to recent recession the profit of the company is low as compared to previous years. Will this make any difference. I am EB 3 with priority date July 30th, 2003.
Any advise?? Has some one been in the same situation. My older son is in college and has exams on Monday? Any thoughts/suggestions.
RV
ch102
11-20 12:09 PM
Just how bad is the backlog? (http://imminfo.com/Blog/articles.php?art_id=100&start=1)
Following the release by the USCIS of their backlog statistics in September, many prospective immigrants began to reevaluate the idea of upgrading to higher preference classifications. Central to any such decision is the answer to the question �How long do I have to wait if I remain in my present classification?� The purpose of this article is to help applicants try and determine just how long that wait will be.
The answer to that question, like most things, is complex. It depends on several factors that are unknown at this time. These include:
� There is an unknown number of pending AOS cases that have not yet been classified or reviewed.
� In the case of EB2, there is an unknown number of EB3 applicants who are actively in the process of upgrading to EB2.
� There are additional cases in the pipeline, not accounted for by the available backlog information.
While it is not possible to predict with accuracy precisely how long it will be before specific applicants will receive immigrant visas, it is possible to get some idea of the minimum waiting time. That is, it is possible to determine how long it will be, at an absolute minimum, before a visa number becomes available. The actual waiting time will be longer than the minimum time, but this will at least give people a rough idea of just what they are looking at.
Let�s first look at the employment based second preference category (EB2). For purposes of this discussion, we will look at the visa waiting times for China, India, and Worldwide.
The �Worldwide� chargeability area is �current� � meaning that there are more visas available under the quota that there are qualified applicants. This means that anyone chargeable to the Worldwide EB2 category has immediate access to a visa. This condition will remain so for at least the next several years.
Because there are unused visa numbers within the EB2 Worldwide allocation, the remaining numbers may be used by people who are otherwise eligible, but for the single state limit (i.e., citizens of China and India). These applicants may use the leftover EB2 numbers as though they were chargeable to the Worldwide category, as long as visas remain available. That is, those with the oldest priority dates, irrespective of country of birth, are at the head of the line for EB2 visas.
Let�s take a look at the backlog information for EB2 visas shown on the CIS website, arranged, by priority dates, area of charge and year:
The Worldwide allocation for EB2 is roughly 40,000 visas annually, plus all unused EB1 numbers. For fiscal year 2008, a total of 35,590 employment-based first preference visas were issued. Due to the failure of the CIS to adjudicate enough family based adjustment of status cases, about 25,000 visas from that quota fell over into the employment based quota and a total of 70,135 EB2 visas were issued. For fiscal year 2009, there were considerably fewer family based visas available for use by the EB categories. For FY 2010, the State Department estimates that there will be only about 5,000 such additional visas available. For our purposes, we can assume that EB1 will have about 5,000 leftover visas and another 5,000 will become available from the family based quota. This means that the EB2 visa availability will be approximately 50,000 for this fiscal year.
If we assume that all of the demand shown on the CIS website remains, and that there is no additional demand, the total of pre-approved EB2 cases pending before the CIS with priority dates earlier than 2007 is almost 52,000. In reality, this demand represents about two-thirds of the actual demand, so the likelihood is that the EB2 cutoff date will not move beyond May, 2006 by the end of fiscal year 2010 (September 30, 2010).
If the EB2 cutoff date does reach May, 2006 by the end of FY 2010, then it would likely reach the end of calendar year 2008 (and probably go into early 2009) by the end of fiscal year 2011.
A word of warning is in order at this point. Our office alone has received about 150 inquiries in the last couple of months by people with established EB3 priority dates who wish to file new PERM applications so that they may qualify for EB2. When they do, they will take their EB3 priority dates with them. This means that they will enter the EB2 waiting list at a point much earlier in time.
Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
..........
.........
Following the release by the USCIS of their backlog statistics in September, many prospective immigrants began to reevaluate the idea of upgrading to higher preference classifications. Central to any such decision is the answer to the question �How long do I have to wait if I remain in my present classification?� The purpose of this article is to help applicants try and determine just how long that wait will be.
The answer to that question, like most things, is complex. It depends on several factors that are unknown at this time. These include:
� There is an unknown number of pending AOS cases that have not yet been classified or reviewed.
� In the case of EB2, there is an unknown number of EB3 applicants who are actively in the process of upgrading to EB2.
� There are additional cases in the pipeline, not accounted for by the available backlog information.
While it is not possible to predict with accuracy precisely how long it will be before specific applicants will receive immigrant visas, it is possible to get some idea of the minimum waiting time. That is, it is possible to determine how long it will be, at an absolute minimum, before a visa number becomes available. The actual waiting time will be longer than the minimum time, but this will at least give people a rough idea of just what they are looking at.
Let�s first look at the employment based second preference category (EB2). For purposes of this discussion, we will look at the visa waiting times for China, India, and Worldwide.
The �Worldwide� chargeability area is �current� � meaning that there are more visas available under the quota that there are qualified applicants. This means that anyone chargeable to the Worldwide EB2 category has immediate access to a visa. This condition will remain so for at least the next several years.
Because there are unused visa numbers within the EB2 Worldwide allocation, the remaining numbers may be used by people who are otherwise eligible, but for the single state limit (i.e., citizens of China and India). These applicants may use the leftover EB2 numbers as though they were chargeable to the Worldwide category, as long as visas remain available. That is, those with the oldest priority dates, irrespective of country of birth, are at the head of the line for EB2 visas.
Let�s take a look at the backlog information for EB2 visas shown on the CIS website, arranged, by priority dates, area of charge and year:
The Worldwide allocation for EB2 is roughly 40,000 visas annually, plus all unused EB1 numbers. For fiscal year 2008, a total of 35,590 employment-based first preference visas were issued. Due to the failure of the CIS to adjudicate enough family based adjustment of status cases, about 25,000 visas from that quota fell over into the employment based quota and a total of 70,135 EB2 visas were issued. For fiscal year 2009, there were considerably fewer family based visas available for use by the EB categories. For FY 2010, the State Department estimates that there will be only about 5,000 such additional visas available. For our purposes, we can assume that EB1 will have about 5,000 leftover visas and another 5,000 will become available from the family based quota. This means that the EB2 visa availability will be approximately 50,000 for this fiscal year.
If we assume that all of the demand shown on the CIS website remains, and that there is no additional demand, the total of pre-approved EB2 cases pending before the CIS with priority dates earlier than 2007 is almost 52,000. In reality, this demand represents about two-thirds of the actual demand, so the likelihood is that the EB2 cutoff date will not move beyond May, 2006 by the end of fiscal year 2010 (September 30, 2010).
If the EB2 cutoff date does reach May, 2006 by the end of FY 2010, then it would likely reach the end of calendar year 2008 (and probably go into early 2009) by the end of fiscal year 2011.
A word of warning is in order at this point. Our office alone has received about 150 inquiries in the last couple of months by people with established EB3 priority dates who wish to file new PERM applications so that they may qualify for EB2. When they do, they will take their EB3 priority dates with them. This means that they will enter the EB2 waiting list at a point much earlier in time.
Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
..........
.........
vandanaverdia
10-26 01:17 PM
bump
gc1024
07-17 07:04 PM
my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers
http://immigrationvoice.org/forum/showthread.php?t=5132
Don't forget to read the disclaimer.
http://immigrationvoice.org/forum/showthread.php?t=5132
Don't forget to read the disclaimer.
more...
sledge_hammer
07-09 04:28 PM
What about those whose PD is 2006 or later and DID file I-485?!?
What a waste of poll!
What a waste of poll!
Hope_GC
07-26 07:53 PM
How can you assume that you will get certain kind of RFE.. i dont quiet get that.
No offense but i guess you need to chill out..;)
I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
No offense but i guess you need to chill out..;)
I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
more...
dravid88
10-17 06:29 AM
Tax Credits (http://www.extramortgages.com/first-time-buyers Tax Credits)
Sai gc
05-15 03:46 PM
Thanks a lot for your time Victory.
What you said is correct,so even me decided to keep quite and wait for the mercy of USCIS.
Wish you goodluck buddy.
What you said is correct,so even me decided to keep quite and wait for the mercy of USCIS.
Wish you goodluck buddy.
more...
jthomas
04-07 03:46 PM
Hi,
My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
I have new H1 extension for 3 years.
--If I go for visa stamping will it be a problem as I am workig for TARP received bank.
--If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.
you don't have to go to india to restamp your H1B. you can rather stay here and whenever you are going out of the country you need to get h1B stamped.
Regarding TARP received bank, the rules may even change when you had gone for a vacation. Its better not to go back during recession and most important keep your eye open for another job position.
I agree TARP revceived firms cannot renew H1B after 6 years or apply for GC. Those rules may change as per time. Most of the firms who like to hire H1B. So don't know whether it will get better or worst for your situation.
My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
I have new H1 extension for 3 years.
--If I go for visa stamping will it be a problem as I am workig for TARP received bank.
--If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.
you don't have to go to india to restamp your H1B. you can rather stay here and whenever you are going out of the country you need to get h1B stamped.
Regarding TARP received bank, the rules may even change when you had gone for a vacation. Its better not to go back during recession and most important keep your eye open for another job position.
I agree TARP revceived firms cannot renew H1B after 6 years or apply for GC. Those rules may change as per time. Most of the firms who like to hire H1B. So don't know whether it will get better or worst for your situation.
MatsP
September 7th, 2006, 06:46 AM
If the cause of wobble on your tripod is the effect of you touching the camera to change the settings, you may want to try the auto-bracketing [although if you have a P&S type camera, it may not have auto-bracketing], which takes three (or five) shots with varying levels of under/over exposure [you can select how much on each photo, and adjust where you start from by adjusting the overall exposure compensation, so if you set +/-1 stop and then start with +1, you get 0, +1 and +2 exposures of the same subject, taken in sequence by the camera...]
--
Mats
--
Mats
more...
bank_king2003
06-04 02:03 PM
but in this case the H1b stamp on my passport is still valid and not expired.
i am entering on nov 11th. stamp expires on december 1. why i am worried is just because the stamp is still of old employer whereas 797 is of new employer.
port of entry may ask me why didnt i get the stamp again when it is just expiring after 20 days ?? U know....
i am entering on nov 11th. stamp expires on december 1. why i am worried is just because the stamp is still of old employer whereas 797 is of new employer.
port of entry may ask me why didnt i get the stamp again when it is just expiring after 20 days ?? U know....
guitarzen
09-13 01:01 PM
You're going to destroy us all! Giving people a program that makes web designing a lot easier is bad news for us web designers.
The thing is...it doesn't design the web page. It is only a visual representation or layout program to help the client get ideas for what they might like. Once they get that...it still needs to be designed and the information added.
The thing is...it doesn't design the web page. It is only a visual representation or layout program to help the client get ideas for what they might like. Once they get that...it still needs to be designed and the information added.
more...
veni001
02-03 08:08 AM
Thanks for you concern.
I would appreciate it if you can answer to my specific question. :)
Your company would be better off by submitting audited financial to avoid any possible RFP on ability to pay! Also ability to pay not only depends on current standing, if your employer is filing more EB2 for future jobs then he/she may have to prove the business necessity as well.
Good luck.;)
I would appreciate it if you can answer to my specific question. :)
Your company would be better off by submitting audited financial to avoid any possible RFP on ability to pay! Also ability to pay not only depends on current standing, if your employer is filing more EB2 for future jobs then he/she may have to prove the business necessity as well.
Good luck.;)
sa.node
02-15 09:01 PM
All
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
more...
grupak
03-24 11:39 AM
AFAIK you cannot use your SSN to receive google adsense revenues if you want to continue on H1B. It counts as business income and Google will send you a 1099 form and that is not allowed on an H1B. What people usually do is get someone in their home country to be the Google Adsense beneficiary. If you use your own ssn, on paper, it puts you out of H1B status.
Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.
Passive income is alright. AFAIK banks send you 1099 if you earn interest in your saving account (above a certain amount) or CD. Have to report it to IRS.
Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.
Passive income is alright. AFAIK banks send you 1099 if you earn interest in your saving account (above a certain amount) or CD. Have to report it to IRS.
desi3933
06-18 02:56 PM
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months.
Yes, New employer needs to file for H1-B transfer.
Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
No.
2. Should I join the new employer on EAD, which will be approved for 1 year by then?
It may be good idea to join on H1.
Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
GC is for the future job. AC-21 allows to change future employer after I-485 has been filed for 180 calendar days and I-140 is approved.
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
Invoke AC-21.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Search on these forums. It has been discussed in detail.
Thanks in advance!
See above in blue. This is NOT a legal advice.
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months.
Yes, New employer needs to file for H1-B transfer.
Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
No.
2. Should I join the new employer on EAD, which will be approved for 1 year by then?
It may be good idea to join on H1.
Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
GC is for the future job. AC-21 allows to change future employer after I-485 has been filed for 180 calendar days and I-140 is approved.
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
Invoke AC-21.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Search on these forums. It has been discussed in detail.
Thanks in advance!
See above in blue. This is NOT a legal advice.
more...
Saralayar
06-04 12:19 PM
http://www.mercurynews.com/topstories/ci_12514065?nclick_check=1
FTA:
"...
The law would also increase numerical caps on the number of visas for countries such as Mexico, the Philippines, China and India. People from those countries hoping to immigrate to the U.S. routinely face waits of more than a decade in a system with a backlog of 5.8 million people.
..."
The URL link do not work.
FTA:
"...
The law would also increase numerical caps on the number of visas for countries such as Mexico, the Philippines, China and India. People from those countries hoping to immigrate to the U.S. routinely face waits of more than a decade in a system with a backlog of 5.8 million people.
..."
The URL link do not work.
krithi
02-04 07:03 PM
Hello Gali,
Im also using rahul reddy in houston, but its very tough to find an answer from him, did u had the same problem.
thnx,
krithi
Im also using rahul reddy in houston, but its very tough to find an answer from him, did u had the same problem.
thnx,
krithi
sonu9
08-01 12:21 AM
HI , first of all thank you for spending some time on my problem.
But my dependants are in " X " location only . we are meeting each other by travelling . my dependants are receiving all invoices. Thats the reason i got this question. please suggest me. THANK YOU SO MUCH IN ADVANCE.
But my dependants are in " X " location only . we are meeting each other by travelling . my dependants are receiving all invoices. Thats the reason i got this question. please suggest me. THANK YOU SO MUCH IN ADVANCE.
ashkam
03-23 03:35 PM
Hello gurus,
need little help from you guys. Right now i am on H1b.
I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).
I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???
H1bdude1
You can give your OPT A# but once you're assigned a permanent visa number, they'll give you a different number. Your OPT A# is just a temporary number.
need little help from you guys. Right now i am on H1b.
I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).
I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???
H1bdude1
You can give your OPT A# but once you're assigned a permanent visa number, they'll give you a different number. Your OPT A# is just a temporary number.
sargon
11-16 05:07 PM
This is very clear. An I-485 can not be approved unless its PD is current. So all pending I-485's remain hanging till its PD becomes current. CIS may continue processing such hanging 485 applications in the background, but its final approval is always held back till its PD becomes current again.
Rule of thumb: Door must be open (i.e. PD must be current) to get the I-485 application in, and to get it out again.
Rule of thumb: Door must be open (i.e. PD must be current) to get the I-485 application in, and to get it out again.
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