indio0617
12-20 01:41 PM
Hi everyone,
I read the memo in details as it directly applies to my wife's ability to work and my ability to extend H1. Here is the analysis (I have excluded L visa part). But before that, I would like to acknowledge the works of this "the" person. They dont know how much their post means to others. Thank you so much for digging this out.
1) Husband H1, wife H4 (or vice versa) in 7th year. Wife can now work on a new H1. Her H1 will be valid for a new six year period. She can start work on 1st October 2007 if this is her first H1 and is aproved.
2) If wife had old H1, and say she worked for 1 year and stopped after completing 6 years on H1+H4. She can now transfer old H1 and work for 5 more years.
3) Say, wife starts work and husband loses job. Wife is now H1 and husband is on H4 - they can continue like this till wife's H1 validity period or till the family's GC is approved.
4) Husband H1 + wife H4 in 7th year (assuming GC in progress) and leave the country and stay outside USA. Husband gets transfer back to USA OR gets a new job in USA. Husaband or wife not in any H or L status at this time. They can still use the old H1 and GC process dates to get H1 extension for old H1.
5) H1 employee worked for 2 years and left USA. At any time (not just October), he can use old H1 for transfer and continue for 4 more years OR he can opt for a new 6 year period after 1 year stay outside USA.
Other provisions are for L1/L2 (which I skipped) and for preventing fraud when a person gets H1 and parks his family in US but the person remains outside USA. The memo states that H4 members should be in USA only to accompany the H1 member (provided H1 is in USA and in valid state).
Hope this helps to all. If you have read the memo and if you have anything to add please do so. This is probably the only positive news for H1, H4, GC this year.
Nilcritz:
Very precise analysis. Thanks for posting this one.
I read the memo in details as it directly applies to my wife's ability to work and my ability to extend H1. Here is the analysis (I have excluded L visa part). But before that, I would like to acknowledge the works of this "the" person. They dont know how much their post means to others. Thank you so much for digging this out.
1) Husband H1, wife H4 (or vice versa) in 7th year. Wife can now work on a new H1. Her H1 will be valid for a new six year period. She can start work on 1st October 2007 if this is her first H1 and is aproved.
2) If wife had old H1, and say she worked for 1 year and stopped after completing 6 years on H1+H4. She can now transfer old H1 and work for 5 more years.
3) Say, wife starts work and husband loses job. Wife is now H1 and husband is on H4 - they can continue like this till wife's H1 validity period or till the family's GC is approved.
4) Husband H1 + wife H4 in 7th year (assuming GC in progress) and leave the country and stay outside USA. Husband gets transfer back to USA OR gets a new job in USA. Husaband or wife not in any H or L status at this time. They can still use the old H1 and GC process dates to get H1 extension for old H1.
5) H1 employee worked for 2 years and left USA. At any time (not just October), he can use old H1 for transfer and continue for 4 more years OR he can opt for a new 6 year period after 1 year stay outside USA.
Other provisions are for L1/L2 (which I skipped) and for preventing fraud when a person gets H1 and parks his family in US but the person remains outside USA. The memo states that H4 members should be in USA only to accompany the H1 member (provided H1 is in USA and in valid state).
Hope this helps to all. If you have read the memo and if you have anything to add please do so. This is probably the only positive news for H1, H4, GC this year.
Nilcritz:
Very precise analysis. Thanks for posting this one.
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mbartosik
02-10 06:24 PM
Got another 33 in hand, total 43, more to come
Tip: recruit friends and strangers to get more from their work places and mail back to you.
Tip: recruit friends and strangers to get more from their work places and mail back to you.
andy garcia
06-05 01:09 PM
(d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
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GCwaitforever
11-16 02:53 PM
This is relevant because some of us have EAD which is legal authorization to work (restricted though) or spouses have EADs (unrestricted). Placing barriers like US citizens only or Greencard holders only is discriminatory.
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GCNaseeb
09-09 07:00 PM
Though the website says sold out, I called just now and got a queen room for 109+tax for one night 17th. Thanks for the help.
I just called and the guy said he has the room ; he then started taking all my information and finally asked when I would arrive. I told him on 17th, 7:30am and he said " oh sorry we don't have any room, I thought you wanted it tomorrow"
So check it up again.
Also, if your room has 2 beds, can you share the room with me? We can split the bills and I needed a company too. I am trying to book a room but so far no luck. I still need to book a flight too. I am flying from Oakland on 16th night. Thanks
I just called and the guy said he has the room ; he then started taking all my information and finally asked when I would arrive. I told him on 17th, 7:30am and he said " oh sorry we don't have any room, I thought you wanted it tomorrow"
So check it up again.
Also, if your room has 2 beds, can you share the room with me? We can split the bills and I needed a company too. I am trying to book a room but so far no luck. I still need to book a flight too. I am flying from Oakland on 16th night. Thanks
johnamit
07-17 09:44 AM
Yes you are right, there is bound to have EAD flood in market, with spouses of hi-tech worker will come to market to search hi-tech job with spouse phone support. I have seen such cases countless times in past few years and yes they will be in future without exception. However, matter of fact, these fresh EAD (previous H4) don't get the dream job in first attempt, it takes good 2 year to find a similar job that H1b hitech worker does.
But thats the realty of market, every year new jobs are added and every year new job seekers join the crowd.
On the otherside, a hitech worker is suppose to always learning something new and getting his/her position more stronger everyday, its a knowledge market, whoever knows more gets better $$. With my 7yr US exp and total 10 yrs CS exp I have no scare that any single fresh EAD will come close to me. A senior is always a senior no matter which field you talk.
But thats the realty of market, every year new jobs are added and every year new job seekers join the crowd.
On the otherside, a hitech worker is suppose to always learning something new and getting his/her position more stronger everyday, its a knowledge market, whoever knows more gets better $$. With my 7yr US exp and total 10 yrs CS exp I have no scare that any single fresh EAD will come close to me. A senior is always a senior no matter which field you talk.
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Bpositive
05-09 11:24 PM
Now that you have green cards, you may have considered/thought about reentry permits.
Can you get multiple reentry permits i.e one 2 permit followed by a second 1 or 2 year permit?
Can you get multiple reentry permits i.e one 2 permit followed by a second 1 or 2 year permit?
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mygoodluck
08-15 02:24 PM
Duplicate application will definitely create problems I will told today by the USCIS rep. They don't recommend it at all and neither my lawyer. He has refused to re-file or will only re-file if I take the onus/responsibility of the result.
USCIS rep also informed me that as long as you have a tracking proof that you application was delivered, you should be able to refile after Aug17 also, in case application was not processed because it was lost or so.
USCIS rep also informed me that as long as you have a tracking proof that you application was delivered, you should be able to refile after Aug17 also, in case application was not processed because it was lost or so.
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vhd999
04-21 11:23 AM
My wife went to India last month on AP via Frankfurt without any visa. She faced no problems while going and coming back.
While coming back, at the Indian airports, they do check for the visa/ap/gc before they let you aboard.
I guess the confusion part is that the consulate's version of the visa requirements do not match the visa requirements enforced at the airports.
While coming back, at the Indian airports, they do check for the visa/ap/gc before they let you aboard.
I guess the confusion part is that the consulate's version of the visa requirements do not match the visa requirements enforced at the airports.
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appas123
09-06 08:47 AM
Good luck to all, with wishes for a Happy Diwali and a prosperous New Year.
ramee,
Here is what we did for the birth certificate RFE couple of years ago
1 - copy of 10th standard mark sheet with birth date on it
2 - copy of 12th standard mark sheet with birth date on it
3 - affidavit from two relatives on notarized paper stressing the date of birth, the relationship with the person in question, whether they witnessed the birth or in the hospital etc.
The four things (two marksheets and two affidavits) worked well for us. Good luck.
ramee,
Here is what we did for the birth certificate RFE couple of years ago
1 - copy of 10th standard mark sheet with birth date on it
2 - copy of 12th standard mark sheet with birth date on it
3 - affidavit from two relatives on notarized paper stressing the date of birth, the relationship with the person in question, whether they witnessed the birth or in the hospital etc.
The four things (two marksheets and two affidavits) worked well for us. Good luck.
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uma001
05-22 04:27 PM
This Jan 1,2007 date is another Joke by this lawmakers. These undocumented workers came crossing the border without any port of entry evidence. How can they prove they came before or after that date.
This date is for those people who try to ebcome illegal ( like us , now we are thinkign to become one). Now you cant become illegal becos of this cut off date.
This date is for those people who try to ebcome illegal ( like us , now we are thinkign to become one). Now you cant become illegal becos of this cut off date.
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FinalGC
03-26 11:50 AM
I sent an email about 2 weeks back to sanjay and I still have not recd any documents that I need to schedule my appointments and what I need to talk about. Please send me an email or PM to give me the guidance.
Thanks from Michigan
Thanks from Michigan
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GCInThisLife
07-19 03:07 PM
Thanks. she is still working for the same employer who sponsored her H1. Now, she needs to continue maintaining relation and continue working for them.
I am still worried though.. I read in this and other forums that USCIS may issue RFE asking for proof and if says medical leave, then asking for medical records etc.. So, better to prepare for some 'solid' answer with out any loopholes by being honest. I do not think lying would help and may lead to more troubles.
It means, if at all they have any doubts, they may issue RFE, but if you have a good relationship in responding to those RFEs using company letters etc, there is no problem. Good relation means, employer has to suppprt you always in case of any RFE, thats it. He needs stand on your side. Then there is no problem. But if he won't stand on your side, then it is a problem. So, thats why relation with employer is very important when on H1 or EB.
I am still worried though.. I read in this and other forums that USCIS may issue RFE asking for proof and if says medical leave, then asking for medical records etc.. So, better to prepare for some 'solid' answer with out any loopholes by being honest. I do not think lying would help and may lead to more troubles.
It means, if at all they have any doubts, they may issue RFE, but if you have a good relationship in responding to those RFEs using company letters etc, there is no problem. Good relation means, employer has to suppprt you always in case of any RFE, thats it. He needs stand on your side. Then there is no problem. But if he won't stand on your side, then it is a problem. So, thats why relation with employer is very important when on H1 or EB.
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hpandey
07-19 09:33 PM
Spindoc..
Even though your PD is current now it is almost like at the end of the line at 2006. I doubt that your GC will come soon in August - Sep timeframe unless you get real lucky ( with USCIS you never know ).
EB2 jumped two years for the Aug bulletin because DOS wants USCIS to utilize all the visa numbers. There is a high probability that it will retrogress to 2004 or maybe 2005 in October and then move as per visa availability.
I didn't want to sound pessimistic just realistic.
The only option I see is what has already been told above - H1 / H4
Even though your PD is current now it is almost like at the end of the line at 2006. I doubt that your GC will come soon in August - Sep timeframe unless you get real lucky ( with USCIS you never know ).
EB2 jumped two years for the Aug bulletin because DOS wants USCIS to utilize all the visa numbers. There is a high probability that it will retrogress to 2004 or maybe 2005 in October and then move as per visa availability.
I didn't want to sound pessimistic just realistic.
The only option I see is what has already been told above - H1 / H4
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aeroterp
05-29 04:48 PM
This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
That's not true. They will still process backlogged applications filed prior to the introduction of the bill. Considering the current backlog, none of the applications for FY2008 from India and China would have been considered during that period anyway. This would only matter if you were from a non-retrogressed country. As far as the points system is concerned, your priority date doesn't matter anyway as only your point score will be considered.
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
That's not true. They will still process backlogged applications filed prior to the introduction of the bill. Considering the current backlog, none of the applications for FY2008 from India and China would have been considered during that period anyway. This would only matter if you were from a non-retrogressed country. As far as the points system is concerned, your priority date doesn't matter anyway as only your point score will be considered.
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desi485
10-10 07:11 PM
There are many people from these Indian Outsourcing companies who are switching to US comanies or even to local desi bodyshopping companies for various reasons...Like the ones below
1) If you are in US onsite, there is no guarantee that you would be onsite for the prolonged period you want. When the business need arises, you will have to go back at short notice. Most of the people quit these companies in US due to that reason alone.
2) They don't process GCs in general (very limited cases....)
3) Chances are that one may make more money based on the skill-set
However, if people continue to believe that these companies are just sort of "glorified body shoppers", nothing stops them.
But outsourcing is increasingly preferred by US corporates & these outsourcing companies are only going to prosper.....
Just the fact that you make more money outside is a proof of underpay.
also I read few months back that out of some 70K SWITCH ppl in usa, they filed GC for less than 100 employees. Do you think only 100 out of some 70K H1B wanted GC??? Another proof that they do not want their employees to move ahead.
Any way you argue, the truth is SWITCH is a glorified bodyshopper.
and that too glorified in india by indian media, not by US media.
1) If you are in US onsite, there is no guarantee that you would be onsite for the prolonged period you want. When the business need arises, you will have to go back at short notice. Most of the people quit these companies in US due to that reason alone.
2) They don't process GCs in general (very limited cases....)
3) Chances are that one may make more money based on the skill-set
However, if people continue to believe that these companies are just sort of "glorified body shoppers", nothing stops them.
But outsourcing is increasingly preferred by US corporates & these outsourcing companies are only going to prosper.....
Just the fact that you make more money outside is a proof of underpay.
also I read few months back that out of some 70K SWITCH ppl in usa, they filed GC for less than 100 employees. Do you think only 100 out of some 70K H1B wanted GC??? Another proof that they do not want their employees to move ahead.
Any way you argue, the truth is SWITCH is a glorified bodyshopper.
and that too glorified in india by indian media, not by US media.
more...
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roseball
07-27 09:52 PM
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7474050822&m=3411020351&r=4691050351#4691050351
Not sure if nasir is bluffing...But a July 9th filer getting a receipt b4 the rest (July 2nd - July 8th) --- Something fishy isnt it?
Here is the content from the post on murthyforum, doesn't make any sense to me. Checkout text in bold...:confused:
Application Received on : 07/03/2007
Agency : Nebraska
Status : Delivered on 07/09/2007 :confused:
Case: EB3-India Jan 2004
Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.
Not sure if nasir is bluffing...But a July 9th filer getting a receipt b4 the rest (July 2nd - July 8th) --- Something fishy isnt it?
Here is the content from the post on murthyforum, doesn't make any sense to me. Checkout text in bold...:confused:
Application Received on : 07/03/2007
Agency : Nebraska
Status : Delivered on 07/09/2007 :confused:
Case: EB3-India Jan 2004
Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.
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guyfromsg
07-16 11:05 PM
expecting only to get EAD/AP near term and prepared to wait few years. I have PD of 2005 and don't mind waitin if I get EAD/AP benefits for myself and spouse.
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rajuseattle
05-12 11:26 AM
Pappu,
Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.
Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.
Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.
Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.
InTheMoment
12-03 04:28 PM
...and may I know what is bad in this ?!
I would say this is definitely good as 1.) They have acknowledged the issue AND 2.) acted upon it.
We will know the veracity of their actions as more people report of their NC getting cleared over the next few months.
I think (1) in the statement made by USCIS refers to "DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months" source: AILA Infonet
I would say this is definitely good as 1.) They have acknowledged the issue AND 2.) acted upon it.
We will know the veracity of their actions as more people report of their NC getting cleared over the next few months.
I think (1) in the statement made by USCIS refers to "DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months" source: AILA Infonet
redgreen
11-27 07:03 PM
Hi All FP seekers! I do not know what exactly I am missing if there is a delay in FP. It looks like hundreds of IV members are too much worried because of the 'delay' in FP. Let me worry too (by knowing the big problem!). Can any worriers explain??
On the other hand is it not better to have a late FP, so that you need not go again in the next 15 months! Anyway for most people GC is going to take years!
On the other hand is it not better to have a late FP, so that you need not go again in the next 15 months! Anyway for most people GC is going to take years!
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