meridiani.planum
06-17 09:24 PM
inline...
Hi,
This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:
1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.
no, you can get an H1 extension as soon as the labor is 365 days old. No need to spend one year outside unless you want to reset your clock. SO get them to file this asap (lets say they file in August), if your labor approval does not come on time, in June you would have to leave the US for 2 months at which point they can again extend your H1 from August.
2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?
If you can get your I-140 approvla also by then. Just labor approval is not enough (unless it is 365 days old which it wont be in your case)
Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.
Regards,
swashbuckler
Hi,
This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:
1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.
no, you can get an H1 extension as soon as the labor is 365 days old. No need to spend one year outside unless you want to reset your clock. SO get them to file this asap (lets say they file in August), if your labor approval does not come on time, in June you would have to leave the US for 2 months at which point they can again extend your H1 from August.
2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?
If you can get your I-140 approvla also by then. Just labor approval is not enough (unless it is 365 days old which it wont be in your case)
Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.
Regards,
swashbuckler
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Dhundhun
12-05 01:31 AM
Congratulations and good to hear from you.
NewDocinUS
02-05 01:21 PM
Hi,
I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.
I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.
Thanks
I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.
I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.
Thanks
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GCcomesoon
03-14 01:20 PM
Hi
Are there any updates to the Bill that is being discussed right now ? I mean we have updates saying that they are discussing illegal immigration, border security, etc. I guess all of us are waiting to see & hear if something about us is getting discussed there. Something which would benefit our own community.
Please don't get me wrong, but many people hopefully look at the posts everyday thinking that there might be an update which might benefit thier case.I would urge & request someone from core members to give continuous updates.That would also eliminate lot of doubts especially amongst groups who are not very clear on the immigration voice activities.
Thanks
GCcomesoon
Are there any updates to the Bill that is being discussed right now ? I mean we have updates saying that they are discussing illegal immigration, border security, etc. I guess all of us are waiting to see & hear if something about us is getting discussed there. Something which would benefit our own community.
Please don't get me wrong, but many people hopefully look at the posts everyday thinking that there might be an update which might benefit thier case.I would urge & request someone from core members to give continuous updates.That would also eliminate lot of doubts especially amongst groups who are not very clear on the immigration voice activities.
Thanks
GCcomesoon
more...
cbpds
01-27 02:04 PM
THe questions to Obama is gaining steam, IV needs to tell everyone to vote so that our questions will be highly ranked
see this
Obama to take YouTube questions on State of the Union speech - CNN.com (http://www.cnn.com/2011/POLITICS/01/26/obama.youth.outreach/index.html)
see this
Obama to take YouTube questions on State of the Union speech - CNN.com (http://www.cnn.com/2011/POLITICS/01/26/obama.youth.outreach/index.html)
shreekhand
04-28 07:34 PM
Go Utah! ... Go Texas !
more...
kk_kk
04-23 01:27 PM
I have chnaged my address twice in last 2 months with USCIS. One change is from zip code xxxxx to yyyyy and other with in the same zip code. Both the time, there was an soft LUD on my I-485. knock on wood, no RFE's as of yet.
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saketkapur
07-06 12:40 PM
Yes, I did the same.....even though I had a valid H1B stamped in my passport the POE made me use the AP to enter.....
more...
anandrajesh
02-12 02:42 PM
I went to India this Winter and got my 7th yr H1B stamping for 3 years till Aug 31, 2009. My passport is expiring this Aug 07. The Immigration Officer at the POE(Chicago) gave me I-94 till Sep 09, 09. (09/09/09) . As you see in my case the VO & Immigration Officer didnt care to see when my passport is expiring. I think they will give you your Visa Based on ur Approved I-797 only.
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yagw
07-11 07:18 PM
Yes. I guess, I read it wrong. I'm surprised that USCIS has outsourced this work to companies like these trusting them blindly. I was of the impression that the attorney used some USCIS website to file for PERM labors. And what kinda stupid co. was this...TESTING against prod database? Scary :eek:
USCIS didn't outsource; at least not to LawLogix. They are independent SW makers, much like TurboTax from Intuit :)
USCIS didn't outsource; at least not to LawLogix. They are independent SW makers, much like TurboTax from Intuit :)
more...
globaldesi
05-14 10:25 AM
My HR notified me yesterday that they have received the receipt for my H1B. Thank God! Good luck to everyone awaiting a response.
Quota - General
Premium Processing - No
Notification Date - 04/28/08
Receipt Number - Yes
Notified via - email from HR
Employer - Company
Multiple Petitions - No
Quota - General
Premium Processing - No
Notification Date - 04/28/08
Receipt Number - Yes
Notified via - email from HR
Employer - Company
Multiple Petitions - No
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shana04
05-28 11:59 PM
I am a July 2007 filer and he expects an RFE for employment verification on my case.
I am july 07 filer and I got RFE for EVL and that should be on companys letter head and a copy of it with job description and offer for full time with salary. (In fact I have sent AC21 through attorney)
And RFE for current residence proof
I am july 07 filer and I got RFE for EVL and that should be on companys letter head and a copy of it with job description and offer for full time with salary. (In fact I have sent AC21 through attorney)
And RFE for current residence proof
more...
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GCNirvana007
10-04 06:10 PM
What all other questions, like "Are you still working for the GC sponsored employer" ?
Asked me if i am married or single - I mean wtf you dont see my status in the computer screen
Asked me if i am married or single - I mean wtf you dont see my status in the computer screen
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pyaradesi
01-10 12:09 PM
Hi H1TechSlave,
I am guessing you are basing your proposal on the UC Davis report/link in your post. Yes, there are companies and individuals who are misusing the H1b system, but this is the case with any law, regulation not just immigration. You will never have a perfect system. An example of this is democracy, we are well aware that democracy with its virtues, comes with a price of chaos and corruption. This does not mean we opt for a totalitarian system.
The H1b represents the American Dream for Indians and a lot of other folks from across the world. Plumbers, carpenters, coal workers, homeless people, and literally bums were allowed to immigrate thorough Ellis Island without even needing a visa. Now to come and say that you need to be a genius to get an H1b visa, and IITs are not the best institutions is just preposterous. This report basically states that mojority of H1bs are incompetent folks who come from weak US universities. The Amercican Dream is a universal concept that should be protected at any cost. Protectionist legislation with stymie growth.
The report focuses on H1bs stealing American Jobs, is there any data on the kind of people being displaced, their qualifications?
Put aside the h1b for a minute, what about the agricultural workers who come here, do you need to be the best cherry picker in all of Mexico to work in the US?
Now, this report was published in 2003, it has been buried for good reason.
How do you define "Genius", is Albert Einstein a genius? Is this a measurable concept? Do geniuses create jobs? History tells us that geniuses made a lot of news and history but very little else. The world runs not because of geniuses, but because of a few smart people and millions of average folks.
Do we need to tackle mom&pop h1b sweatshops? yes, but not by changing the fundamental nature of "h1b".
I am guessing you are basing your proposal on the UC Davis report/link in your post. Yes, there are companies and individuals who are misusing the H1b system, but this is the case with any law, regulation not just immigration. You will never have a perfect system. An example of this is democracy, we are well aware that democracy with its virtues, comes with a price of chaos and corruption. This does not mean we opt for a totalitarian system.
The H1b represents the American Dream for Indians and a lot of other folks from across the world. Plumbers, carpenters, coal workers, homeless people, and literally bums were allowed to immigrate thorough Ellis Island without even needing a visa. Now to come and say that you need to be a genius to get an H1b visa, and IITs are not the best institutions is just preposterous. This report basically states that mojority of H1bs are incompetent folks who come from weak US universities. The Amercican Dream is a universal concept that should be protected at any cost. Protectionist legislation with stymie growth.
The report focuses on H1bs stealing American Jobs, is there any data on the kind of people being displaced, their qualifications?
Put aside the h1b for a minute, what about the agricultural workers who come here, do you need to be the best cherry picker in all of Mexico to work in the US?
Now, this report was published in 2003, it has been buried for good reason.
How do you define "Genius", is Albert Einstein a genius? Is this a measurable concept? Do geniuses create jobs? History tells us that geniuses made a lot of news and history but very little else. The world runs not because of geniuses, but because of a few smart people and millions of average folks.
Do we need to tackle mom&pop h1b sweatshops? yes, but not by changing the fundamental nature of "h1b".
more...
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naushit
01-13 09:22 AM
I was in exactly same situation last October. I dont believe there is any foolproof method. I tried everything
- opened SR
- inquiry to AILA.
- obmudusman office.
- Inquiry thu Senator's office.
finally I got my GC in Oct 2009 , I believe Senator's office clicked, my local Senator's office was very responsive and very quick.
Good Luck.
-N
Hello friends,
This may sound silly but I could really use some help here. My case has been current for a while now and its not been approved yet. Calling USCIS is no use since the Cust Serv Rep literally tell you the exact same words that are in the online status. I've been doing Infopass every week now for the past month. Last week they said that the case has been assigned to an officer. I'm going to Mumbai on Feb 3rd and was hoping that my case would be processed before then. Any ideas to get that file picked up by the officer?
Thanks in advance
- opened SR
- inquiry to AILA.
- obmudusman office.
- Inquiry thu Senator's office.
finally I got my GC in Oct 2009 , I believe Senator's office clicked, my local Senator's office was very responsive and very quick.
Good Luck.
-N
Hello friends,
This may sound silly but I could really use some help here. My case has been current for a while now and its not been approved yet. Calling USCIS is no use since the Cust Serv Rep literally tell you the exact same words that are in the online status. I've been doing Infopass every week now for the past month. Last week they said that the case has been assigned to an officer. I'm going to Mumbai on Feb 3rd and was hoping that my case would be processed before then. Any ideas to get that file picked up by the officer?
Thanks in advance
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indianabacklog
07-31 12:22 PM
Guys,
don't worry.
The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!
They can't age out children just because they sit on an application for 5 years...
Relax..
I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.
Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.
don't worry.
The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!
They can't age out children just because they sit on an application for 5 years...
Relax..
I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.
Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.
more...
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luvschocolates
06-29 11:00 PM
I got the exact same letter today, except mine says below "CANCELLED", that I am to appear on July 9th at the Jacksonville FL. office at 8 am. - so is it cancelled or not?
I spent 45 minutes calling the stupid 800 number on the notice, wasting time pressing numbers 1-9 and never getting a human being on the phone to find out what was going on. Needless to say I was extremely frustrated by the time I just pressed 3, which was supposed to be for a change of address, but I finally got a real person on the line and she managed to transfer me to the right department.
When I finally got to speak to someone there, this woman was as confused as I was and nothing was resolved. She said that the July 4th holiday affected appointments from July 5-8, but that doesn't include my appointment date. She finally said she would forward the issue to her supervisor and have her contact me to sort this out. I have not heard anything yet so I have no clue at this point what is going on and if I need to show up for the appointment or not.
I have to travel approx. 3 hours each way to get to Jacksonville and I made that clear, that I was not willing to waste time getting the folks I live with to drive that distance when they are elderly and disabled if I wasn't meant to be there.
She was very nice and very understanding but unable to resolve the problem so I wait for the supervisor I guess.
Does anyone else have a clue what happened or why this sort of confusion went unnoticed? I mean, anyone reading the notice I got would go :confused:
I'm hoping they will get back to me tomorrow cause the appt. date is not far away and there is no way I will miss it, not after waiting 2 years just to get some feedback on the status of my application.
I spent 45 minutes calling the stupid 800 number on the notice, wasting time pressing numbers 1-9 and never getting a human being on the phone to find out what was going on. Needless to say I was extremely frustrated by the time I just pressed 3, which was supposed to be for a change of address, but I finally got a real person on the line and she managed to transfer me to the right department.
When I finally got to speak to someone there, this woman was as confused as I was and nothing was resolved. She said that the July 4th holiday affected appointments from July 5-8, but that doesn't include my appointment date. She finally said she would forward the issue to her supervisor and have her contact me to sort this out. I have not heard anything yet so I have no clue at this point what is going on and if I need to show up for the appointment or not.
I have to travel approx. 3 hours each way to get to Jacksonville and I made that clear, that I was not willing to waste time getting the folks I live with to drive that distance when they are elderly and disabled if I wasn't meant to be there.
She was very nice and very understanding but unable to resolve the problem so I wait for the supervisor I guess.
Does anyone else have a clue what happened or why this sort of confusion went unnoticed? I mean, anyone reading the notice I got would go :confused:
I'm hoping they will get back to me tomorrow cause the appt. date is not far away and there is no way I will miss it, not after waiting 2 years just to get some feedback on the status of my application.
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GCanyMinute
08-22 03:48 PM
:) I have a pending I-485 dated May/2003, my LC PD is May/2002.. I'm EB3 world... and I was looking at my receipt notice (I-485) and the priority date box is blank. How am I sure that USCIS actually knows that my PD is May/2002 ?? Should that info appear in the proper box?? or they just know it when they entry it in the system as my LC was sent with the application? Please let me know if I should remind them or it's is just a waste of time as they already know it. Last time I called they told me that everything was ok with my file and that they were just wating for a visa number.
Thanks in advance for any help. :D
Thanks in advance for any help. :D
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Sunny_Bhaaji
12-28 12:44 AM
RFE for I-140
I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise
I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise
Anders �stberg
May 1st, 2005, 11:57 PM
Thanks guys!
I like that edit Fred! Make it a little more subtle and it would work really well.
Re. dust; yes it was very dry, I was there for maybe a half hour but there was a thin layer of dust all over me and the gear. I don't like it when the teeth crunch on sand from the air. The dust adds to the shots though, much like fog.
I like that edit Fred! Make it a little more subtle and it would work really well.
Re. dust; yes it was very dry, I was there for maybe a half hour but there was a thin layer of dust all over me and the gear. I don't like it when the teeth crunch on sand from the air. The dust adds to the shots though, much like fog.
psaxena
06-30 01:13 PM
When I asked my attorney she said no you cannot.. thats what I quoted here.
Now with your suggestion, where this H1B gonna be coming from, the every year quota or will be the part of the existing H1B( that means one will not have to wait for the yearly quota.)
On visa revalidation visa stamp will show which H1B , the fulltime one or parttime?
This way everyone running out of the 6 years on Visa can actually use this route to have a total 11 years without filing the I-485. Moreover if this is true, everyone can have the backup H1B from any company in case they loose the jobs they can have the backup H1B to stay in status in the country. Now the other thing from that arises is if the main H1B is terminated on Layoff, which LCA will be in effect for salary condition.
I can work in the Software company fulltime but at the same time can work in a motel parttime, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.
Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.
Mr Saxena
Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.
Now on to the OP :-
YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.
It should not have any effect on your current H1 or 140.
Now with your suggestion, where this H1B gonna be coming from, the every year quota or will be the part of the existing H1B( that means one will not have to wait for the yearly quota.)
On visa revalidation visa stamp will show which H1B , the fulltime one or parttime?
This way everyone running out of the 6 years on Visa can actually use this route to have a total 11 years without filing the I-485. Moreover if this is true, everyone can have the backup H1B from any company in case they loose the jobs they can have the backup H1B to stay in status in the country. Now the other thing from that arises is if the main H1B is terminated on Layoff, which LCA will be in effect for salary condition.
I can work in the Software company fulltime but at the same time can work in a motel parttime, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.
Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.
Mr Saxena
Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.
Now on to the OP :-
YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.
It should not have any effect on your current H1 or 140.
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