53885
08-02 04:00 AM
Here is my prediction.
With July Fiasco INS has learnt their lessons.
They have potential to process and approve 40K cases in one month.
Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
I think they might even issue again 40K cases in october ?
Why not ?
So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
I would say dont be surprised if it takes just one month to approve ?????
Guys,
Discussing this topic all day will not get you any closer to getting GC.
Though this has been mentioned many times, I will say that the only thing in your hand right now is to take some ACTIONS.
Make sure Congress members hear your voice.
If you have not already check these threads out http://immigrationvoice.org/forum/showthread.php?t=11428
http://immigrationvoice.org/forum/showthread.php?t=10747
With July Fiasco INS has learnt their lessons.
They have potential to process and approve 40K cases in one month.
Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
I think they might even issue again 40K cases in october ?
Why not ?
So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
I would say dont be surprised if it takes just one month to approve ?????
Guys,
Discussing this topic all day will not get you any closer to getting GC.
Though this has been mentioned many times, I will say that the only thing in your hand right now is to take some ACTIONS.
Make sure Congress members hear your voice.
If you have not already check these threads out http://immigrationvoice.org/forum/showthread.php?t=11428
http://immigrationvoice.org/forum/showthread.php?t=10747
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gsc999
09-07 12:54 PM
I noticed that California has around 20 names. I know that around 35 to 40 ppl are flying from CA. I think that is would be a similar case with other states.
Guys, this is required info. that will allow us to schedule an appointment with lawmakers. We have to provide this info. to them to receive meeting confirmation.
Please add your information asap, this is urgent and important
Guys, this is required info. that will allow us to schedule an appointment with lawmakers. We have to provide this info. to them to receive meeting confirmation.
Please add your information asap, this is urgent and important
BimmerFAn
05-29 09:34 AM
I am posting this so that others may benefit from my experience and also not repeat the same mistakes that I made.
I originally came to the United States when I was 9 years old in 1996 as a J-2 Dependent. I finished my grammar school, high school and college here. I started working on OPT and tried to figure out a way to get an H1-B visa since I knew that I was subject to Sections 212(e) � 2 year home residency requirement, which prohibited me from obtaining H or L status or pursuing permanent residency.
It was only after I consulted with a top tier immigration attorney that I found out that in certain circumstances J-2 dependents can apply for a waiver separately of the J-1 principal. The waiver for a J-2 dependent falls under the same procedures as an Interested Government Agency (IGA) waiver, except that if selected for a waiver, the Department of State will act as the IGA on your behalf. The attorney told me that the process to obtain a waiver could take anywhere from 3 months to a year, with 6 months being the projected average.
To apply for the waiver I had to send the DOS mine and my family�s visa history, complete photocopy of my passport, translated copy of my birth certificate, a printed copy of the application I had to fill out online through the DOS website, and a statement of reason (SoR). The SoR is the most important document since it gives you a chance to persuade the Waiver Review Board that you should be allowed to remain in the United States. Basically, since I came here when I was very young, I wrote about my academic, charitable and professional contribution to American society over my 14 years here. I mentioned that I had no ties to my former home country and was financially independent from my parents. I also wrote about how my career as a CPA benefits US companies and US economy, and how US financial reporting standards are vastly different that those of my home country etc. Moreover, I submitted other materials supporting my SoR such as my academic transcripts, employment offer letter, paystubs, CPA license, letter supporting my involvement with various charities, and a letter from the J-1 principal explaining their program and my relationship to them.
The Department of State recommended me for a waiver in just 2 business days after they received my documentation. The USCIS approved the waiver a week after receipt. The attorney submitted an H1-B petition for change of status (premium processing) as soon as the DOS sent the Favorable Recommendation to the USCIS. In most cases, to apply for an AOS all you need is a copy of the favorable recommendation the USCIS will adjudicate both simultaneously under premium processing. The USCIS took 14 nerve racking days to process it, but ultimately they approved the petition.
Overall, the process to waive the 2 year HRR and obtain an H1-B visa took me only 1 month and I count myself very lucky. I wish I had acted on it sooner, but before speaking to the attorney�s I had no idea a waiver was even an option and could only think of nightmarish scenarios. I will monitor my post in order to answer any questions you may have. I would want nothing more than for others to learn and benefit from my experience and save themselves the agonizing stress that I went through.
Please find the complete timeline for my process below. From speaking with my attorney I heard that my timeline is rather extraordinary so please do not think that all processing times are exactly the same.
Applied for a Waiver with the DOS: 4/22/10
Received by DOS: 4/30/2010
Response: Favorable Recommendation 05/04/2010
Received by the USCIS @ VSC: 05/07/2010
Waiver Approved by USCIS: 05/15/2010
H1-B Filed under PP with the USCIS: 05/07/10
H1-B Received by the USCIS: 05/11/10
Decision: H1-B Approved 05/25/10
I originally came to the United States when I was 9 years old in 1996 as a J-2 Dependent. I finished my grammar school, high school and college here. I started working on OPT and tried to figure out a way to get an H1-B visa since I knew that I was subject to Sections 212(e) � 2 year home residency requirement, which prohibited me from obtaining H or L status or pursuing permanent residency.
It was only after I consulted with a top tier immigration attorney that I found out that in certain circumstances J-2 dependents can apply for a waiver separately of the J-1 principal. The waiver for a J-2 dependent falls under the same procedures as an Interested Government Agency (IGA) waiver, except that if selected for a waiver, the Department of State will act as the IGA on your behalf. The attorney told me that the process to obtain a waiver could take anywhere from 3 months to a year, with 6 months being the projected average.
To apply for the waiver I had to send the DOS mine and my family�s visa history, complete photocopy of my passport, translated copy of my birth certificate, a printed copy of the application I had to fill out online through the DOS website, and a statement of reason (SoR). The SoR is the most important document since it gives you a chance to persuade the Waiver Review Board that you should be allowed to remain in the United States. Basically, since I came here when I was very young, I wrote about my academic, charitable and professional contribution to American society over my 14 years here. I mentioned that I had no ties to my former home country and was financially independent from my parents. I also wrote about how my career as a CPA benefits US companies and US economy, and how US financial reporting standards are vastly different that those of my home country etc. Moreover, I submitted other materials supporting my SoR such as my academic transcripts, employment offer letter, paystubs, CPA license, letter supporting my involvement with various charities, and a letter from the J-1 principal explaining their program and my relationship to them.
The Department of State recommended me for a waiver in just 2 business days after they received my documentation. The USCIS approved the waiver a week after receipt. The attorney submitted an H1-B petition for change of status (premium processing) as soon as the DOS sent the Favorable Recommendation to the USCIS. In most cases, to apply for an AOS all you need is a copy of the favorable recommendation the USCIS will adjudicate both simultaneously under premium processing. The USCIS took 14 nerve racking days to process it, but ultimately they approved the petition.
Overall, the process to waive the 2 year HRR and obtain an H1-B visa took me only 1 month and I count myself very lucky. I wish I had acted on it sooner, but before speaking to the attorney�s I had no idea a waiver was even an option and could only think of nightmarish scenarios. I will monitor my post in order to answer any questions you may have. I would want nothing more than for others to learn and benefit from my experience and save themselves the agonizing stress that I went through.
Please find the complete timeline for my process below. From speaking with my attorney I heard that my timeline is rather extraordinary so please do not think that all processing times are exactly the same.
Applied for a Waiver with the DOS: 4/22/10
Received by DOS: 4/30/2010
Response: Favorable Recommendation 05/04/2010
Received by the USCIS @ VSC: 05/07/2010
Waiver Approved by USCIS: 05/15/2010
H1-B Filed under PP with the USCIS: 05/07/10
H1-B Received by the USCIS: 05/11/10
Decision: H1-B Approved 05/25/10
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belmontboy
04-22 09:33 PM
In fiscal year 2006, there were 5 Indian firms in the top 10 users of H1B visa.
http://www.networkworld.com/community/?q=node/15273
However, when it comes to PERM filing there is only 1 Indian company in the top 10 list of PERM filers. That is very interesting. Does it mean that Indian companies do not encourage or support GC process as much as the American companies do? I sure hope that's not the case and employees of those Indian companies are getting a fare shot at the Greencard.
Indian companies like wipro, infosys discourage GC processes.
http://www.networkworld.com/community/?q=node/15273
However, when it comes to PERM filing there is only 1 Indian company in the top 10 list of PERM filers. That is very interesting. Does it mean that Indian companies do not encourage or support GC process as much as the American companies do? I sure hope that's not the case and employees of those Indian companies are getting a fare shot at the Greencard.
Indian companies like wipro, infosys discourage GC processes.
more...
Ramba
10-08 06:05 PM
Absolutly No. H4 is a non-immigrant status where emplyment previlage is prohibited. If you want to use EAD or to accept any employment, you should be in a status that allows you to work legally. Therefore AOS is a status that allows you to work. One can have "dual intent"; however one can not have "dual status" at a same time. Therefore once you use EAD you automatically switch to AOS status from H4 status. EAD is a benefit to AOS status people not for H4.
InTheMoment
06-22 10:01 AM
Reposting this I-485 Standard Operating Procedure (SOP) link again. This gives us a clue of what is checked when the packet is opened in the mail room and then further down with the AO.
http://www.imminfo.com/resources/cissop.html
http://www.imminfo.com/resources/cissop.html
more...
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crystal
10-17 03:07 PM
serch for what u r looking for here
http://www.google.com/coop/cse?cx=012620551926076505117%3A4ha20owcsow
http://www.google.com/coop/cse?cx=012620551926076505117%3A4ha20owcsow
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nixstor
04-19 11:18 AM
JP,
Will you be our Leonardo Dicaprio of The Departed? We already have Matt Damon(s) here on our forum. :) Just kidding
Will you be our Leonardo Dicaprio of The Departed? We already have Matt Damon(s) here on our forum. :) Just kidding
more...
ajay
11-25 08:06 PM
I contributed $20 to this cause.
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Berkeleybee
04-06 03:41 PM
Before you get carried away please note that even in the Specter Bill people filing for status under Title VI have to
(a) Wait for the PDs that are pending when the Act passes to become current.
(b) If the current PDs do not become current in 6 years -- their applications will be "held in abeyance" till the PDs PDs that are pending when the Act passes to become current.
I take the "held in abeyance" to mean that they might get I-485 filing privileges at that point but those applications will not be adjudicated.
So you will not really get your green card after 6 years -- you'll be pending till all current PDs become current. Given that family PDs are still back in 1983 per the April 2006 bulletin, they won't be getting their green cards any time soon.
The parity issue is really that Title VI recognizes that
(1) worldwide and per-country quotas make no sense -- and yet, the immigrants who go through the arduous labor cert process that protects the American worker are subject to per-country quotas.
(2) Workers should be mobile and be able to self-petition -- yet skilled workers going through the labor cert process are tied to employer AND job description for years.
best,
Berkeleybee
(a) Wait for the PDs that are pending when the Act passes to become current.
(b) If the current PDs do not become current in 6 years -- their applications will be "held in abeyance" till the PDs PDs that are pending when the Act passes to become current.
I take the "held in abeyance" to mean that they might get I-485 filing privileges at that point but those applications will not be adjudicated.
So you will not really get your green card after 6 years -- you'll be pending till all current PDs become current. Given that family PDs are still back in 1983 per the April 2006 bulletin, they won't be getting their green cards any time soon.
The parity issue is really that Title VI recognizes that
(1) worldwide and per-country quotas make no sense -- and yet, the immigrants who go through the arduous labor cert process that protects the American worker are subject to per-country quotas.
(2) Workers should be mobile and be able to self-petition -- yet skilled workers going through the labor cert process are tied to employer AND job description for years.
best,
Berkeleybee
more...
pcs
01-21 05:10 PM
Please send email invitations to different associations though this link.....
http://www.going2usa.com/education/isa.html
This should get us a lot of young members
http://www.going2usa.com/education/isa.html
This should get us a lot of young members
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GCwaitforever
03-17 12:53 PM
First we need to make sure all BEC cases from 2001-2003 are processed. Then only we can speculate on EB2 India 2004. When USCIS publishes end-of-year stats for 2007, we will know more about the situation.
----------------------
PD: May 2002 EB2 India
I-485 applied May 2007
----------------------
PD: May 2002 EB2 India
I-485 applied May 2007
more...
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nousername
04-07 01:12 PM
What the hell.. Can someone please explain this in plain English?
AAO Decision on Substituted Labor Certifications (http://www.cilawgroup.com/news/2010/04/03/aao-decision-on-substituted-labor-certifications/)
AAO Decision on Substituted Labor Certifications (http://www.cilawgroup.com/news/2010/04/03/aao-decision-on-substituted-labor-certifications/)
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rongha_2000
10-02 11:07 AM
I have briefly searched the forums and could not find a related post hence starting a new thread. If the answer already is on any other post, please point me to it and delete this thread.
***********
Question: I am on H1 and, my wife and daughter are on H4. I have applied for EAD for both me and my wife and AP for all 3 of us. My question is "Do I need to maintain my H1 status so that my daughter can stay in US?" If I (and my wife too) switch to EAD, what status will my daughter be in? As I understand "Pending Adjustment" is not a status so how can my daughter stay in US legally if I switch to EAD.
Any response is highly appreciated.
***********
Question: I am on H1 and, my wife and daughter are on H4. I have applied for EAD for both me and my wife and AP for all 3 of us. My question is "Do I need to maintain my H1 status so that my daughter can stay in US?" If I (and my wife too) switch to EAD, what status will my daughter be in? As I understand "Pending Adjustment" is not a status so how can my daughter stay in US legally if I switch to EAD.
Any response is highly appreciated.
more...
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Beemar
08-30 01:20 AM
Hi frnds,
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
Can you name them? I think I can help.
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
Can you name them? I think I can help.
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rongha_2000
10-02 11:07 AM
I have briefly searched the forums and could not find a related post hence starting a new thread. If the answer already is on any other post, please point me to it and delete this thread.
***********
Question: I am on H1 and, my wife and daughter are on H4. I have applied for EAD for both me and my wife and AP for all 3 of us. My question is "Do I need to maintain my H1 status so that my daughter can stay in US?" If I (and my wife too) switch to EAD, what status will my daughter be in? As I understand "Pending Adjustment" is not a status so how can my daughter stay in US legally if I switch to EAD.
Any response is highly appreciated.
***********
Question: I am on H1 and, my wife and daughter are on H4. I have applied for EAD for both me and my wife and AP for all 3 of us. My question is "Do I need to maintain my H1 status so that my daughter can stay in US?" If I (and my wife too) switch to EAD, what status will my daughter be in? As I understand "Pending Adjustment" is not a status so how can my daughter stay in US legally if I switch to EAD.
Any response is highly appreciated.
more...
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Libra
11-15 11:32 AM
bumping....
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leoindiano
03-17 10:02 AM
Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved with PD in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
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raj1998
04-13 09:58 AM
You can take any position anywhere with anyone...H1B is only if you want to work in the US
You dont have to be physically present in US. One can join a company in US on H1 and work any where else through that employer
You dont have to be physically present in US. One can join a company in US on H1 and work any where else through that employer
franklin
02-09 10:39 AM
It will not help anyone being negative.
snathan
08-18 05:10 PM
If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.
Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.
Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.
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