saro28
09-09 08:43 PM
Do you think the birth certificate from Indian consulate ( here in US) are acceptable?
Did you try that option?
Did you try that option?
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ashmeetk
07-12 03:21 PM
says you are exempt from cap if you held H1B status anytime in the last 6 year
Are you exempted from cap if you were on H1B in last 6 years or your received your H1 B in past 6 years?
I was on H1B from feb 2001 to Aug 2004 and then moved to F2 and then H4 Will I still be exempted from cap though my initial H1 has been more than 6 years old.
Thanks for help
Are you exempted from cap if you were on H1B in last 6 years or your received your H1 B in past 6 years?
I was on H1B from feb 2001 to Aug 2004 and then moved to F2 and then H4 Will I still be exempted from cap though my initial H1 has been more than 6 years old.
Thanks for help
mrajatish
05-21 12:34 PM
How about making sure individuals do not get the original PD when they use labor substitution. This will stop illegal labor trade and help a lot of us.
An USCIS memo in mid 1990's had this:
The memo (priority dates retrogression) of Mr. Rajiv S.Khanna states that beneficiary of substituted labor certificate would get the same priority date.
I was just searching uscis.gov and I found this very interesting !
Now the question is: Who is wright?
Check this out!
d) Priority date. * * * If the United States employer substitutes another alien on a labor certification, the priority date shall be the date the employer requests the substitution.
" The Service has concluded that it is unfair to other aliens who seek to immigrate to the United States on employment-based petitions if the substituted alien gains the priority date of the original alien beneficiary, since those aliens would receive a later priority date than a substituted alien. Currently, in certain employment-based immigrant categories, such as the third preference "other worker" category, an alien who benefits from a labor certification substitution can immigrate ahead of another alien who has been waiting for an immigrant visa for several years. Not only would allowing substituted aliens to receive the earlier priority date be unfair to other intending immigrants, it would also be contrary to the Service's policy of assigning a priority date to the alien rather than to the employer (see 8 CFR 204.5(e)).
Providing a priority date based on an employer's substitution of a labor certification beneficiary also carries the potential for fraud and abuse. Continuing this practice may encourage the creation of a market for labor certifications, particularly in categories in which there is a lengthy wait to receive an immigrant visa. For instance, it is conceivable that the original alien beneficiary might be induced to engage in the fraudulent practice of selling his or her status as a labor certification beneficiary to a substituted alien.
The Service, therefore, proposes to set the priority date for an alien who has been substituted for another alien on a labor certification as the date the employer requested the substitution. This proposed rule will be fair to other aliens who apply under employment-based immigrant categories, and would be consistent with the Service's policy of according a priority date to the alien rather than to the employer, thereby eliminating an inducement to commit fraud.
An USCIS memo in mid 1990's had this:
The memo (priority dates retrogression) of Mr. Rajiv S.Khanna states that beneficiary of substituted labor certificate would get the same priority date.
I was just searching uscis.gov and I found this very interesting !
Now the question is: Who is wright?
Check this out!
d) Priority date. * * * If the United States employer substitutes another alien on a labor certification, the priority date shall be the date the employer requests the substitution.
" The Service has concluded that it is unfair to other aliens who seek to immigrate to the United States on employment-based petitions if the substituted alien gains the priority date of the original alien beneficiary, since those aliens would receive a later priority date than a substituted alien. Currently, in certain employment-based immigrant categories, such as the third preference "other worker" category, an alien who benefits from a labor certification substitution can immigrate ahead of another alien who has been waiting for an immigrant visa for several years. Not only would allowing substituted aliens to receive the earlier priority date be unfair to other intending immigrants, it would also be contrary to the Service's policy of assigning a priority date to the alien rather than to the employer (see 8 CFR 204.5(e)).
Providing a priority date based on an employer's substitution of a labor certification beneficiary also carries the potential for fraud and abuse. Continuing this practice may encourage the creation of a market for labor certifications, particularly in categories in which there is a lengthy wait to receive an immigrant visa. For instance, it is conceivable that the original alien beneficiary might be induced to engage in the fraudulent practice of selling his or her status as a labor certification beneficiary to a substituted alien.
The Service, therefore, proposes to set the priority date for an alien who has been substituted for another alien on a labor certification as the date the employer requested the substitution. This proposed rule will be fair to other aliens who apply under employment-based immigrant categories, and would be consistent with the Service's policy of according a priority date to the alien rather than to the employer, thereby eliminating an inducement to commit fraud.
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sivaji2007
03-28 09:00 PM
Many thanks for IV to get this fixed for students. I am student member of IV since 2007.
I have posted this message in other forums and urged the student community to join IV.
IV rocks!
Balan
Until now, the student community and the OPT community felt that IVs goals were not in sync with them.
OPT is now being considered to be extended for 29 months. This is a big boost for students who want to pursue their American dream.
So, if you are a student or an OPT candidate, you are definitely benefitted by this move.
This is a call for all students/OPT to unite under IV umbrella. Please sign on this thread and pledge your support to IV. Spread the message among your community. Urge everyone to join IV. Start getting active on IV. Most of you are young talented folks from all over the world, and your talent and freshness will keep IV going strong.
So join IV now and join your State chapters. Spread the message among your friends.
I have posted this message in other forums and urged the student community to join IV.
IV rocks!
Balan
Until now, the student community and the OPT community felt that IVs goals were not in sync with them.
OPT is now being considered to be extended for 29 months. This is a big boost for students who want to pursue their American dream.
So, if you are a student or an OPT candidate, you are definitely benefitted by this move.
This is a call for all students/OPT to unite under IV umbrella. Please sign on this thread and pledge your support to IV. Spread the message among your community. Urge everyone to join IV. Start getting active on IV. Most of you are young talented folks from all over the world, and your talent and freshness will keep IV going strong.
So join IV now and join your State chapters. Spread the message among your friends.
more...
kumar1
06-14 03:03 PM
God bless Raj. I am not sure if every story ends like this particular one.
Refer this:
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
Refer this:
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
calaway42
10-20 02:41 AM
i found painter 5.. sounds alrite?
more...
optimystic
04-06 11:41 PM
there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.
I can't say how much weight this statment holds...
I mean, there are ongoing discussions in other posts about some employers reluctant to accept EAD holders (willing to use AC21) since they may have to do some amount of 'sponsorship' for such people and suggestions that these people claim that they don't need any 'sponsorship' theoretically from the employers ...they can file EAD extensions themselves.....
In light of that it seems as if once you invoke AC21 you can choose to support your I-485 status & EAD, attorneys etc completely yourself, and thus the concept of 'sposoring employer' totally vanishes.
Its possible that USCIS can still hold you to the (diluted)intent of "continuing to work in the same job role as originally claimed in I-140/I-485" for a general period of time after getting GC, but not necessarily stick with the same current employer. The AC21 invokers already cut themselves off from the original sponsor....doesn't make much sense to force them to stick to current employer, who may or may not have sponsored anything at all towards the employee's GC.
So AC21 invokers get a degree of freedom ( --can't tell what level of freedom though, with the impending restrictions possibly in future in AC21 -- ) regarding showing the *original intent* after getting GC.
And since people stuck with same original sponsoring employer and get GC while still with them, can not invoke AC21 after getting GC to port their "original intent", it seems they would continue to be stuck with the same employer for 6-12 more months (unless fired/laid off of course, in which case one becomes a free bird :) )
[Not sure if I put my line of thiking properly in the above paragraphs...if you get confused, please ignore the post :) . It would definitely have been worse, if I tried to speak , rather that write this :D )
I can't say how much weight this statment holds...
I mean, there are ongoing discussions in other posts about some employers reluctant to accept EAD holders (willing to use AC21) since they may have to do some amount of 'sponsorship' for such people and suggestions that these people claim that they don't need any 'sponsorship' theoretically from the employers ...they can file EAD extensions themselves.....
In light of that it seems as if once you invoke AC21 you can choose to support your I-485 status & EAD, attorneys etc completely yourself, and thus the concept of 'sposoring employer' totally vanishes.
Its possible that USCIS can still hold you to the (diluted)intent of "continuing to work in the same job role as originally claimed in I-140/I-485" for a general period of time after getting GC, but not necessarily stick with the same current employer. The AC21 invokers already cut themselves off from the original sponsor....doesn't make much sense to force them to stick to current employer, who may or may not have sponsored anything at all towards the employee's GC.
So AC21 invokers get a degree of freedom ( --can't tell what level of freedom though, with the impending restrictions possibly in future in AC21 -- ) regarding showing the *original intent* after getting GC.
And since people stuck with same original sponsoring employer and get GC while still with them, can not invoke AC21 after getting GC to port their "original intent", it seems they would continue to be stuck with the same employer for 6-12 more months (unless fired/laid off of course, in which case one becomes a free bird :) )
[Not sure if I put my line of thiking properly in the above paragraphs...if you get confused, please ignore the post :) . It would definitely have been worse, if I tried to speak , rather that write this :D )
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mckottayam
05-02 06:07 PM
We came back yesterday May 1st, my wife's stamp is only until May 31st and mine until Aug 30th but we had the extended approval notices. Both H1s. We both got stamped until the end of the extension date on the I 797. I don't think you'll have any problem.
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deardar
09-14 03:41 PM
i meant the quality was like, that perhaps my computer is messing it up
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jai_immigration
04-30 03:51 PM
I have done interfiling myself with PD of March 2000, no luck yet. Interfile is a matter of luck, there is no guarantee that the letter you send will reach your file. Also USCIS does not give any confirmation that received your interfile and will transfer the PD. All depends on when they process your case and see your interfile, they may take action.
I had sent my interfile January sent by Fax and also by Fedex, followed up with a phone call numerous times. Not discouraging, but wanted to share my experience.
I had sent my interfile January sent by Fax and also by Fedex, followed up with a phone call numerous times. Not discouraging, but wanted to share my experience.
more...
vikram_singh
07-27 01:02 PM
Wow, never thought you people would like it:-)
Now you have set the bar high, I will try to maintain the website with any feedback that you provide. So let the feedback rolling, specially if you see any issues or would want something new.
You can also leave feedback at http://immisearch.blogspot.com/
-Vikram
Now you have set the bar high, I will try to maintain the website with any feedback that you provide. So let the feedback rolling, specially if you see any issues or would want something new.
You can also leave feedback at http://immisearch.blogspot.com/
-Vikram
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chanduv23
04-27 10:15 AM
Ok, lets ignore or shut this down.
more...
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sargon
07-12 03:48 PM
May be you should not keep two spouses. Sounds kinda risky.
Just kidding. The title of the thread goaded me into making a wisecrack.
Just kidding. The title of the thread goaded me into making a wisecrack.
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Escape_Velocity
09-23 07:57 PM
You can join the new employer either on H1 or EAD, though keep in mind both these options are mutually exclusive...
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americandesi
08-11 06:32 PM
On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1’s or GC’s.
On rare occasions, USCIS revokes previously approved GC’s in case of fraud.
Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.
On rare occasions, USCIS revokes previously approved GC’s in case of fraud.
Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.
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gcwait2007
07-20 11:26 AM
Another simple option - Enjoy some time with her, take her to different places and forget about this craziness that is going around. After marriage, man, believe me, you will get enough time to browse through immigration related web site.
Nice suggestion, buddy :p
New Delhi Embassy still have Aug 2007 dates available
Nice suggestion, buddy :p
New Delhi Embassy still have Aug 2007 dates available
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Alien
02-09 11:22 PM
Is Canada an option? Its a safe bet to get it stamped in Canada.You will get your passport back the same day or the next. You shouldnt have any problem related to transit visa as long as you stay inside the airport.Check with the respective consulates.
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satyasaich
02-10 09:24 AM
First of all, you can go any consulate in india, which ever gives you earliest date.
Nowadays, one can get a visa appointment within 10days. But have you asked someone in india to pay Rs.4600 in HDFC bank towards visa appointment? You have to send the first 2 pages of your passport (scan & email or fax) so that someone can carry that to HDFC to fill the application. It takes 2 days to get activated in the system. THEN ONLY, you can go online and provide all the details, look for dates available. Once you select the option of "citizen of india, but working in US" it opens up option to chose from any of the 4 consulates.
Most important thing is YOU MUST carry the original HDFC bank receipt (yellow colour) alongwith your appointment letter (downloaded) and passport.
Make sure that YOU WILL take the print out of the application (2 sides of the same page). Yes even in delhi also, you can take your passport personally on the next day at VFS office (somewhere in delhi). but to do so, you MUST present the pink copy of the HDFC receipt
Good Luck
Thanks everybody for your suggestions. Unfortunately canada is not a option. I have sent an email to Chennai consulate for emergency appointment request. Have to wait and see how it goes. Will update you all with any information I find out.
Thanks
Nowadays, one can get a visa appointment within 10days. But have you asked someone in india to pay Rs.4600 in HDFC bank towards visa appointment? You have to send the first 2 pages of your passport (scan & email or fax) so that someone can carry that to HDFC to fill the application. It takes 2 days to get activated in the system. THEN ONLY, you can go online and provide all the details, look for dates available. Once you select the option of "citizen of india, but working in US" it opens up option to chose from any of the 4 consulates.
Most important thing is YOU MUST carry the original HDFC bank receipt (yellow colour) alongwith your appointment letter (downloaded) and passport.
Make sure that YOU WILL take the print out of the application (2 sides of the same page). Yes even in delhi also, you can take your passport personally on the next day at VFS office (somewhere in delhi). but to do so, you MUST present the pink copy of the HDFC receipt
Good Luck
Thanks everybody for your suggestions. Unfortunately canada is not a option. I have sent an email to Chennai consulate for emergency appointment request. Have to wait and see how it goes. Will update you all with any information I find out.
Thanks
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GCBy3000
12-28 12:56 PM
My friend who filed his 485 in June, got his GC two months back. His PD was 2001. How did he get his GC within 3 months of filing 485 when the 485 processing time not even showed June 07 till now?
These dates are for mere reporting purposes. I think even if they have one application with 1999 date, they might show 1999 as processing date. With my experience with these dates and USCIS, I cannot figure out the rationale behind these reports from USCIS. Someone might be sitting there in USCIS with 20-30 randomn dates and play inky... pinky...ponky... father ...has a.. donkey... bla bla bla and then pick a date for this report. All BS.
These dates are for mere reporting purposes. I think even if they have one application with 1999 date, they might show 1999 as processing date. With my experience with these dates and USCIS, I cannot figure out the rationale behind these reports from USCIS. Someone might be sitting there in USCIS with 20-30 randomn dates and play inky... pinky...ponky... father ...has a.. donkey... bla bla bla and then pick a date for this report. All BS.
jai_immigration
12-21 08:41 PM
NRI Investing in Stocks India:
Wanted to know if any of you have been able to successfully Invest in Stocks/Mutual funds in Indian Market on a Repatriable basis. If so please share your experience and which brokerage you have used.
I have tried to contact various Indian brokerages like ICICIDirect, HDFC, Kotak...All say that they do not take NRI's from USA for a Brokerage account. No idea what the reason is. Please share your experience.
Wanted to know if any of you have been able to successfully Invest in Stocks/Mutual funds in Indian Market on a Repatriable basis. If so please share your experience and which brokerage you have used.
I have tried to contact various Indian brokerages like ICICIDirect, HDFC, Kotak...All say that they do not take NRI's from USA for a Brokerage account. No idea what the reason is. Please share your experience.
eb3_nepa
01-08 04:36 PM
The H4 to H1 applied in 2006 quota is very slow.Some cases are getting approval even in jan(one of my friends wife got approval last week).
No rule yet to exempt H4 from H1 quota.
Hi,
Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?
No rule yet to exempt H4 from H1 quota.
Hi,
Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?
