immi_twinges
07-12 07:53 AM
Hey Sam.....
The word is out to Santa Clara University Int'nl Students. One concern.... Im getting responses from guys from other nationalities... do we need to worry ?
Its for all nationals . Its not just the fight of a few backlogged countries like China or India or Mexico
The word is out to Santa Clara University Int'nl Students. One concern.... Im getting responses from guys from other nationalities... do we need to worry ?
Its for all nationals . Its not just the fight of a few backlogged countries like China or India or Mexico
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AabTuAgaGC
06-14 12:15 PM
This is how it works. If you file for your 485 now, the next thing that is expected from you is to wait for the receipt, that would take 3 to 4 weeks. Then you will get finger print notice, that might come in three months time. Once you are done with all this then check the processing date of the respective service centre where you have filed your 485 application.
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
Thanks ajmalnasar, for your detailed reply! I am in the same boat. I am filing my i-485 this month and am hoping that I will at least get married on papers this Oct/Nov. The rest of the dhol dhamaka can be done later. I don't want to get married and then have to wait another 5 years to bring in my wifey. My PD is Dec 2003.
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
Thanks ajmalnasar, for your detailed reply! I am in the same boat. I am filing my i-485 this month and am hoping that I will at least get married on papers this Oct/Nov. The rest of the dhol dhamaka can be done later. I don't want to get married and then have to wait another 5 years to bring in my wifey. My PD is Dec 2003.
chaukas
09-17 06:00 PM
Pls include letter to Ombudsman in the voting options.
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trueguy
08-13 12:35 PM
I see there is a very common misconception in these forums
First. EB2-I being current does not help EB3-I -- at least not directly. The numbers after EB2-I being current will not rollover into EB3-I. It goes to the general EB3 pool, from where first the 7% rule is applied, so unless EB3-World becomes current, EB3-I does not benefit from the numbers.
2nd, yes, the reclamation will help, but again not to a great extent -- at least not directly. All of the numbers so gained will go based on the 7% cutoff, so while we will get some extra numbers, but does not mean EB3-I will go ahead by leaps and bounds, that is until all the rest of the categories are current.
Most of recaptured numbers will come to EB2-I and EB3-I bcoz EB3-ROW is not that bad and EB2-ROW is always current. So yes, any recapture will benefit EB3-I significantly
First. EB2-I being current does not help EB3-I -- at least not directly. The numbers after EB2-I being current will not rollover into EB3-I. It goes to the general EB3 pool, from where first the 7% rule is applied, so unless EB3-World becomes current, EB3-I does not benefit from the numbers.
2nd, yes, the reclamation will help, but again not to a great extent -- at least not directly. All of the numbers so gained will go based on the 7% cutoff, so while we will get some extra numbers, but does not mean EB3-I will go ahead by leaps and bounds, that is until all the rest of the categories are current.
Most of recaptured numbers will come to EB2-I and EB3-I bcoz EB3-ROW is not that bad and EB2-ROW is always current. So yes, any recapture will benefit EB3-I significantly
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amitjoey
12-22 02:29 PM
Dear Sir/Madam
I have been in the country Legally on a student visa and then on a work visa for 10 years. I have been in line and have applied for a greencard 6 years ago and my application has been shuttled through various departments and agencies in a 4 step procedure and now being stalled for want of a number (An immigrant number) for a highly skilled immigrant. There are an estimated 1/2 million legal law abiding, tax paying individuals in a similar situation who need your attention. All of them are in the country on a work visa and are in line to recieve an employment based green card.
The Employment based green card system is completely broken due to excessive delays and backlogs in petitions of nearly half a million highly skilled workers who are certified by US Government to be doing a job that no US citizen is willing, qualified or able to do. The delays in obtaining a permanent residency are due to 2 reasons: Numerical caps on employment-based green cards and processing delays in adjudication of files. Today the system takes anywhere between 6-12 years to grant Green cards to some of the best and brightest of the world who have chosen America as their future home.
These future Americans are facing huge quality of life issues and their employers are facing difficulty in attracting more of the best and brightest of the world due to the broken system. The system prevents these workers from accepting promotions and switching jobs for the time-period it takes to process their files. By stagnating career growth and suffocating the creativity of the most innovative and technical minds of the world.
The processing delays mock America�s respect for those who �play by the rules� and get in line. At the same time USCIS awards 10s of thousands of greencards to people every year outside of USA based on a pick or lottery.
At the end of 2006, there were an estimated 200,000 employment-based principals waiting for labor certification, which is the first step in the U.S. immigration process. The number of pending I-140 applications, the second step of the immigration process, stood at 50,132. This was over seven times the number in 1996. The number of employment-based principals with approved I-140 applications and unfiled or pending I-485s, or the last step in the immigration process, was 309,823, a threefold increase from a decade earlier. Overall, there were 500,040 employment-based principals (in the three main employment visa categories of EB-1, EB-2, and EB-3) waiting for legal permanent residence. And the total including family members was 1,055,084.
These numbers are particularly troubling when you consider there are only around 120,000 visas available for skilled immigrants in the EB-1, EB-2, and EB-3 categories. To make things worse, no more than 7 percent of the visas are allocated to immigrants from any one country. So immigrants from countries with large populations like India and China have the same number of visas available (8,400) as those from Iceland and Poland.
At the same time, a debate rages about H-1B visas and this gets considerable press coverage. Companies such as Microsoft, Intel, and Oracle have been lobbying for visas to bring in skilled immigrants, but have focused on expanding the numbers of H-1B visas available. Why? Perhaps because workers on these visas are desirable, as they are less likely to leave their employers during the decade or more they are waiting for permanent residence.
So we want skilled immigrants, but we want them to come on the right visas as permanent residents. The battles being fought are about bringing in more people with H-1B visas�not about those who are already here with them and stranded in �immigration limbo.�
Unlike many of the problems facing the United States, this one isn�t hard to fix. All we have to do is to increase the number of visas offered to skilled workers in the EB-1, EB-2, and EB-3 categories from 120,000 to around 300,000 per year. And we need to remove the per-country limits. Instead of requiring graduates from top universities who receive jobs from American corporations to go through the tedious H-1B visa process, we should provide a direct path to permanent residence. We are now competing with the rest of the world for the best talent. We need to do all we can to attract and keep skilled immigrants, rather than bring them here temporarily, train them, and send them home.
One more most important aspect is also to provide an oversight over USCIS. Presently, processing delays, lost paperwork, incourteous and bad customer service and above all a non-transparent system is what immigrants face. Why should legal tax paying immigrants wait in line patiently for half a decade and pay high fees to get lousy customer service and no accountability for fees?.
Yours truely,
Frustrated, law abiding, tax paying immigrant
I have been in the country Legally on a student visa and then on a work visa for 10 years. I have been in line and have applied for a greencard 6 years ago and my application has been shuttled through various departments and agencies in a 4 step procedure and now being stalled for want of a number (An immigrant number) for a highly skilled immigrant. There are an estimated 1/2 million legal law abiding, tax paying individuals in a similar situation who need your attention. All of them are in the country on a work visa and are in line to recieve an employment based green card.
The Employment based green card system is completely broken due to excessive delays and backlogs in petitions of nearly half a million highly skilled workers who are certified by US Government to be doing a job that no US citizen is willing, qualified or able to do. The delays in obtaining a permanent residency are due to 2 reasons: Numerical caps on employment-based green cards and processing delays in adjudication of files. Today the system takes anywhere between 6-12 years to grant Green cards to some of the best and brightest of the world who have chosen America as their future home.
These future Americans are facing huge quality of life issues and their employers are facing difficulty in attracting more of the best and brightest of the world due to the broken system. The system prevents these workers from accepting promotions and switching jobs for the time-period it takes to process their files. By stagnating career growth and suffocating the creativity of the most innovative and technical minds of the world.
The processing delays mock America�s respect for those who �play by the rules� and get in line. At the same time USCIS awards 10s of thousands of greencards to people every year outside of USA based on a pick or lottery.
At the end of 2006, there were an estimated 200,000 employment-based principals waiting for labor certification, which is the first step in the U.S. immigration process. The number of pending I-140 applications, the second step of the immigration process, stood at 50,132. This was over seven times the number in 1996. The number of employment-based principals with approved I-140 applications and unfiled or pending I-485s, or the last step in the immigration process, was 309,823, a threefold increase from a decade earlier. Overall, there were 500,040 employment-based principals (in the three main employment visa categories of EB-1, EB-2, and EB-3) waiting for legal permanent residence. And the total including family members was 1,055,084.
These numbers are particularly troubling when you consider there are only around 120,000 visas available for skilled immigrants in the EB-1, EB-2, and EB-3 categories. To make things worse, no more than 7 percent of the visas are allocated to immigrants from any one country. So immigrants from countries with large populations like India and China have the same number of visas available (8,400) as those from Iceland and Poland.
At the same time, a debate rages about H-1B visas and this gets considerable press coverage. Companies such as Microsoft, Intel, and Oracle have been lobbying for visas to bring in skilled immigrants, but have focused on expanding the numbers of H-1B visas available. Why? Perhaps because workers on these visas are desirable, as they are less likely to leave their employers during the decade or more they are waiting for permanent residence.
So we want skilled immigrants, but we want them to come on the right visas as permanent residents. The battles being fought are about bringing in more people with H-1B visas�not about those who are already here with them and stranded in �immigration limbo.�
Unlike many of the problems facing the United States, this one isn�t hard to fix. All we have to do is to increase the number of visas offered to skilled workers in the EB-1, EB-2, and EB-3 categories from 120,000 to around 300,000 per year. And we need to remove the per-country limits. Instead of requiring graduates from top universities who receive jobs from American corporations to go through the tedious H-1B visa process, we should provide a direct path to permanent residence. We are now competing with the rest of the world for the best talent. We need to do all we can to attract and keep skilled immigrants, rather than bring them here temporarily, train them, and send them home.
One more most important aspect is also to provide an oversight over USCIS. Presently, processing delays, lost paperwork, incourteous and bad customer service and above all a non-transparent system is what immigrants face. Why should legal tax paying immigrants wait in line patiently for half a decade and pay high fees to get lousy customer service and no accountability for fees?.
Yours truely,
Frustrated, law abiding, tax paying immigrant
gk_2000
04-18 07:40 PM
I have neither become apprehensive nor have got any ill feeling ... just showing where the problem is .
Yes, sorry.. no foul
Yes, sorry.. no foul
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pbojja
06-12 06:06 PM
This is really sad that they count all dependents under employement category. USCIS should treat all categories in same way. Can't we raise this issue?
Thats a very good point , If they dont count the dependents in Family based cateogry , why are they counting in Employment Based cateogry . Again may be rules are different but we can defiently raise this question
IV what are your thoughts on this ?
Thats a very good point , If they dont count the dependents in Family based cateogry , why are they counting in Employment Based cateogry . Again may be rules are different but we can defiently raise this question
IV what are your thoughts on this ?
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walking_dude
11-19 12:09 PM
Macaca,
Thanks for the suggested "Addendum". A para on it, included in the letter (edited)
Thanks
Thanks for the suggested "Addendum". A para on it, included in the letter (edited)
Thanks
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addsf345
11-10 02:25 PM
Did I understand wrong?
After 6 yrs on H1 with pending AOS, if 485 gets denied, H1 is not renewd. So far so good....
I am under impression that aftet the denial, person still has whatever time left on his H1 to stay and work till H1 expires. No futher extension will be possible due to denial.
Is above statement wrong????
I had checked with my attorney, he had mentioned that I could keep on working till my H1 expired.... I will recheck with him.
Regards.
GCCovet
I saw somewhere on other site clearly mentioned that once 485 is rejected, H1B extension based on pending 485 also becomes invalid. If a person keeps working, it it considered as illegal. I do not have link right now, but I guess I found it on some lawyers website, posted link on IV in some other thread.
After 6 yrs on H1 with pending AOS, if 485 gets denied, H1 is not renewd. So far so good....
I am under impression that aftet the denial, person still has whatever time left on his H1 to stay and work till H1 expires. No futher extension will be possible due to denial.
Is above statement wrong????
I had checked with my attorney, he had mentioned that I could keep on working till my H1 expired.... I will recheck with him.
Regards.
GCCovet
I saw somewhere on other site clearly mentioned that once 485 is rejected, H1B extension based on pending 485 also becomes invalid. If a person keeps working, it it considered as illegal. I do not have link right now, but I guess I found it on some lawyers website, posted link on IV in some other thread.
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rajuseattle
04-18 08:13 PM
thanks Belmontboy.
Let OP cheer and celebrate after ending his painful journey.
Let OP cheer and celebrate after ending his painful journey.
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aj1234567
05-01 03:16 PM
Hi
Today I have seen soft lud on my 485 application, My pd is dec06 eb2-India, I have called uscis IO she updated my address and she told me that they are waiting for visa number once visa number is available they are working on my case, I asked her why I got soft LUD, she replied that IO opened my file and find out that country VISA number is not available. Because they touch my file I got soft LUd.
Thanks
Aj
Today I have seen soft lud on my 485 application, My pd is dec06 eb2-India, I have called uscis IO she updated my address and she told me that they are waiting for visa number once visa number is available they are working on my case, I asked her why I got soft LUD, she replied that IO opened my file and find out that country VISA number is not available. Because they touch my file I got soft LUd.
Thanks
Aj
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adde72
07-17 04:32 PM
Dont mix with any other issue( Dream Act) ....We will fight for "Recapturing of Visas" . That will solve all our problems .
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jp_blr
06-21 01:19 PM
Friends, any thoughts on the below questions..
Raj, Thanks for the reply. I am still looking out for the bride which is the reason it may take about a year or so.. So no chance of civil ceremony in a months time.
I have few more questions..
1) What does it really mean by withdrawing the I-485 ? Does it mean you withdraw only the 485 application and can reapply (just 485) it later when you are ready (when its current) ? Or does it mean the full GC process is cancelled, which means you have to start with your labor again at later point of time?
2) What are the real benefits of applying now for I-485 in my scenario? If I get married after the 485 is filed, it sounds like I am forced to anyway maintain my H1B till I get my spouse on H4. Also to apply for my spouse�s 485, my PD must be current at the time of filing. If not, then again I am forced to maintain my H1B till the dates become current.
Just to summarize, it sounds like I have to anyway maintain my H1B till I apply for my spouse�s 485.
So far, does it sound correct ? If not, please correct me..
If the above is correct, why not I apply for 485 after I get married ? Is that a bad idea ? I know I could save about 6 months to an year (may be more in some cases) if I apply before the marriage, but then I am taking the risk of getting approved 485 before my marriage.
Any thoughts?
Raj, Thanks for the reply. I am still looking out for the bride which is the reason it may take about a year or so.. So no chance of civil ceremony in a months time.
I have few more questions..
1) What does it really mean by withdrawing the I-485 ? Does it mean you withdraw only the 485 application and can reapply (just 485) it later when you are ready (when its current) ? Or does it mean the full GC process is cancelled, which means you have to start with your labor again at later point of time?
2) What are the real benefits of applying now for I-485 in my scenario? If I get married after the 485 is filed, it sounds like I am forced to anyway maintain my H1B till I get my spouse on H4. Also to apply for my spouse�s 485, my PD must be current at the time of filing. If not, then again I am forced to maintain my H1B till the dates become current.
Just to summarize, it sounds like I have to anyway maintain my H1B till I apply for my spouse�s 485.
So far, does it sound correct ? If not, please correct me..
If the above is correct, why not I apply for 485 after I get married ? Is that a bad idea ? I know I could save about 6 months to an year (may be more in some cases) if I apply before the marriage, but then I am taking the risk of getting approved 485 before my marriage.
Any thoughts?
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rkg000
04-19 09:54 PM
Found one more without good education.
Got to hand it to you man, your comments are Hilarious. You heard this .."Fool me once, shame on you; fool me twice, shame on me". You said USCIS is screwing you you by giving H1 and GC to these lesser degree fellas, and shame on them for doing this, yet you stand in line to get screwed by USCIS, everyday, again and again. And you are standing in line for what? the past 10 yrs only to get screwed everyday. I don't understand the desperation. Anyway, hope you get your GC soon. I don't know which is more fun for you, getting GC or standing in the line.
Got to hand it to you man, your comments are Hilarious. You heard this .."Fool me once, shame on you; fool me twice, shame on me". You said USCIS is screwing you you by giving H1 and GC to these lesser degree fellas, and shame on them for doing this, yet you stand in line to get screwed by USCIS, everyday, again and again. And you are standing in line for what? the past 10 yrs only to get screwed everyday. I don't understand the desperation. Anyway, hope you get your GC soon. I don't know which is more fun for you, getting GC or standing in the line.
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Canadian_Dream
09-29 01:02 PM
Was your previous approval based on an extension ? [Pending LC/Approved I-140 etc] ?
Does your current transfer require documents from the previous employer ? [LC/Approved I-140] ?
Were you paid the prevailing wages mentioned in the LCA of previous H1B ? Can this be supported by the W2 of last financial year [Not the paycheck].
Did you have I-94 attached in the previously approved H1B ?
Please answer these questions it might be helpful in finding what might have raised the red flag.
Does your current transfer require documents from the previous employer ? [LC/Approved I-140] ?
Were you paid the prevailing wages mentioned in the LCA of previous H1B ? Can this be supported by the W2 of last financial year [Not the paycheck].
Did you have I-94 attached in the previously approved H1B ?
Please answer these questions it might be helpful in finding what might have raised the red flag.
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B3NKobe
06-03 02:29 AM
Why the hell wouldn't you let the iBoy version in? It's pretty sweet. The only thing I'd suggest is fixing the proportions for the buttons, there a little out of wack.
It might be 'sweet' but I explained in my post above yours. I didnt ask for modifications, I asked for 'skins'.
It might be 'sweet' but I explained in my post above yours. I didnt ask for modifications, I asked for 'skins'.
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nitinboston
05-14 11:04 AM
bringing bk the discussion to more serious point. We can all agree that on the surface immigration system here is seems unfair towards Indian, Chinese and Mexicans. Whats the reason behind it? why only three countries which suffers from long waits. Its demand and supply. If there were no country caps, all the visa's will be absorbed by these three countries. Even though it has cost me time and money, i think its the right policy. for a moment imagine there was no country limit, can you imagine for few years to come immigration will be from only these three countries. i think its only fair to limit how many people can come from one specific country.
and one more point, we are never going to get treated with respect and equality, just get used to it. every American knows we left our country to come to his. he is always gonna look down upon us. Immigrants are never treated with love, respect and dignity, no matter which country they go to. Case in point, Bangladeshi and Nepali migrant workers in India. We treat them like dirt back home, so discrimination against immigrants is part of immigration process. hopefully our ABCD offspring's will face less of it :)
and one more point, we are never going to get treated with respect and equality, just get used to it. every American knows we left our country to come to his. he is always gonna look down upon us. Immigrants are never treated with love, respect and dignity, no matter which country they go to. Case in point, Bangladeshi and Nepali migrant workers in India. We treat them like dirt back home, so discrimination against immigrants is part of immigration process. hopefully our ABCD offspring's will face less of it :)
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laborinbacklog
05-24 09:45 PM
Do you guys really think this bill will become a law that too in its current state and the added amendments? I seriously doubt it. If it is then dont you think the corporate business lobby that has fought really hard to increase the h1 b's to 115000 would have just sat mum while the H1 B fees were increased? I think this bill is just getting too absurd to become into law. I dont know but it would be interesting to hear what the businesses have to say with the increase in h1b fees.
May be I am totally wrong but just thought of posting this because I have been reading so many depressing posts from everyone. Have hope and faith. When the going gets tough, the tough gets going. At this point we need to strategise, which I am sure IV is doing it excellently. We may need to make a few compromises but try to make friends with others who are lobbying.
Please dont bombard me. Its just my thought. Please ignore this post if it offends you.
Guys,
Can we lobby to add an ammendum to pay huge penalities($50K) when all the current GC holders apply for Citizenships.
-Mad
May be I am totally wrong but just thought of posting this because I have been reading so many depressing posts from everyone. Have hope and faith. When the going gets tough, the tough gets going. At this point we need to strategise, which I am sure IV is doing it excellently. We may need to make a few compromises but try to make friends with others who are lobbying.
Please dont bombard me. Its just my thought. Please ignore this post if it offends you.
Guys,
Can we lobby to add an ammendum to pay huge penalities($50K) when all the current GC holders apply for Citizenships.
-Mad
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rockstart
06-11 08:56 AM
You should be fine this will not affect your GC as long as you appear in court on time. Make sure your lawyer defends the case well.
optimist578
02-06 10:43 AM
Though they run for non-profit.
So public schools Elem/Middle/High , still have to go thru nornal H1B process for teachers, have to wait for OCT1, start date.
If a new H1B visa application does not run against the regular quota, I don't think he has to wait till Oct. When my H1B got approved (under quota), I started in 2 months - February in my case.
So public schools Elem/Middle/High , still have to go thru nornal H1B process for teachers, have to wait for OCT1, start date.
If a new H1B visa application does not run against the regular quota, I don't think he has to wait till Oct. When my H1B got approved (under quota), I started in 2 months - February in my case.
GCard_Dream
01-30 06:35 PM
- from immigration-law.com
After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.
After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.
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