reddymjm
06-03 07:15 AM
I stayed in US for full 5 years on L1-B visa and left US on 6-Jan-07
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..
1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?
You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.
I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
Find more details about Aytes memorandum
2) Is it OK to go for VISA staming before 6-Jan-08?
You can get it stamped.
3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
Looks like nothing needed. u can come in asap.
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..
1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?
You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.
I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
Find more details about Aytes memorandum
2) Is it OK to go for VISA staming before 6-Jan-08?
You can get it stamped.
3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
Looks like nothing needed. u can come in asap.
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nag2007
04-03 01:52 PM
Not yet Filed EAD. PD MARCH 2005
swo
08-15 08:14 PM
It's very easy to forget that PDs can swing by YEARS at a time. (4 years in the case of the July Bulletin!) Things could easily swing back a year or two in only a month or two.
You can predict to your hearts content but I wouldn't get too hinged on those predictions.
Fact is that we were expecting Us and many were NOT Us. Similarly, PDs in October could be brought forward if there are insuffient applications ready for visas in some categories (ie ROW) in October.
Also remember that the number of newly filed EB applicaitons will be far, FAR less in coming months. Only PERM labors are done now and those will all have late PDs that will be ineligible for a long time. As a result, I think bulletins will start to become more consistent as the predictions of become more reliable after a couple of months of volatility in October.
The only real unknown after getting all the 485 data entry done is going to be the FBI namecheck factor.
You can predict to your hearts content but I wouldn't get too hinged on those predictions.
Fact is that we were expecting Us and many were NOT Us. Similarly, PDs in October could be brought forward if there are insuffient applications ready for visas in some categories (ie ROW) in October.
Also remember that the number of newly filed EB applicaitons will be far, FAR less in coming months. Only PERM labors are done now and those will all have late PDs that will be ineligible for a long time. As a result, I think bulletins will start to become more consistent as the predictions of become more reliable after a couple of months of volatility in October.
The only real unknown after getting all the 485 data entry done is going to be the FBI namecheck factor.
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grinch
02-27 08:06 PM
grinch you can use a shader glow material with the material on the object.. let me try to find a tutorial for something for ya.
Hrmm icic. If you could find a tut, I'd be extremely appreciative.
Hrmm icic. If you could find a tut, I'd be extremely appreciative.
more...
gautamagg
04-23 04:46 PM
I came with 4 other people and NONE are IV members and nor did we approach any - infact the white shirt dude was surprised to know we were not part of IV and offended. As I said passive movements dont make a difference.
technically you are an IV member because you have an ID, that you created on your own. You probably went to the meeting with the IV crowd then branched out..good for you. Wonder why the Stanfords and Harvards are dying to admit you:D
Obviously you seem to be in a very unique situation, and you are taking steps to solve your issues in your own way, nothing wrong with that. good luck, to each his own.
technically you are an IV member because you have an ID, that you created on your own. You probably went to the meeting with the IV crowd then branched out..good for you. Wonder why the Stanfords and Harvards are dying to admit you:D
Obviously you seem to be in a very unique situation, and you are taking steps to solve your issues in your own way, nothing wrong with that. good luck, to each his own.
wa_Saiprasad
07-23 08:20 PM
My lawer was very firm in getting the employment letter. And I know one of my close friend couldn't apply for his 485 because he had problem in getting his employment letter from HR because of location issue. Without which the company lawer refused to file 485 and he suggested to apply for new labor again for his new location. After waiting for 7 years Poor guy is now applying his labor again with same company. What a sad story.....
more...
MDix
03-11 10:59 AM
The problem with this guy is he has got his GC and now he doesn't want anybody to have it. Basically he enjoys when people are having of pain. That's the reason he doesn't want any progress in PD's. Dude, if you don't like if people are talking about positve things such as "PD becomes Current" then my humble request to you is just stay-out of any converstations.
See here this guy is also saying the same thing what my lawyer has predicted.
http://immigration-information.com/forums/showthread.php?p=28881#post28881
>> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.
Thanks MDix.
You have no idea. Have a good day, sir!
______________________
US citizen of Indian origin
See here this guy is also saying the same thing what my lawyer has predicted.
http://immigration-information.com/forums/showthread.php?p=28881#post28881
>> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.
Thanks MDix.
You have no idea. Have a good day, sir!
______________________
US citizen of Indian origin
2010 osama bin laden dead body
485Mbe4001
02-21 11:38 AM
i am in the same boat, i was begging the damn lawyer to port me to EB2, she said, we will have to start the process all over again (as i had filed 485 in dec 04 )and it is not worth it. My company refuses to change lawyers so i am stuck in EB3 with pd apr 2002. :mad:
Your friends lawyer is stupid. I know many who are GC holder by converting. File new EB2 LCA and Port the EB3 date in I140 filing. Nothing wrong with it. My company (F 500) don't do it by some crap policy. I am still waiting since PD 2001 to see light. Why? Because EB2 India is always current but EB3 India PD is May 2001 or before from last 3 years. So if possible take advantage or I am living example. Waiting from 8+ years. Sorry for venting.. :)
Your friends lawyer is stupid. I know many who are GC holder by converting. File new EB2 LCA and Port the EB3 date in I140 filing. Nothing wrong with it. My company (F 500) don't do it by some crap policy. I am still waiting since PD 2001 to see light. Why? Because EB2 India is always current but EB3 India PD is May 2001 or before from last 3 years. So if possible take advantage or I am living example. Waiting from 8+ years. Sorry for venting.. :)
more...
GCKaIntezar
02-22 09:10 PM
Thanks. I'm going to create a thread under IV Agenda and post.
One quick request to all members-
Can anyone bring a laptop with wireless Internet Access so that we can display our efforts online, it will be of great help in recruiting members on the spot. Unfortunately I don't have wireless laptop.
Let me know if you'll be able to do this.
Pls post your schedule and location on the the IV agenda thread so that it is visible on the homepage. Urge more NJ members to come to the temple to help you distribute flyers and talk to interested people.They will also have a chance to and meet other NJ chapter members. At least one core member will also come for this and everyone will have a chance to meet and ask any questions.
One quick request to all members-
Can anyone bring a laptop with wireless Internet Access so that we can display our efforts online, it will be of great help in recruiting members on the spot. Unfortunately I don't have wireless laptop.
Let me know if you'll be able to do this.
Pls post your schedule and location on the the IV agenda thread so that it is visible on the homepage. Urge more NJ members to come to the temple to help you distribute flyers and talk to interested people.They will also have a chance to and meet other NJ chapter members. At least one core member will also come for this and everyone will have a chance to meet and ask any questions.
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abhijitp
07-25 09:37 AM
Yes, I have this feeling already. Now, what happens if someone switches jobs using AC-21 and then this RFE is received? You have to submit the NEW employment / offer letter right? So how does this help the current employer to stop you from switching jobs?
Bump... experts, please opine.
Bump... experts, please opine.
more...
murali77
08-06 07:38 PM
Hello Gurus.
My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.
My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?
Appreciate your inputs.
Thanks
Mo
My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.
My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?
Appreciate your inputs.
Thanks
Mo
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vamsi_poondla
09-26 10:55 PM
I don't know who senthil1 is, nor do i care. If you nothing to reply please don't waste white space. My comments are not to stir up arguments but an observation.
IV is sticking to employment based green card reforms. Green Card == Immigrant Visa. So, it would be silly not to use 'immigrant' in this context.
IV is not for just those currently in the 485/140 stage. It will be for future green card applicants as well and that includes H1Bs and F1 holders.
IV is sticking to employment based green card reforms. Green Card == Immigrant Visa. So, it would be silly not to use 'immigrant' in this context.
IV is not for just those currently in the 485/140 stage. It will be for future green card applicants as well and that includes H1Bs and F1 holders.
more...
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wizkid732
07-29 11:28 AM
Why dont you start a campaign against these top notch companies that they are cheating H1Bs by not filing for Greencards? May be some senator who is bidding for a reelection in Nov will help you.
On a serious note think about what you are asking from the company. If your services to the company are so valuable and if the company cannot survive without you, they will go to any extent to keep you. Your java/.net/unix/sap skills were very valuable just a few years ago, right now the same candidates are available in Tons. For the couple of positions we have, i am seeing 20-30 resumes everyday. What makes you so qualified that the company needs to do a gc (remember it is an incentive, just like signon bonus and profit sharing and relocation)? I do not know if anyone really is putting this on the offer letter and be liable if they backtrack on this/
The names people are referring to are top companies. They are not obligated. So if they start the process and and they find people of your caliber they are obliged to hire them. Are you ready to forego your process at that stage? Also if they take a year for just filing are you ok with that? Basically what i am saying is that it is the employee/employer relationship.
People bitch about desi companies (I dont work for one) as to how they gouge employees. But the benefit is that they go above and beyond to keep you on payroll. Do that with an American company - as soon as your contract ends you are done and out of job and out of status (technically). I personally know some folks who are out of job since Nov 2009 and still somehow managing to be legal (or atleast they claim)
So bottom line is you cant have the cake and eat it too that is if you want to work for a top notch company with your meager skills and have the benefits of desi company.
You should have come a few years earlier when people took advantage of
Reduction in Recruitment
Labor substitution
Applying from states where the process took 3 months as opposed to 4 years
starting companies in ME, NH, VT etc
Oh by the way porting from EB3 to EB2 now
People always find loopholes in the processes for quicker processing.
Guys,
Hope this thread will be useful for somebody who is looking for american company for green card processing. They wont get into the trap. So I am giving out the information from the known source(friends).
Company1: Deloitte
Company2: Chase
These two companies promised doing green card cards,they filed h1s, but did not file green card.Whatever reason (bad economy) may be, they did not sponsor green cards for those they promised to do. So be careful. It is not gaurantee.
Also, you can list the companies you know whoever promised, but did not file.
On a serious note think about what you are asking from the company. If your services to the company are so valuable and if the company cannot survive without you, they will go to any extent to keep you. Your java/.net/unix/sap skills were very valuable just a few years ago, right now the same candidates are available in Tons. For the couple of positions we have, i am seeing 20-30 resumes everyday. What makes you so qualified that the company needs to do a gc (remember it is an incentive, just like signon bonus and profit sharing and relocation)? I do not know if anyone really is putting this on the offer letter and be liable if they backtrack on this/
The names people are referring to are top companies. They are not obligated. So if they start the process and and they find people of your caliber they are obliged to hire them. Are you ready to forego your process at that stage? Also if they take a year for just filing are you ok with that? Basically what i am saying is that it is the employee/employer relationship.
People bitch about desi companies (I dont work for one) as to how they gouge employees. But the benefit is that they go above and beyond to keep you on payroll. Do that with an American company - as soon as your contract ends you are done and out of job and out of status (technically). I personally know some folks who are out of job since Nov 2009 and still somehow managing to be legal (or atleast they claim)
So bottom line is you cant have the cake and eat it too that is if you want to work for a top notch company with your meager skills and have the benefits of desi company.
You should have come a few years earlier when people took advantage of
Reduction in Recruitment
Labor substitution
Applying from states where the process took 3 months as opposed to 4 years
starting companies in ME, NH, VT etc
Oh by the way porting from EB3 to EB2 now
People always find loopholes in the processes for quicker processing.
Guys,
Hope this thread will be useful for somebody who is looking for american company for green card processing. They wont get into the trap. So I am giving out the information from the known source(friends).
Company1: Deloitte
Company2: Chase
These two companies promised doing green card cards,they filed h1s, but did not file green card.Whatever reason (bad economy) may be, they did not sponsor green cards for those they promised to do. So be careful. It is not gaurantee.
Also, you can list the companies you know whoever promised, but did not file.
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masouds
02-15 04:24 PM
Are you sure this is the reason why they have per country limits :confused:
Or you dont want that way :D
Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
Or you dont want that way :D
Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
more...
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qesehmk
02-11 07:31 PM
So, according to you, what happens when no action is taken for assigned visa number?
What matters is number of visas used. Have you looked at the numbers?
I actually was saying I agreed w you. Read my post again... I was trying to say a few things over and above...
Aside from that, I have questioned Ron's correctness on this particular issue well before you produced that data.
Also if people somehow do not want to pay attention to facts then so be it.. Why be rude?
What matters is number of visas used. Have you looked at the numbers?
I actually was saying I agreed w you. Read my post again... I was trying to say a few things over and above...
Aside from that, I have questioned Ron's correctness on this particular issue well before you produced that data.
Also if people somehow do not want to pay attention to facts then so be it.. Why be rude?
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Madhuri
10-12 02:41 PM
PD Mar 2006
485 pending
Recd EAD
485 pending
Recd EAD
more...
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GCVivek
03-21 02:42 PM
UMA001,
Your case may be sad and I understand your frustration but the fact that you joined the company ONLY FOR GC is itself ILLEGAL. You should have known this was coming. There is no legal standing for them to sponsor your GC without having a job for you (needing your services) AFTER you are granted GC.
This is simply the truth!
-Vivek
Mayhemt,
Please dont talk without knowing the truth.
I joined the company only for green card, I was a consultant for them before I became full time. They told me this 'We will sponsor green card, will you become full time' I said if you do green card I will join. But they did not keep their promise. Thatis give and take. They already gained from their investment, Thats y they dont want to sponsor anymore. They do green card for what we do for 6 years not for sticking with them for 20+ years.
if I was in my company shoes , I would not take the documents, drag for 2.5 years and say 'We found candidates' . I would have either said in 6 months sorry we cant do or file green card.One need to have honesty. If I am that smart likemy employer I would ve started a company already and firing H1 guys left n right
Your case may be sad and I understand your frustration but the fact that you joined the company ONLY FOR GC is itself ILLEGAL. You should have known this was coming. There is no legal standing for them to sponsor your GC without having a job for you (needing your services) AFTER you are granted GC.
This is simply the truth!
-Vivek
Mayhemt,
Please dont talk without knowing the truth.
I joined the company only for green card, I was a consultant for them before I became full time. They told me this 'We will sponsor green card, will you become full time' I said if you do green card I will join. But they did not keep their promise. Thatis give and take. They already gained from their investment, Thats y they dont want to sponsor anymore. They do green card for what we do for 6 years not for sticking with them for 20+ years.
if I was in my company shoes , I would not take the documents, drag for 2.5 years and say 'We found candidates' . I would have either said in 6 months sorry we cant do or file green card.One need to have honesty. If I am that smart likemy employer I would ve started a company already and firing H1 guys left n right
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danila
07-10 09:09 AM
Certainty is releated to belief not reality. It still means the name check was not completed. The law does not say they "when you are certain that the FBI name check can be cleared..please allot a visa."
Nowhere in that statement he says anything about the name check. It might be just the expired biometrics. And coming from some anonymous immigration officials how can you be sure that the information is absolutely credible or represents the facts and not their speculations? Were those applications really approved or they've just requested the visa numbers for them?
Nowhere in that statement he says anything about the name check. It might be just the expired biometrics. And coming from some anonymous immigration officials how can you be sure that the information is absolutely credible or represents the facts and not their speculations? Were those applications really approved or they've just requested the visa numbers for them?
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sushilup
07-11 12:49 PM
issue one year EAD and milk more money
source: www.immigration-law.com
07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste
The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.
source: www.immigration-law.com
07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste
The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.
grinch
03-14 02:55 PM
I'm kind of dissapointed people are voting due to realistic proportions... I wanted people to vote on artistic show
tonyHK12
02-10 10:41 AM
I have about 9500 miles in Delta.
As StarSun mentioned, we need a volunteer to maintain a spreadsheet of miles, accomodations for matching. Can someone take this up?
Can anyone suggest hotels and/or if already booked can you post those hotel name & locations?
Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?
As StarSun mentioned, we need a volunteer to maintain a spreadsheet of miles, accomodations for matching. Can someone take this up?
Can anyone suggest hotels and/or if already booked can you post those hotel name & locations?
Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?