lazycis
11-20 10:26 PM
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument
Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument
wallpaper INK: Dub Zero TATTOO - dub
tinkugadu
09-06 02:04 PM
Filed my labor July 12 and just got the approval. Category is EB-3 . It is from the atlanta center
TeddyKoochu
12-11 10:58 AM
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
My pain is similar to yours buddy mine also took 6 months to file. The VB is now an monthly sadness event, even my wife is waiting for EAD, in the current time its almost impossible to get a job if one needs sponsorship read H1, despite being well qualified and having work experience. Also if we have EAD you probably would not have to go through H1B Extension (RFE's), I had to undergo this as well, fortunately my stamping was smooth. Until our day comes we just have to wait, I think the only chance is the new proposed 485 filing procedure when its implemented.
My pain is similar to yours buddy mine also took 6 months to file. The VB is now an monthly sadness event, even my wife is waiting for EAD, in the current time its almost impossible to get a job if one needs sponsorship read H1, despite being well qualified and having work experience. Also if we have EAD you probably would not have to go through H1B Extension (RFE's), I had to undergo this as well, fortunately my stamping was smooth. Until our day comes we just have to wait, I think the only chance is the new proposed 485 filing procedure when its implemented.
2011 Vampire Knight Zero Tattoo
gc28262
08-23 10:01 AM
Read the definition of EB-2, and its sub-classification for Advanced Degree, Exception abilities and National Interest Waiver.
I agree.
Here is INA 203(2)A:
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.
I agree.
Here is INA 203(2)A:
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.
more...
badluck
07-06 12:59 PM
My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.
vgayalu
04-25 11:05 AM
Yes . It is nice proposal to take the arrival date as priority date.
Some guys are applying from different states than where they work or living and get processed very quickly. some states are being delayed. So Taking the arrival date as priority date is genuine and fair.
:)
Some guys are applying from different states than where they work or living and get processed very quickly. some states are being delayed. So Taking the arrival date as priority date is genuine and fair.
:)
more...
stucklabor
08-15 01:34 PM
All,
Some persuasive articles have been written.
However, we intend to submit these as Op-Eds. In general, Op-Eds are more effective and more likely to be accepted when they are written in the first person. There is really no need to go into the various minutiae of the legal immigration system. Also, please try not to use form names like I485, or other technical terms like priority date, retrogression etc. It is probably best to use a generic term like 'backlog'. The newspaper editors - and the normal reader - are looking for how the broken system affected you, gentle writer. The very first article in this whole thread was really the best one since it was written from the first person and brought a face, a personality to paper.
My 2c.
Some persuasive articles have been written.
However, we intend to submit these as Op-Eds. In general, Op-Eds are more effective and more likely to be accepted when they are written in the first person. There is really no need to go into the various minutiae of the legal immigration system. Also, please try not to use form names like I485, or other technical terms like priority date, retrogression etc. It is probably best to use a generic term like 'backlog'. The newspaper editors - and the normal reader - are looking for how the broken system affected you, gentle writer. The very first article in this whole thread was really the best one since it was written from the first person and brought a face, a personality to paper.
My 2c.
2010 Zero Tattoo
muni_k
06-10 11:10 AM
snhn
what is a DWI?thanks.
what is a DWI?thanks.
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hpandey
06-11 10:43 AM
In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.
I agree with you buddy. At least USCIS has removed uncertainity from the visa bulletin which is in one way a good thing. Now at least no one would keep a thread open every month for next month's prediction.
I still have a hope that anything can happen . Being pessimistic never helped anyone. Look what happened at the end of the 80's when all the illegals were given GC and how visa recapture happened in 2000. You never know what the future holds.
I agree with you buddy. At least USCIS has removed uncertainity from the visa bulletin which is in one way a good thing. Now at least no one would keep a thread open every month for next month's prediction.
I still have a hope that anything can happen . Being pessimistic never helped anyone. Look what happened at the end of the 80's when all the illegals were given GC and how visa recapture happened in 2000. You never know what the future holds.
hair Zero#39;s Tattoo v2.0 by
Gravitation
09-29 01:30 AM
2009 is VERY OPTIMISTIC. Why would a new administration take up "touchy" issue like immigration in its 1st year (2009)? Least we can expect is 2010 IF NOTHING HAPPENS BY MID NOVEMBER - Congress goes to recess for the year.The window of opportunity is short!
2010 is again an election year. As they say, things happen in DC only in "odd" years. It could be 2009, 2011, 2013... who knows.
If I don't get my GC till 2015... I'm really gonna do something about it!! There's a limit to everything, damn it.:mad:
Gravitation
PS: Disclaimer: for the simple minded ones: my last sentence is sarcastic humor... not a reality... clarifying further... because, I'm already active... not because I'm not gonna do anything even in 2015. Amen.
2010 is again an election year. As they say, things happen in DC only in "odd" years. It could be 2009, 2011, 2013... who knows.
If I don't get my GC till 2015... I'm really gonna do something about it!! There's a limit to everything, damn it.:mad:
Gravitation
PS: Disclaimer: for the simple minded ones: my last sentence is sarcastic humor... not a reality... clarifying further... because, I'm already active... not because I'm not gonna do anything even in 2015. Amen.
more...
kumarc123
09-10 04:10 PM
I agree 100% too. Just feel so helpless.
After reading all your comments, I reached to a conclusion
We all are being fooled and frusturated by USCIS.
Now the question is, what are we going to do about it, keep complaining and whinning about it, or do something constructive.
Well I believe when we are all so knowledgabel about USCIS efficiency, what do we do next?
Well lets give out a big shout to something big, get some media attention and put pressure on USCIS. Unless we still choose to visit IV to express our frusturations and then logg of this webiste and continue to our daily cores.
Lets just wake up for one more time, and do something big, phone calls, faxes does not give us a public exposure, what we need now is public exposure, I have have been saying this for a while but no one seems to give an important consideration. Right now media attantion is in DC, and we can use that in our own advantage.
Thanks
After reading all your comments, I reached to a conclusion
We all are being fooled and frusturated by USCIS.
Now the question is, what are we going to do about it, keep complaining and whinning about it, or do something constructive.
Well I believe when we are all so knowledgabel about USCIS efficiency, what do we do next?
Well lets give out a big shout to something big, get some media attention and put pressure on USCIS. Unless we still choose to visit IV to express our frusturations and then logg of this webiste and continue to our daily cores.
Lets just wake up for one more time, and do something big, phone calls, faxes does not give us a public exposure, what we need now is public exposure, I have have been saying this for a while but no one seems to give an important consideration. Right now media attantion is in DC, and we can use that in our own advantage.
Thanks
hot Zero#39;s Tattoo by
guy03062
03-15 07:52 AM
03/15/2006: Possible Full Senate Debate Mark-Up Beginning From March 20, 2006
An unconfirmed sources of information has just released a report that the Sen. Bill Frist, Majority Leader is pushing a two-week full Senate floor debate beginning from March 20, 2006 rather than March 27, 2006. This report is indirectly supported by another news that the Senate Judiciary Committee is pressed to extend their additional mark-up on Friday, March 17 to finish up the Committee action before the end of the week.
03/15/2006: Senate Judiciary Committee Update: Additional Mark-Up Friday, 03/17/2006
Senate Judiciary Committee is scheduled to pickup the Sen. Specter's Mark of the Comprehensive Immigration Reform bills today. Initially it was scheduled for two days, March 15 and March 16, but the AILA has just obtained the information that the Committee has tentatively extended the mark-up on March 17, Friday as well in order to finish up this business within this week. As we reported earlier, the Committee has been working on a tight schedule because of the pressure from Senator Frist, the Majority Leader of the Senate to start debate on the Comprehensive Immigration Reform in the Senate beginning from March 27, 2006.
Now is the time for everyone to pickup the phone or send emails to the Senate Judiciary Committee members to urge them to support the bills. Otherwise it will be too late.
Source: http://www.immigration-law.com/
An unconfirmed sources of information has just released a report that the Sen. Bill Frist, Majority Leader is pushing a two-week full Senate floor debate beginning from March 20, 2006 rather than March 27, 2006. This report is indirectly supported by another news that the Senate Judiciary Committee is pressed to extend their additional mark-up on Friday, March 17 to finish up the Committee action before the end of the week.
03/15/2006: Senate Judiciary Committee Update: Additional Mark-Up Friday, 03/17/2006
Senate Judiciary Committee is scheduled to pickup the Sen. Specter's Mark of the Comprehensive Immigration Reform bills today. Initially it was scheduled for two days, March 15 and March 16, but the AILA has just obtained the information that the Committee has tentatively extended the mark-up on March 17, Friday as well in order to finish up this business within this week. As we reported earlier, the Committee has been working on a tight schedule because of the pressure from Senator Frist, the Majority Leader of the Senate to start debate on the Comprehensive Immigration Reform in the Senate beginning from March 27, 2006.
Now is the time for everyone to pickup the phone or send emails to the Senate Judiciary Committee members to urge them to support the bills. Otherwise it will be too late.
Source: http://www.immigration-law.com/
more...
house Update: Zero Tattoo now
indio0617
03-09 12:28 PM
Guys a little confused.
How does removing the cap from Schedule A, benefit the rest of us?
Nurses from India, Phi also eat up EB3 numbers beyond their alloted .... My understanding is that they will not compete for any eB3 numbers after this...
How does removing the cap from Schedule A, benefit the rest of us?
Nurses from India, Phi also eat up EB3 numbers beyond their alloted .... My understanding is that they will not compete for any eB3 numbers after this...
tattoo Zero Tattoo Porn by
eb3_nepa
07-14 01:33 PM
Subway sandwich and that too a FOOTLONG.....so get going to mail those checks.
$5 gives you:
1 subway sandwich FOOT long but may also give you
1 Green Card LIFE long
$5 gives you:
1 subway sandwich FOOT long but may also give you
1 Green Card LIFE long
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pictures about getting a tattoo?
Caliber
03-12 11:05 AM
It is very easy to contradict or find errors.
No body is getting paid here to have a tester test it. Yes I like the idea of donor for paid members. There are 31000 members not even 2500 members are contributing. This is one way of making them pay for the services or the info you get from the forum.
I support you reddymjm. It is easy to criticize. Every one should understand this. I was supporting paid forums from the begining. Nothing comes FREE in this world.
Many of my known people who are paid as much as me or even more do not even think of contributing any amount. But they keep questioning when do we get green cards.
We were habituated to criticize others as we were grown to spoon feed by our parents.
I support IV on this.
No body is getting paid here to have a tester test it. Yes I like the idea of donor for paid members. There are 31000 members not even 2500 members are contributing. This is one way of making them pay for the services or the info you get from the forum.
I support you reddymjm. It is easy to criticize. Every one should understand this. I was supporting paid forums from the begining. Nothing comes FREE in this world.
Many of my known people who are paid as much as me or even more do not even think of contributing any amount. But they keep questioning when do we get green cards.
We were habituated to criticize others as we were grown to spoon feed by our parents.
I support IV on this.
dresses Vampire+Knight: Zero#39;s Tattoo
vkannan
03-06 05:33 PM
Few observations based on thread postings
1) Last year around this same time not many RFE/LUD were seen.
2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.
Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.
Just my observation. Any input is appreciated.
To keep the HOPE high;) One more point to consider , remember a month back there was a information going around on the # of Cards ordered by USCIS? Man, all these crazy things going around with
a) LUDs
b) Name Check 180 days rule
c) # of Cards ordered etc etc., etc., is making ppl. more anxious.....
1) Last year around this same time not many RFE/LUD were seen.
2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.
Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.
Just my observation. Any input is appreciated.
To keep the HOPE high;) One more point to consider , remember a month back there was a information going around on the # of Cards ordered by USCIS? Man, all these crazy things going around with
a) LUDs
b) Name Check 180 days rule
c) # of Cards ordered etc etc., etc., is making ppl. more anxious.....
more...
makeup Zero#39;s Tattoo PVC Keychain
leo2606
07-14 08:17 PM
I guess we need to bump until the Admins make it sticky.
girlfriend Zero#39;s Tattoo by ~AngelFire103
la6470
03-07 12:44 PM
Everyone feel like giving up but none of us give up :)
I think all of us gave up - i.e gave up on our home country when we decided to settle here- there is nothing more to give up .. we are all just waiting passively for whatever destiny (USCIS and the economoy) has to hand it to us........... there is nothing to give up because nothing was yours from the beginning and nothing you will take with you when it is time to go.
I think all of us gave up - i.e gave up on our home country when we decided to settle here- there is nothing more to give up .. we are all just waiting passively for whatever destiny (USCIS and the economoy) has to hand it to us........... there is nothing to give up because nothing was yours from the beginning and nothing you will take with you when it is time to go.
hairstyles Zero Kiryu Tattoo - Zero,
anujcb
03-15 11:24 AM
did it start yet? any updates?
sidbee
08-13 06:30 PM
If anybody thinks that he can file a lawsuit against EB3 to EB2 porting , and he will win , I am pretty sure he is wrong , He is just talking from his heart.
EB3 is screwed, and we have nothing other than hope , Wait Wait Wait.
There is no use for EB3 to be sad , and unhappy.Enjoy your days here and work here till you want to , if u have to leave US leave US.
Que Sera Sera..
I am not a lawyer and this doesn't constitute as a legal advice.
EB3 is screwed, and we have nothing other than hope , Wait Wait Wait.
There is no use for EB3 to be sad , and unhappy.Enjoy your days here and work here till you want to , if u have to leave US leave US.
Que Sera Sera..
I am not a lawyer and this doesn't constitute as a legal advice.
WeShallOvercome
07-05 01:52 PM
Good job pcs !!
I'll take my family to the congressman's office and the documents that you suggested. We can not sit quiet now!
I met the local office of my Congressman with the following documents to make it easy & simple..
A copy of the Congresswoman Lofgren's letter written to USCIS etc ( download it from IV homepage )
A copy of Today ( July 5th ) Wall Street Journal . This issue has story about this fiasco.
Downloaded news flash from Murthy.com regarding Visa bulletins of 13th June & the screwup bulletin on 2nd July
Above was good enough to convince them regarding the mess & they promised action on their part..
IMPORTANT... I clarified that IT IS A PROCEDURAL ISSUE WITH USCIS
NOT AN IMMIGRATION ISSUE WHERE CONGRESS HAS TO TAKE ACTION
This really made them very comfortable as she said, we keep writing to concerned offices about procedural matters.
I told them that they should ask USCIS to " RECEIVE" aour applications to minimize our finanacial loss and other headache of refiling at a later date
Please note, it is real easy to meet the Congressman as they have local offices may be one mile away from your office or home.
Small towns like mine are great for this effort as compared to big towns. I encourage all of you particularly living in small towns to make this small move, which I am sure can resolve our issue & we will save all the $$$ in refiling & avoid further agony
Since your butt is on fire like mine.... I do not think I need to convince you to act on this
Best wishes
I'll take my family to the congressman's office and the documents that you suggested. We can not sit quiet now!
I met the local office of my Congressman with the following documents to make it easy & simple..
A copy of the Congresswoman Lofgren's letter written to USCIS etc ( download it from IV homepage )
A copy of Today ( July 5th ) Wall Street Journal . This issue has story about this fiasco.
Downloaded news flash from Murthy.com regarding Visa bulletins of 13th June & the screwup bulletin on 2nd July
Above was good enough to convince them regarding the mess & they promised action on their part..
IMPORTANT... I clarified that IT IS A PROCEDURAL ISSUE WITH USCIS
NOT AN IMMIGRATION ISSUE WHERE CONGRESS HAS TO TAKE ACTION
This really made them very comfortable as she said, we keep writing to concerned offices about procedural matters.
I told them that they should ask USCIS to " RECEIVE" aour applications to minimize our finanacial loss and other headache of refiling at a later date
Please note, it is real easy to meet the Congressman as they have local offices may be one mile away from your office or home.
Small towns like mine are great for this effort as compared to big towns. I encourage all of you particularly living in small towns to make this small move, which I am sure can resolve our issue & we will save all the $$$ in refiling & avoid further agony
Since your butt is on fire like mine.... I do not think I need to convince you to act on this
Best wishes
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