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  • blondhenge
    05-22 09:25 AM
    I am new here and I have few questions to IV core members.

    Did we consider any other avenues find out is there any way out to influence DOS visa availability.

    How did Nurses was able to accomodate their visa numbers without any bills are ammendments ( I know there is lot of demand for nurses)

    you guys are doing a great job lobbying congressmen, but I think we should also consider finding out how current law if implemented properly can reduce the backlog and reduce retrogression.

    for example we should make sure 245i case should not effect our visa numbers, I belive we can work these hurdles while we wait for current immigration debate to complete.

    I called several senators last week and discussed with their immigration specialist, I got a feeling this debate is more about illegal aliens and about hispanic votes not many of them are considering legal aliens and issues.

    The visas for nurses and schedule A was the result of a bill passed around May 2005 which recaptured unsued visa numbers and gave them only to schedule a.





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  • waitnwatch
    07-17 08:36 PM
    The first part looks like a standard blurb.........The second part is the reply and you should be happy that they have taken cognizance of your situation. Hopefully you'll receive the fingerprinting notice in the mail soon.

    Good luck





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  • satyasaich
    07-21 09:14 AM
    When i was in a fortune 5 earlier in my career, Fragomen & Assc were my attorneys as well. Never had such thing in the past nor heard of it. By the way, thousands of people work from home in a company where i was also working from home till yesterday. ( today 7/21 i don't have a job due to EAD processing delays )
    it's just their inability to explain the business model. For example, if you are in IBM, they have only few offices in midwest and most of the people work from home & travel to client site based on necessity. Some of the positions ( suchas DBA / Unix Admin/ Web Admin etc;)doesn't even require presence at client location not even once in an year.
    That's how the business model is existing. just because some officers / clerks in USCIS doesn't understand / nor interpret properly the vebiage or context of law, it's their traning issue. worst case scenario, that's why we pay hefty amounts to so called 'immigration attorneys' to 'explain' the law & to work with USCIS officials to do the 'CORRECT' thing
    Normally my wife is the one who is used to post or follow up on the latest here.

    This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.

    Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.

    Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.

    Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.

    One other point the fragomen lawyer said is - this is going to be the case for all thier clients.





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  • shreekhand
    08-03 12:45 AM
    FYI - Those "guide lines" are known as CFR - Code of Federal Regulations based on US Code (The Law). There is not much they can do outside of a clear CFR.

    If the ROW numbers are not used up, they could be used for EB3/EB2 for India 9and China to some extent) at the end of the Fiscal year. All these AILF/AILA lawyers are saying there is no law for doing this.

    But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.



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  • garfield
    10-07 03:38 PM
    Do you have to wait until the dates become current to add a spouse or can an application be made to add the name right now?





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  • Dhundhun
    06-01 08:53 PM
    I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.

    If GC LCA salary is more than it is well planned by the employer. If you run away, at the time of GC you need to show a job with that higher salary other wise you may loose GC.

    Usually GC LCA salary is kept low. If some mishap happen, is will be easier to find a job with lower salary.



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  • freddyCR
    January 5th, 2005, 04:03 PM
    Fantastic shot, Freddy.......You have come into this forum with both guns-a-blazin' and your work is quite creative.

    OH.....can you get me a diet-Pepsi????
    Aw..:o Thanks, buddy. I've been in other forums, and I quite like this one, 'cause people are not afraid of saying what they think... that's the only way to improve





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  • perm2gc
    08-23 03:41 PM
    No, I do not have a EAD or AP. I did not apply for them. I am planning to keep extending my H1 and not get into the hassle of EAD and AP every year.
    When you have chance to use EAD and AP..it is always a good option as you can recapture time on H1 if something goes wrong in later stage of GC process

    1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?

    As long as you have valid visa stamp..no problem.(H1 aprroval will not make any effect.)

    2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.

    If you are entering after April2007 and your current visa is expired then you have get VISA STAMP otherwise you can enter on current visa


    3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007? Yes you can.

    Above replies are my personal views only.Please consult your immigration lawyer



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  • GotFreedom?
    07-23 05:28 PM
    It varies from state to state based upon which money pool is used to pay the beneficiaries, but it is wise to not to go for it. You will show up as social burden at the time of adjudication and may affect the IOs descision while granting you the AOS approval or not.

    Its my 2 cents. You may wanna talk to your attorney before even thinking about filing for such benefits.





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  • nat23
    03-14 07:51 PM
    after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold

    do not need an airport transit visa

    I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?

    You need an unexpired visa (approval notices wont work)



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  • sys_manus
    04-07 01:58 PM
    What makes you think skilled computer "operators" come only from reputed US universities???

    The problem is most of the visas are taken by indian bodyshops such as infosys, TCS, LT to bring underskilled computer operators to the US. Intel, MS and other good companies that hire from reputed US universities have hard time getting the visas due to the cap. The cap should work the other way round. 20K for bodyshops and 65K for people from US universities.





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  • pointlesswait
    09-25 10:36 AM
    can IV focus on this...instead of the recapture?

    am just being practical.. we cant expect any meaningful immi reforms anytime soon..and with holidays approaching.. little hope for this year.. so anything that can bring abt temporary relief should be taken up!



    excellent.. if this happens!!!!



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  • hemasar
    09-12 02:03 PM
    My ETA is P-### .... I used the link and my status is IN PROCESS





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  • sands_14
    06-12 11:55 AM
    i tried infopass last yr,it didnt help;they said uscis will take it when its up for approval.current pd doesnt matter;it matters only if its approved and waiting for visa number



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  • sachug22
    05-12 02:11 PM
    CIS have been targeting reducing processing times for applications including I-485 (for I-485 they want it to be <180 days). Which they are doing, based on their definition of pending (non retrogressed approvable application). They can easily achieve this, give retrogressed countries/categories bare minimum and they process all other applications as quickly as possible. Which explains all of the following..

    EB3 made unavailable (they have used all the visa numbers)
    EB2-India move way back (they have used all the visa numbers)
    EB1 and EB2 quick approvals (for all current categories) average down to 200 days


    There were around 3000 visas for EB2-1 and EB3-I , considering 1.2 dependent this means GC for no more than 1400 families in each category. The math is simple getting that many applications processed in first 6-8 months was not difficult.

    To add to the woes we have following, which add to the problem, but are not the primary problem.

    Labor substitution
    EB3-EB2 jumps
    Very old name-check cases


    Primary problem is 7% country cap, they way things are if CIS gets enough cases in EB1 and EB2 (none retrogressed categories), then they will be reluctant to issue GC to EB2-I and EB3-I above the minimum (7% quota), since that do not count in their definition of pending cases.





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  • GCOP
    06-23 02:46 PM
    I know that, we had not been successful in earlier years for this bill. But, as CIR chances are very uncertain, we should concentrate at least only on this Visa Recapture Bill this year. Passing of this bill will reduce backlog significantly. Let us focus on this bill .



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  • GCBy3000
    01-03 03:57 PM
    Great pledge and Thanks.

    Members, please update your signature with your pledge. It is an inspiration point for you as well as to other members. We need this inspiration for ourselves more than IV needed.

    This pledge and contribution is for ourselves and not for anyone else. We are going to enjoy the fruits if we can make the difference with lawmakers. IV core members can put their head into more important statergic thinking than worrying about funds. We can atleaset help ourselves by this simple pledge. There is not physical work invovled with it. Commonnnnn..... cheer up and lets get what we want from the new congress.

    Do your KARMA and leave the results to time.

    I pledge to contribute $40 a month. And more when ever I can.

    -- Also guys lets keep the momentum going .. we need more people enrolled and every single one of us opening up their wallets.





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  • meher
    12-24 11:48 AM
    Thank you Swamy and Reachinus.

    Reachinus

    That is definetly helpful.

    What is substitue w2. Please send me any link that can give me more details.

    Based on Sep pay stub, my new company has filed for H1B Transfer in december and have received the Receipt. Will there be any out of status issues in H1B Transfer because of no pay stubs after september?





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  • erichin2477
    06-12 05:42 PM
    First of all, make sure you double check everything I say here with an immigration lawyer. I am not an immigration lawyer and my knowledge is based on forums like these.

    Ok.
    You still have another 2 months before you begin the last year of your initial 6-year H1 term.

    If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.

    Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
    you seems to be pretty knowledgeble. Here is My case....
    I just got my 45-days letters today and my H1-B will expired on May 2007 for the 6 years.

    What should I do?
    Question 1
    Can I change my lawyer? cuz my lawyer is lame. and I am going to apply for my 7-years since I been waiting for 45-days letter more than 2 years since Feb 2004!!!!

    Question 2
    Can I change my company and relocate to another state and still keep the current GC application going? I assume my old company will still approve and sign anything that they can help. They are pretty generous.

    Thanks.





    mack
    03-09 08:19 PM
    does anyone have stats on what the double dipped usage trend has been? not sure if the latest stats from uscis reveals that.





    kart2007
    08-04 12:28 PM
    Fitness is a lifestyle change and I am glad you chose this route. The basics are to eat slightly less calories than you need and include a bit of exercise in your daily routine.

    Since fitness is such a vast topic, I highly recommend you visit a web site specialized in this topic for desis which is:

    Desi Fitness (http://www.desifitness.com)

    and their

    Forums (http://forum.desifitness.com)

    Good luck!



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