Canadian_Dream
11-17 12:38 PM
Thread: If EB Reform happens it will happen in 2007
We should instead call it "When will EB Reform Happen"
1. The best time was 2006. This was becasue of economy with full swing ahead needed more H1B visas and companies are trying hard to resolve the black-out of H1B and we had a chance to piggyback on it. This didn't happen unfortulately because our fate was tied to CIR. There has been constant effort since Aug/Sep 2005 to increase H1B/EB (S.1932/CIR), but it has been strongest in last few months.
2. If you have noticed the press release of TechNet summit it was clearly requesting 109th congress to enact SKIL as opposed to 110 congress. This is becasue first few months will go by just to take care of other priorities. There could be other legilative hurdles with CIR even with Democratic majority.
3. As pointed by others even if CIR is passed with our provisions it will be another 5-6 months before actual implementation will happen. That puts eveything in 2008 time frame.
The biggest toll order in this whole mess is EB2 India. While most of the world including China is moving along quite well. India EB2 is all but stuck affecting the careers of so many who would be stuck for another 1-2 years with the same jobs. The sad part is this is the best case scenario !!!!
We should instead call it "When will EB Reform Happen"
1. The best time was 2006. This was becasue of economy with full swing ahead needed more H1B visas and companies are trying hard to resolve the black-out of H1B and we had a chance to piggyback on it. This didn't happen unfortulately because our fate was tied to CIR. There has been constant effort since Aug/Sep 2005 to increase H1B/EB (S.1932/CIR), but it has been strongest in last few months.
2. If you have noticed the press release of TechNet summit it was clearly requesting 109th congress to enact SKIL as opposed to 110 congress. This is becasue first few months will go by just to take care of other priorities. There could be other legilative hurdles with CIR even with Democratic majority.
3. As pointed by others even if CIR is passed with our provisions it will be another 5-6 months before actual implementation will happen. That puts eveything in 2008 time frame.
The biggest toll order in this whole mess is EB2 India. While most of the world including China is moving along quite well. India EB2 is all but stuck affecting the careers of so many who would be stuck for another 1-2 years with the same jobs. The sad part is this is the best case scenario !!!!
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savitri.bhave
07-05 08:52 PM
This is a very basic question and I need answer on this as early as possible and guidance from you.
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
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Jayr
07-05 02:28 PM
I think the reasons may be a little more subtle than mean spiritedness and malice. Makes me wonder how performance is evaluated at the USCIS. If their evaluation system is such that a large number of applicants in backlog looks tacky on their report card, then that's incentive enough for them to not want a deluge of applicants.
by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
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snhn
04-13 06:36 PM
well this will not no problems if I only knew what criminal record i have on my records. DWI is not a big enough crime to make in admissible. If it was, then they would reject my visa application 3 years ago. They have approved extensions form before with that record. I now have baby boy. he is citizen and I just cant take the risk of taking him to Pakistan. Its just too risky. Som much is happeing there. Bomb blast here bomb blast there. My lawyer is going to use this in his appeal. I just simply am not willing to take that chance. I really dont want to travel.. I just need H1 extension approved here. All they hve to do is bring the extension from Isalamabd and send it to me.
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Marphad
03-26 06:01 PM
I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.
Can this create an issue while IO is working on my 485 application?
Can this create an issue while IO is working on my 485 application?
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dreamworld
09-12 03:46 PM
Any advise about Unpaid vacation period in usa for h1b's and staying in usa.
What is the legal vacation period in usa for h1b's? And how long it could be!!!
few weeks or few months???
Thanks...
What is the legal vacation period in usa for h1b's? And how long it could be!!!
few weeks or few months???
Thanks...
more...
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morchu
04-22 09:48 AM
Yes to both questions.
Priority date can be retained only after 140 approval.
I have seen PERM applications get approved with multiple locations mentioned.
But it is on a case by case basis. You may need to prove the requirement for multiple location.
Thanks Morchu for clarifying this. I do not want to be unlawful at anytime. That's why I am trying to understand this process as best as possible and then plan accordingly. so when you say this "You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so" the only way to retain priority date is with approved I-140 .
Secondly, I read online either at this forum or at Murthy that one can include as part of "ETA form 9089" (Application for Permanent Employment Certification) a clause which states that the person "may be assigned to various, unanticipated sites throughout the United States". Is it true? And is it used widely by employers to retain flexibility?
Thanks a lot!!!!!!!!
Priority date can be retained only after 140 approval.
I have seen PERM applications get approved with multiple locations mentioned.
But it is on a case by case basis. You may need to prove the requirement for multiple location.
Thanks Morchu for clarifying this. I do not want to be unlawful at anytime. That's why I am trying to understand this process as best as possible and then plan accordingly. so when you say this "You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so" the only way to retain priority date is with approved I-140 .
Secondly, I read online either at this forum or at Murthy that one can include as part of "ETA form 9089" (Application for Permanent Employment Certification) a clause which states that the person "may be assigned to various, unanticipated sites throughout the United States". Is it true? And is it used widely by employers to retain flexibility?
Thanks a lot!!!!!!!!
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TomPlate
02-03 05:04 PM
Can you please let me know anyone. I had this doubt because one of my friend is saying,
During PORT OF ENTRY AP can only be used with EAD. Expired EAD will be an issue here.
Even if you do not use EAD and in H1.
PLEASE LET ME KNOW:confused:
During PORT OF ENTRY AP can only be used with EAD. Expired EAD will be an issue here.
Even if you do not use EAD and in H1.
PLEASE LET ME KNOW:confused:
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vani
08-26 11:39 AM
Thank you very much for your prompt reply. Greatly appreciate.
I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?
Regds,
Vani
I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?
Regds,
Vani
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backtoschool
12-29 08:09 AM
any idea on an INSEAD's MBA value when returning to the US to work? I know it holds in good stand in Europe and Asia...
Insead feeds the consulting world.(mainly). So, there is a value with consuting cos based in the US.
Nayar<<<<
I am surprised to hear that IIM-A PGDBA is worthless in the US
so, what are you doing in the US? did you get another MBA?
Insead feeds the consulting world.(mainly). So, there is a value with consuting cos based in the US.
Nayar<<<<
I am surprised to hear that IIM-A PGDBA is worthless in the US
so, what are you doing in the US? did you get another MBA?
more...
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panky72
06-20 02:28 PM
I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??
Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.
Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...
Thanks
You can travel on H-1 without I-485 receipt according to new USCIS rule but for travel on AP you still need the receipt for 485.
http://www.murthy.com/news/n_firule.html
Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.
Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...
Thanks
You can travel on H-1 without I-485 receipt according to new USCIS rule but for travel on AP you still need the receipt for 485.
http://www.murthy.com/news/n_firule.html
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eb3retro
09-14 03:50 PM
NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).
This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.
If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.
frostrated, this exactly contradicts your take on this issue. I understand your family has gone to india without ap in hand and have come back with AP (approval after leaving US). My question is how safe it is to do this.
This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.
If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.
frostrated, this exactly contradicts your take on this issue. I understand your family has gone to india without ap in hand and have come back with AP (approval after leaving US). My question is how safe it is to do this.
more...
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sertasheep
07-26 09:55 PM
Nice.
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TeddyKoochu
01-24 10:20 AM
Based on the information available i am expecting EB2-I will get 8-12K visa this year (2011), unlike 20k last year (2010). Which means the PD will move as far as Nov-06 or Dec-06 the best this year.
No FB Spillover
High PERM approvals
Also porting may play a big role this year (EB3-ROW to EB2-ROW and EB3-I to EB2-I).
The high perm approvals are not translating into high I140 approvals refer to the completions on the dashboard also RFE's are on the rise. So we may still get the same spillover this year even without any kind if FB. The 485 approvals for both Eb1 and EB2 ROW are way down this year from last year on that website.
No FB Spillover
High PERM approvals
Also porting may play a big role this year (EB3-ROW to EB2-ROW and EB3-I to EB2-I).
The high perm approvals are not translating into high I140 approvals refer to the completions on the dashboard also RFE's are on the rise. So we may still get the same spillover this year even without any kind if FB. The 485 approvals for both Eb1 and EB2 ROW are way down this year from last year on that website.
more...
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EB3_SEP04
08-27 11:23 PM
If employer or attorney are not helpful then there are high chances that they are hiding something, may have communicated to you I-140 approved in EB-2 whereas in real EB-3. One of my friend already have experinced same problem, EB-3 instead of EB-2. His company is in Jersey and the name starts with N.
Another reason why employer is hiding (or don't want to share) suspecting that you can leave him.
Be careful and try some way (as suggested above) to know about your I-140. All the best.
It'd be helpful for readers if you please update your profile with your case details.
Another reason why employer is hiding (or don't want to share) suspecting that you can leave him.
Be careful and try some way (as suggested above) to know about your I-140. All the best.
It'd be helpful for readers if you please update your profile with your case details.
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PD_Dec2002
07-05 10:29 PM
This is a very basic question and I need answer on this as early as possible and guidance from you.
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
With a name like "Savitri Bhave" why would you have to go back to China?!!!
Anyway, your best bet is to file PERM (takes 2-4 months) and go for premium processing of I-140 (if USCIS resumes PP), and apply for EAD through I-485 (if your PD is current). That way, you don't need to renew your H-1B, but can continue to work on EAD. But as you can see there are several "ifs" in this entire equation which no one can answer with 100% conviction.
Try talking to an attorney to see your options. If this doesn't work out, maybe you can leave the US for a year and reenter again. Of course, you will have to start your GC process then.
Thanks,
Jayant
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
With a name like "Savitri Bhave" why would you have to go back to China?!!!
Anyway, your best bet is to file PERM (takes 2-4 months) and go for premium processing of I-140 (if USCIS resumes PP), and apply for EAD through I-485 (if your PD is current). That way, you don't need to renew your H-1B, but can continue to work on EAD. But as you can see there are several "ifs" in this entire equation which no one can answer with 100% conviction.
Try talking to an attorney to see your options. If this doesn't work out, maybe you can leave the US for a year and reenter again. Of course, you will have to start your GC process then.
Thanks,
Jayant
more...
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hypersphere
05-21 09:07 AM
Exactly the same thing happed to me a few years ago while hiking in the adirondacks, upstate NY. If you are within 100 miles of the border the "border patrol police" has the authority to perform immigration checke on you. This is in contrast to local/state police who under-law, cannot ask you for your immigration documents. There is always patrolling on I87 near the border.
While my status was legal, my records were not up to date in one of their data bases. I was questioned on my status. The officers were stern but cooperative and eventually let me go.
I was asked to keep originals of my travel documents all the time. At the least, keep phtocopies in the car if you are nearing the international broder and keep the phone number of your attorney handy.
While my status was legal, my records were not up to date in one of their data bases. I was questioned on my status. The officers were stern but cooperative and eventually let me go.
I was asked to keep originals of my travel documents all the time. At the least, keep phtocopies in the car if you are nearing the international broder and keep the phone number of your attorney handy.
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johny120
08-23 11:32 AM
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.
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MahaBharatGC
09-09 06:22 AM
I believe it is safer to wait for AP to come through. Other option would be to file for H4 however you must have H1B for that I believe. It is always safer to file for H1B and H4 in parallel with EAD/AP as per my lawyer to be useful in these type of circumstances.
langagadu
03-29 03:53 PM
nope
amsgc
04-22 07:47 PM
Is there a document, from the DOL or USCIS, that explains what is a Metropolitan statistical area within which a labor is valid?
I asked one of the attorney's on IV forum in a chat session and she said it is generally the county. Anybody here who can throw more light on this and provide some DOL/USCIS links to references?
Thanks.
I asked one of the attorney's on IV forum in a chat session and she said it is generally the county. Anybody here who can throw more light on this and provide some DOL/USCIS links to references?
Thanks.
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