eastindia
05-25 11:38 AM
I sent an email in my company to all people on H1B. Could everyone else do that.
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frostrated
08-03 03:22 PM
USCIS will go according to the ND. They will not follow PD. PD is used only to make the application eligible for adjudication or to apply for AOS. One filed, it is the application ND that takes priority. For example, if there are two EB2 applications, and the PD for the two are Aug 2002 and Aug 2004, and the ND for these two are June 2006 and Jan 2006 respectively, the applicaiton with ND of Jan 2006 gets priority, provided both PD are current.
gc28262
04-14 09:26 PM
Thanks you all for the responses and help. We are searching for employers who can help me out in the situation. Most of them are thinking twice bcoz I am pregnant and have to take maternity leave within a 2- 3 weeks.
Which will be the good option for me in this situation H1 transfer or EAD? I have EAD in hand, but never used. I like to maintain the status of H1-B as long as time permits. My husband is going to get health information next week once he joined in the job.
It is safer to be on EAD when you are without job. You don't have to be working on EAD as long as you have a valid job offer at the time of I485 adjudication as GC is for a future job.
Even on H1B ,taking leave without pay during pregnancy does not cause you any status issue.
See the following link
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Which will be the good option for me in this situation H1 transfer or EAD? I have EAD in hand, but never used. I like to maintain the status of H1-B as long as time permits. My husband is going to get health information next week once he joined in the job.
It is safer to be on EAD when you are without job. You don't have to be working on EAD as long as you have a valid job offer at the time of I485 adjudication as GC is for a future job.
Even on H1B ,taking leave without pay during pregnancy does not cause you any status issue.
See the following link
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
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royus77
07-23 05:22 PM
Will CIS generate the Receipt notice first before transfering the application to the appropriate service center. ( like transfering the application from NSC -> TSC when the I-140 was approved at TSC but filed at NSC) .
Any idea ? Any sign of Cheque cashing for the 2 july filers ????
Any idea ? Any sign of Cheque cashing for the 2 july filers ????
more...
felix31
04-26 05:47 PM
Great job IV team,
I am so glad about this article - and I am circulating it among my friends at my school..
I am so glad about this article - and I am circulating it among my friends at my school..
GCplease
10-24 02:05 PM
hi guys,
The PD current for EB1 in the month of Oct.
I have filed my I-140,I-485 on Oct10 2007 in the category of EB1.
But until now i did not receive any confirmation notice..
Can anyone say what should i do now or have to wait for some more weeks?
Thanks in advance...
Give them some time.
It has only been 15 days since you applied. They can take upto 2 months to send you the 485 receipt notice due to the huge influx of 485 applications they received over the past 2 months.
The PD current for EB1 in the month of Oct.
I have filed my I-140,I-485 on Oct10 2007 in the category of EB1.
But until now i did not receive any confirmation notice..
Can anyone say what should i do now or have to wait for some more weeks?
Thanks in advance...
Give them some time.
It has only been 15 days since you applied. They can take upto 2 months to send you the 485 receipt notice due to the huge influx of 485 applications they received over the past 2 months.
more...
rexjamla
07-19 10:07 AM
EB3/FEDEX delivered on 02-Jul-07 at 10:25 am
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mhathi
05-13 05:33 PM
This whole discussion is really silly... I'm glad IV leadership is not self centered, atleast from what i see they think about the community on the whole.
Lets put all these fruitless arguments to rest... the ROW vs India/China, Nurses vs Others, EB1 vs EB2 vs EB3!
I'm EB3 India and I have no one to blame but me for being in EB3 (I'm certainly qualified to be in EB2 but I chose to stick around with the same company for the very reason we all are here on this forum... i.e GC)
For those who think its unfair... rather then sulking about it... do something and move to EB2 if you cant wait any longer... or at least support IV in their efforts.
Well Said! Being someone else stuck in EB3India despite having a US masters, I have come to the same conclusion, and after July Fiasco, was convinced that IV is indeed the only organization that is doing something for us. I have supported IV in whatever I could since then.
Guys, I do believe IV is the only fighting chance we have, debating on this forum and demanding "justice" or whatever from USCIS is not going to get us anything.
Lets put all these fruitless arguments to rest... the ROW vs India/China, Nurses vs Others, EB1 vs EB2 vs EB3!
I'm EB3 India and I have no one to blame but me for being in EB3 (I'm certainly qualified to be in EB2 but I chose to stick around with the same company for the very reason we all are here on this forum... i.e GC)
For those who think its unfair... rather then sulking about it... do something and move to EB2 if you cant wait any longer... or at least support IV in their efforts.
Well Said! Being someone else stuck in EB3India despite having a US masters, I have come to the same conclusion, and after July Fiasco, was convinced that IV is indeed the only organization that is doing something for us. I have supported IV in whatever I could since then.
Guys, I do believe IV is the only fighting chance we have, debating on this forum and demanding "justice" or whatever from USCIS is not going to get us anything.
more...
gc_chahiye
08-05 02:25 PM
One of my friend asked Shiela Murthy and she said that in order to be able to add my spouse , I would have HAD to get married before July 31st (which I couldn't anyway), because, then, only I/we will be eligible to add my spouse.
Also, I sent in the papers for my I-485 last night. Now, hoping to god that there is an RFE on this and some kind of delay.
Thank you,
gc101.
double-check that note from Sheela Murthy (take an appointment with either her, or Rajiv Khanna). You have to get married before your 485 is approved, dont know whats that July 31st date. Good thing you filed your 485 atleast. You can add your spouse only when your PD is current, but you can atleast use AC21 in the meantime (for changing employers etc).
http://www.murthy.com/news/UDmar485.html
To summarize the INS position, as long as the principal applicant gets married prior to the INS' approving the I-485 application, there should be no problem for the dependent/s to either file the Adjustment of Status, if in the U.S., or to "follow to join," based upon a consular interview abroad. Therefore, the principal can file the Adjustment of Status application prior to marriage, but the marriage needs to take place before INS makes its decision on the I-485 application.
Also, I sent in the papers for my I-485 last night. Now, hoping to god that there is an RFE on this and some kind of delay.
Thank you,
gc101.
double-check that note from Sheela Murthy (take an appointment with either her, or Rajiv Khanna). You have to get married before your 485 is approved, dont know whats that July 31st date. Good thing you filed your 485 atleast. You can add your spouse only when your PD is current, but you can atleast use AC21 in the meantime (for changing employers etc).
http://www.murthy.com/news/UDmar485.html
To summarize the INS position, as long as the principal applicant gets married prior to the INS' approving the I-485 application, there should be no problem for the dependent/s to either file the Adjustment of Status, if in the U.S., or to "follow to join," based upon a consular interview abroad. Therefore, the principal can file the Adjustment of Status application prior to marriage, but the marriage needs to take place before INS makes its decision on the I-485 application.
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geniousatwork
08-26 05:58 PM
The number of people prior to Jan 05 is up to 89 and I am sure it will keep peeping up.
The factor of 100 (1 % polling) seems to be a realistic assumption.
Considering the above numbers/assumptions we are looking at the following number of people awaiting approval next month:
89 * 100 * 2.25 = 20025
By this poll/statistics somewhere between 20K - 25K people are awaiting approval next month.
Also there seems to be no more approvals as per after 08/21. Either all the people have been greened (barring a few with some complexity in their case) or the visa numbers have been exhausted(I do not think the latter is the case).
Hopefully a big chunk of these people do get their approvals next month.
GOOD LUCK!!!
Even if its multiplied by 100 we should be ok, if the USCIS does a good of not waisting visas by doing their best in the month of Sep. Say we have 6500 * 2 .25 (Family) = 15000people waiting from EB2 2004. Looking at the spillover numbers from last year, we might be lucky enough. Just trying to be optimistic for the next 35 days.
We received our 2nd biometric appointment notice for Sep 11th. Our Notice date is Sep 19th 2007. Just keeping my fingers crossed and hoping for something good. :)
The factor of 100 (1 % polling) seems to be a realistic assumption.
Considering the above numbers/assumptions we are looking at the following number of people awaiting approval next month:
89 * 100 * 2.25 = 20025
By this poll/statistics somewhere between 20K - 25K people are awaiting approval next month.
Also there seems to be no more approvals as per after 08/21. Either all the people have been greened (barring a few with some complexity in their case) or the visa numbers have been exhausted(I do not think the latter is the case).
Hopefully a big chunk of these people do get their approvals next month.
GOOD LUCK!!!
Even if its multiplied by 100 we should be ok, if the USCIS does a good of not waisting visas by doing their best in the month of Sep. Say we have 6500 * 2 .25 (Family) = 15000people waiting from EB2 2004. Looking at the spillover numbers from last year, we might be lucky enough. Just trying to be optimistic for the next 35 days.
We received our 2nd biometric appointment notice for Sep 11th. Our Notice date is Sep 19th 2007. Just keeping my fingers crossed and hoping for something good. :)
more...
nrk
08-11 08:47 AM
There is no chance of moving forward in October, But I believe there is every possibility of the dates staying as it is and move forward in December Visa bulletin.
I might be wrong that is my wish.
Its 26May. I don't think they will move something in Oct right???
I might be wrong that is my wish.
Its 26May. I don't think they will move something in Oct right???
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sanju
07-14 05:43 PM
navkap, you seem to be glued to this thread as if you are paid employee of RobEnder. You think this useless group of people are more important than the BRAVE men and women who participated in the San Jose rally. I did not see your post on San Jose rally thread, Congratulating the IV members for their success. But you have all the time in the world to sing songs of the greatness of this RobEnder guy. Do us a favor, take this post with you when you logout.
more...
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lacrossegc
01-14 01:34 PM
It appears form the wording in the text that, anyone who has maintained a continuous stay for at least 5 years preceding and up to the date of enactment of this bill, gets to apply for AOS and be granted permanent residence.
so with respect to EB folks, this provides GC aspirants (with 5 year stay) an immediate relief. The total quota numbers are not modified. Everything stays as is. This appears to be a one time relief to free up the choke in the system (at least for EB).
thanks,
slowwin
I wonder how it would work for existing AOS applicants. The existing applicants have already applied under the INA c9 subsections. The text of the current bill states that the applicant needs to apply under this bill's section to adjust status, similar to 245i. Now if this means reapplying under this section, that would mean another flood of applicants. Obviously with such a deluge, you wouldnt need a quota, the CIS system itself will take years to sort out the applicants.
so with respect to EB folks, this provides GC aspirants (with 5 year stay) an immediate relief. The total quota numbers are not modified. Everything stays as is. This appears to be a one time relief to free up the choke in the system (at least for EB).
thanks,
slowwin
I wonder how it would work for existing AOS applicants. The existing applicants have already applied under the INA c9 subsections. The text of the current bill states that the applicant needs to apply under this bill's section to adjust status, similar to 245i. Now if this means reapplying under this section, that would mean another flood of applicants. Obviously with such a deluge, you wouldnt need a quota, the CIS system itself will take years to sort out the applicants.
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nviren
03-01 07:11 PM
If I had my green card today, I would surely be making at least 15K more in my salary per annum repeat per annum.
If not all, many of you are in the similar situation.
My $200 contribution is just 1.33% of that lost opportunity per annum. If I take into consideration the 4 years of wait, it comes to 0.33%.
Almost anybody who is in US for 5 years on H1B can buy an nice little home. (Bay area is bit more cruel).
Last year I could have bought a home for say 500K. It would have surely appreciated by 50K. But because of the uncertainty of GC, I can not. That's a loss of opportunity of 50K.
My $200 contribution is just 0.4% of that another lost opportunity.
Now you know why I support this effort.
Most of you and your friends are in a situation similar as mine.
I urge you to become aware, make them aware and support this effort, which has a potential to minimize those lost financial opportunities, with your wallet.
Thanks,
nviren
If not all, many of you are in the similar situation.
My $200 contribution is just 1.33% of that lost opportunity per annum. If I take into consideration the 4 years of wait, it comes to 0.33%.
Almost anybody who is in US for 5 years on H1B can buy an nice little home. (Bay area is bit more cruel).
Last year I could have bought a home for say 500K. It would have surely appreciated by 50K. But because of the uncertainty of GC, I can not. That's a loss of opportunity of 50K.
My $200 contribution is just 0.4% of that another lost opportunity.
Now you know why I support this effort.
Most of you and your friends are in a situation similar as mine.
I urge you to become aware, make them aware and support this effort, which has a potential to minimize those lost financial opportunities, with your wallet.
Thanks,
nviren
more...
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anu_t
06-18 11:47 AM
:( :( Another important question is: Will USCIS allow AC21 without an approved EAD?
Why wouldn't they?:confused:
Why wouldn't they?:confused:
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mrajatish
05-12 09:38 AM
You just hit the nail hard on its head -
1. yes, our employers pay big bucks to keep us employed and guess what, that will pay for the USCIS work force to legalize the undocumented workers. Isn't it good to have 300,000 people paying 2000 dollars each every year to extend H1 - such a nice revenue stream, and a great business idea. Guess how many Ameican jobs it creates?
2. Oh btw, you keep paying SSN and Medicare like other educated workers and then if you are unlucky which a sizeable percentage is, you do not get a dime back. I hear a lot of SS going bankrupt etc., but hey, even in the worst case scenario, they talk about reducing SS, not abandoning it. So, you subsidize the older Americans but no one susidizes you when you are old.
I think some politicians actually like our problem, we will always do things legally and it is easy to screw us as we are documented - they know who we are. Some employers (not all) like it because it i a great way to tether someone for eternity in a particular job. It is a win-win situation for these politicians and employers.
But then there are other politicians who think of the long terms effects of taking advantage of legal immigrants, and they try to help our cause. And other employers who get scared that the best ad brightest will realize they have better opportunities else where and leave.
Let us see which camp wins.
1. yes, our employers pay big bucks to keep us employed and guess what, that will pay for the USCIS work force to legalize the undocumented workers. Isn't it good to have 300,000 people paying 2000 dollars each every year to extend H1 - such a nice revenue stream, and a great business idea. Guess how many Ameican jobs it creates?
2. Oh btw, you keep paying SSN and Medicare like other educated workers and then if you are unlucky which a sizeable percentage is, you do not get a dime back. I hear a lot of SS going bankrupt etc., but hey, even in the worst case scenario, they talk about reducing SS, not abandoning it. So, you subsidize the older Americans but no one susidizes you when you are old.
I think some politicians actually like our problem, we will always do things legally and it is easy to screw us as we are documented - they know who we are. Some employers (not all) like it because it i a great way to tether someone for eternity in a particular job. It is a win-win situation for these politicians and employers.
But then there are other politicians who think of the long terms effects of taking advantage of legal immigrants, and they try to help our cause. And other employers who get scared that the best ad brightest will realize they have better opportunities else where and leave.
Let us see which camp wins.
more...
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Zee
05-11 03:18 PM
When are we going to know what's in the compromise bill. CNN also has this news in its headlines today....
http://www.cnn.com/2006/POLITICS/05/11/immigration.ap/index.html
http://www.cnn.com/2006/POLITICS/05/11/immigration.ap/index.html
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yabadaba
10-10 03:43 PM
it might seem like eb2 has moved.. and it has from last month...but this is where we were at in april 2006 (may2006 bulletin -1st jan 2003) before the dates stagnated for a cupl of months, became unavailable and finally moved backwards in october.
so basically no movement for 7 months.
so basically no movement for 7 months.
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JazzByTheBay
05-24 08:15 PM
What was really pathetic - dependents of L1 visa holders were allowed to work, whereas dependents of H1 visas - the H4s, were not!
All they're left to do - if they don't qualify or have any interest in a high-tech field - is to listen to frustrations of their H1-holder spouses about this whole immigration mess!
jazz
I totally agree with Arunmohan- We H4's are not considered basic human beings here, we are not allowed to work ,may of us experience difficulty in getting a drivers license, we cannot have an independent bank account- literally we are considered as without life. I do wish I came in here illegally, at least i see hope for illegals in these bills - what do H4 Visa holders have to wait for !!!
All they're left to do - if they don't qualify or have any interest in a high-tech field - is to listen to frustrations of their H1-holder spouses about this whole immigration mess!
jazz
I totally agree with Arunmohan- We H4's are not considered basic human beings here, we are not allowed to work ,may of us experience difficulty in getting a drivers license, we cannot have an independent bank account- literally we are considered as without life. I do wish I came in here illegally, at least i see hope for illegals in these bills - what do H4 Visa holders have to wait for !!!
posmd
03-28 04:14 PM
Pal, don't try to be selfish and narrow minded here. Step into PBEC victim shoes and then we shall see what language you speak.
Opportunity to speak in front of congress won't come everyday. So we should highlight all the problems faced by us during the employment based immigration process -- whether it is rotting in the PBEC mess for labor certification for 3-5 years or for visa numbers. They all should be brought forward.
The deadlines don't mean any thing but the results in hand do. If it were resources issue, then DBEC would also have been also stuck somewhere with 2001-02 cases but no.. they are processing 2004-05 cases. There is something seriously wrong with PBEC and needs to be fixed.
I sympathise with your situation. However the point you are missing in the grand scheme of things is retrogression and visa numbers is a problem that can ONLY be solved with legislation. Congress legislates.
The BEC mess can be sorted in other ways.
Right now if the BECs were to get off their butts and approve your labour today you would not be any better off in any tangible way. If you wanted to buy your way out of that problem you could file PERM and ask that your labour priority date be substituted.
There is NO WAY around retrogression mess.
Try to see the bigger picture, since your ultimate objective presumably is getting the green card.
Opportunity to speak in front of congress won't come everyday. So we should highlight all the problems faced by us during the employment based immigration process -- whether it is rotting in the PBEC mess for labor certification for 3-5 years or for visa numbers. They all should be brought forward.
The deadlines don't mean any thing but the results in hand do. If it were resources issue, then DBEC would also have been also stuck somewhere with 2001-02 cases but no.. they are processing 2004-05 cases. There is something seriously wrong with PBEC and needs to be fixed.
I sympathise with your situation. However the point you are missing in the grand scheme of things is retrogression and visa numbers is a problem that can ONLY be solved with legislation. Congress legislates.
The BEC mess can be sorted in other ways.
Right now if the BECs were to get off their butts and approve your labour today you would not be any better off in any tangible way. If you wanted to buy your way out of that problem you could file PERM and ask that your labour priority date be substituted.
There is NO WAY around retrogression mess.
Try to see the bigger picture, since your ultimate objective presumably is getting the green card.
soma18
11-13 10:11 PM
I am on H4 for past 2yrs. My H1 is valid since Oct07. I want to travel to India in Dec this yr. I have few questions:
1. I haven't started to work. So, what is my status as of now, after my H1 being aproved and valid since Oct1 2007?
2. My H4 is valid till Mar 2008. If I want to travel to India in Nov end and come back in Dec, do I need stamping on my H1 from the consulate.
If YES then:
Do I need to show any pay-stubs?
I NO then:
a. At the port of entry what status is I am supposed to declare?
b. If I enter as an H4 then does that invalidate my H1 visa?
Plz help!!
1. I haven't started to work. So, what is my status as of now, after my H1 being aproved and valid since Oct1 2007?
2. My H4 is valid till Mar 2008. If I want to travel to India in Nov end and come back in Dec, do I need stamping on my H1 from the consulate.
If YES then:
Do I need to show any pay-stubs?
I NO then:
a. At the port of entry what status is I am supposed to declare?
b. If I enter as an H4 then does that invalidate my H1 visa?
Plz help!!
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