nozerd
01-10 03:10 PM
I know of 2 ppl very close to me who have been laid off. However they both already have GC.
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Maverick_2008
02-23 09:10 PM
- My 485 is filed more than 6 months ago
- My is 140 not approved yet
- I get laid off
- My employer doesn't revoke my 140
- I'm already in the 8th year of my H
So, I can go find another employer since I have my EAD and my 485 is filed for more than 180 days. Now, if my 140 is approved, no problem. If, however, my 140 gets an RFE or if my 140 is not too strong, I can find out alternatives including (but not limited to :-)) finding a decent job in my home country while I still have a job here in the US.
Is it logical or should I go take a nap? :p
Maverick_2008
Ummm, how exactly is delayed I 140 good if they are about to be laid off? To be able to use AC21 these guys need need their I 140 approved and have worked for the employer 6 months after receipt date.
I don't see the logic in your statement.
- My is 140 not approved yet
- I get laid off
- My employer doesn't revoke my 140
- I'm already in the 8th year of my H
So, I can go find another employer since I have my EAD and my 485 is filed for more than 180 days. Now, if my 140 is approved, no problem. If, however, my 140 gets an RFE or if my 140 is not too strong, I can find out alternatives including (but not limited to :-)) finding a decent job in my home country while I still have a job here in the US.
Is it logical or should I go take a nap? :p
Maverick_2008
Ummm, how exactly is delayed I 140 good if they are about to be laid off? To be able to use AC21 these guys need need their I 140 approved and have worked for the employer 6 months after receipt date.
I don't see the logic in your statement.
sree_99
02-01 08:09 PM
She is not using her EAD, She is enrolled fulltime in school.
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vallabhu
01-02 01:53 PM
I am in my 8th year extension which is ending in April, My attorney think its 100% win case for one main reason
my labor is filed EB3 Skilled worker
he mentioned with in EB3 there are 2 categories Skilled and professional
for EB3 professional USCIS has complete authority to deny based educational requirements and they can define educational requirements based on job profile.
but for eb3 skilled employer has complete discretion of defining edu requirements.
mine was filed in eb3 skilled and ETA clearly says client will accept 3 year foreign degree.
h thinks any second eye would have approved this but it was unfortunate to be processed by a adjudicator who does have comeplete knwledge and does not know difference between eb3 prof and eb3 skilled
his plan of action is to send them evaluations from multiple academies as you guys have mentioned.
and it looks very fishy from the denial letter
denial states I have now taken any maths courses in graduation but course in physics and chemistry in graduation, and one math course in intermediate which is not sufficient.
and maths is mentioned between physics and chemistry we don't know how he could miss that, Intermediate transcripts does mention mathematics.
I can paste exact content of denial by tomorrow.
my labor is filed EB3 Skilled worker
he mentioned with in EB3 there are 2 categories Skilled and professional
for EB3 professional USCIS has complete authority to deny based educational requirements and they can define educational requirements based on job profile.
but for eb3 skilled employer has complete discretion of defining edu requirements.
mine was filed in eb3 skilled and ETA clearly says client will accept 3 year foreign degree.
h thinks any second eye would have approved this but it was unfortunate to be processed by a adjudicator who does have comeplete knwledge and does not know difference between eb3 prof and eb3 skilled
his plan of action is to send them evaluations from multiple academies as you guys have mentioned.
and it looks very fishy from the denial letter
denial states I have now taken any maths courses in graduation but course in physics and chemistry in graduation, and one math course in intermediate which is not sufficient.
and maths is mentioned between physics and chemistry we don't know how he could miss that, Intermediate transcripts does mention mathematics.
I can paste exact content of denial by tomorrow.
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akred
06-08 12:10 AM
But the letter doesn't seem to address the direct behaviour of the companies in question. Seems like a bunch of broader level issues were tackled - while true, it doesn't address H1B abuse in any way. Wasn't that the point?
I'm sure that is not addressed in this letter because from their POV there is no abuse.
The Senators are convieniently overlooking the fact that they need to get deadbeat departments like the DOL and USCIS to shape up. And where is their concern for the American worker when they make these departments process massive loads of illegals without providing additional funding?
I'm sure that is not addressed in this letter because from their POV there is no abuse.
The Senators are convieniently overlooking the fact that they need to get deadbeat departments like the DOL and USCIS to shape up. And where is their concern for the American worker when they make these departments process massive loads of illegals without providing additional funding?
dealsnet
07-24 12:44 PM
If your appeal for I-140 & I-485 in process, you are legal, and if you have unexpired EAD, you can work.
If you have H1 renewed (less than 6 years) you can work irrespective of I-485 appeal result. If you are more than 6 years in H1B, you have to go back, if your appeal (MTR) is denied. (more than 6 years of extension is based on approved I-140)
WHAT IS YOUR LAWYER'S OPINION ???
I have question Need Urgent reply
I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial
my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.
If you have H1 renewed (less than 6 years) you can work irrespective of I-485 appeal result. If you are more than 6 years in H1B, you have to go back, if your appeal (MTR) is denied. (more than 6 years of extension is based on approved I-140)
WHAT IS YOUR LAWYER'S OPINION ???
I have question Need Urgent reply
I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial
my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.
more...
chanduv23
05-11 12:00 PM
This is a suggestion for members using AILA tool. While we appreciate AILA for creating these useful tools, IV is not part of this AILA campaign.
If you want to use the AILA tool. Use your own letter and not AILA letter. Make sure not to use words like 'H1B' and 'illegal/undocumented' in the letter. Lawmaker offices will look at it and will not even care to read it fully. They will assume it is for H1B increase or about illegal immigration. Sometimes you will get an automated reply that has nothing to do with your issues you raised in your letter.
There are some good letter templates in http://immigrationvoice.org/forum/showthread.php?t=3999
and some of them do not use H1B word at all. They are totally focussed on 'Green card'. You can choose to use any one of them. As we see the progress on CIR IV will have its own webfax and call the lawmakers campaign.
Will do that Pappu, thanks.
If you want to use the AILA tool. Use your own letter and not AILA letter. Make sure not to use words like 'H1B' and 'illegal/undocumented' in the letter. Lawmaker offices will look at it and will not even care to read it fully. They will assume it is for H1B increase or about illegal immigration. Sometimes you will get an automated reply that has nothing to do with your issues you raised in your letter.
There are some good letter templates in http://immigrationvoice.org/forum/showthread.php?t=3999
and some of them do not use H1B word at all. They are totally focussed on 'Green card'. You can choose to use any one of them. As we see the progress on CIR IV will have its own webfax and call the lawmakers campaign.
Will do that Pappu, thanks.
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perm2gc
08-23 05:00 PM
in EB3, EB2 and EB1
did you make any calculations based on numbers.?????
did you make any calculations based on numbers.?????
more...
pitha
06-11 12:25 PM
if you saw any of the news shows over the weekend everybody says the chances of this passing the senate are about 33% and even if it passes the senate it might not pass the house. even kyl was skeptical about its chances. this is our chance, lets oppose this bill tooth and nail. no bill is better bill for us as long as kennedy, kyl and durbin are around. please oppose this bill
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kevinkris
11-21 03:37 PM
My friend did the same thing. Not h1 extention but re-instatement of AP to H1.
It's same as applying for H1 (form 129 etc) but the option you select
is different.
Part 2. Information about this petition. * (See instructions for fee information.)
Basis for Classification (Check one):
Check 2nd option:
Continuation of previously approved employment without change with the same employer.
I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."
As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.
Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...
I have had a valid H1 and AP for a while now and travelled on AP without issues.
Hope it helped.
It's same as applying for H1 (form 129 etc) but the option you select
is different.
Part 2. Information about this petition. * (See instructions for fee information.)
Basis for Classification (Check one):
Check 2nd option:
Continuation of previously approved employment without change with the same employer.
I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."
As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.
Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...
I have had a valid H1 and AP for a while now and travelled on AP without issues.
Hope it helped.
more...
natrajs
04-21 02:39 PM
I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.
Good luck to everyone.
Congrats and Best Wishes
Good luck to everyone.
Congrats and Best Wishes
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NKR
06-11 08:13 AM
I had to reclaim all the days that I was outside the country for my 7th year H1 Extension. I submitted photocopies of all the stampings on my passport. Please note that the passport will be stamped upon arrival here and upon departure/arrival in India. That should be sufficient evidence for proof your valid stay here.
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Alex
05-30 10:13 PM
i wish i would of noticed this battle earlyer, it would of been alot of fun.
Soul has my vote.
Good job everyone! :)
Soul has my vote.
Good job everyone! :)
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waltz
08-24 02:05 PM
I'm sorry if this has been posted before, but the show is based on the following study:
************************************************
Kauffman Foundation Study Points to �Brain-Drain� of Skilled U.S. Immigrant Entrepreneurs to Home Country
Contacts:
Barbara Pruitt, 816-932-1288, bpruitt@kauffman.org, Kauffman Foundation
Tom Phillips, 212-935-4655, comptwp@aol.com, Communication Partners
More than a million skilled foreign nationals in the United States, including doctors and scientists, face mounting visa backlog
(KANSAS CITY, Mo.) Aug. 22, 2007 � More than one million skilled immigrant workers, including scientists, engineers, doctors and researchers and their families, are competing for 120,000 permanent U.S. resident visas each year, creating a sizeable imbalance likely to fuel a �reverse brain-drain� with skilled workers returning to their home country, according to a new report released today by the Ewing Marion Kauffman Foundation.
The situation is even bleaker as the number of employment visas issued to immigrants from any single country is less than 10,000 per year with a wait time of several years.
�The United States benefits from having foreign-born innovators create their ideas in this country,� said Vivek Wadhwa, Wertheim fellow with the Harvard Law School and executive in residence at Duke University. �Their departures would be detrimental to U.S. economic well-being. And, when foreigners come to the United States, collaborate with Americans in developing and patenting new ideas, and employ those ideas in business in ways they could not readily do in their home countries, the world benefits.�
Conducted by researchers at Duke University, New York University and Harvard University, the study is the third in a series of studies focusing on immigrants� contributions to the competitiveness of the U.S. economy. Earlier research revealed a dramatic increase in the contributions of foreign nationals to U.S. intellectual property over an eight-year period.
In this study, "Intellectual Property, the Immigration Backlog, and a Reverse Brain-Drain," researchers offer a more refined measure of this rise in contributions of foreign nationals to U.S. intellectual property and seek to explain this increase with an analysis of the immigrant-visa backlog for skilled workers. The key finding from this research is that the number of skilled workers waiting for visas is significantly larger than the number that can be admitted to the United States. This imbalance creates the potential for a sizeable reverse brain-drain from the United States to the skilled workers� home countries.
The earlier studies, �America�s New Immigrant Entrepreneurs� and �Entrepreneurship, Education and Immigration: America�s New Immigrant Entrepreneurs, Part II,� documented that one in four engineering and technology companies founded between 1995 and 2005 had an immigrant founder. Researchers found that these companies employed 450,000 workers and generated $52 billion in revenue in 2006. Indian immigrants founded more companies than the next four groups (from the United Kingdom, China, Taiwan and Japan) combined.
Furthermore, these companies� founders tended to be highly educated in science, technology, math and engineering-related disciplines, with 96 percent holding bachelor�s degrees and 75 percent holding master�s or PhD degrees.
Among key findings in the most recent report:
Foreign nationals residing in the United States were named as inventors or co-inventors in 25.6 percent of international patent applications filed from the United States in 2006. This represents an increase from 7.6 percent in 1998.
Foreign nationals contributed to more than half of the international patents filed by a number of large, multi-national companies, including Qualcomm (72 percent), Merck & Co. (65 percent), General Electric (64 percent), Siemens (63 percent) and Cisco (60 percent). Forty-one percent of the patents filed by the U.S. government had foreign nationals as inventors or co-inventors.
In 2006, 16.8 percent of international patent applications from the United States had an inventor or co-inventor with a Chinese-heritage name, representing an increase from 11.2 percent in 1998. The contribution of inventors with Indian-heritage names increased to 13.7 percent from 9.5 percent in the same period.
The total number of employment-based principals in the employment-based categories and their family members waiting for legal permanent residence in the United States in 2006 was estimated at 1,055,084. Additionally, there are an estimated 126,421 residents abroad also waiting for employment-based U.S. legal permanent residence, adding up to a worldwide total of 1,181,505.
Using data from the New Immigrant Survey, the authors find that, in 2003, approximately one in five new legal immigrants in the United States and about one in three employment-based new legal immigrants either planned to leave the United States or were uncertain about remaining. The authors had no data on how many foreign nationals have actually returned to their homelands.
�Given that the U.S. comparative advantage in the global economy is in creating knowledge and applying it to business, it behooves the country to consider how we might adjust policies to reduce the immigration backlog, encourage innovative foreign minds to remain in the country, and entice new innovators to come,� said Robert Litan, vice president of Research and Policy at the Kauffman Foundation.
About the research team
For more information about the Global Engineering and Entrepreneurship research at Duke University, visit http://www.globalizationresearch.com; visit http://www.law.harvard.edu/programs/lwp/ to learn about Harvard Law�s Labor and Worklife Program; and visit http://www.nyu.edu/ for more information about New York University.
Read the report
************************************************
Kauffman Foundation Study Points to �Brain-Drain� of Skilled U.S. Immigrant Entrepreneurs to Home Country
Contacts:
Barbara Pruitt, 816-932-1288, bpruitt@kauffman.org, Kauffman Foundation
Tom Phillips, 212-935-4655, comptwp@aol.com, Communication Partners
More than a million skilled foreign nationals in the United States, including doctors and scientists, face mounting visa backlog
(KANSAS CITY, Mo.) Aug. 22, 2007 � More than one million skilled immigrant workers, including scientists, engineers, doctors and researchers and their families, are competing for 120,000 permanent U.S. resident visas each year, creating a sizeable imbalance likely to fuel a �reverse brain-drain� with skilled workers returning to their home country, according to a new report released today by the Ewing Marion Kauffman Foundation.
The situation is even bleaker as the number of employment visas issued to immigrants from any single country is less than 10,000 per year with a wait time of several years.
�The United States benefits from having foreign-born innovators create their ideas in this country,� said Vivek Wadhwa, Wertheim fellow with the Harvard Law School and executive in residence at Duke University. �Their departures would be detrimental to U.S. economic well-being. And, when foreigners come to the United States, collaborate with Americans in developing and patenting new ideas, and employ those ideas in business in ways they could not readily do in their home countries, the world benefits.�
Conducted by researchers at Duke University, New York University and Harvard University, the study is the third in a series of studies focusing on immigrants� contributions to the competitiveness of the U.S. economy. Earlier research revealed a dramatic increase in the contributions of foreign nationals to U.S. intellectual property over an eight-year period.
In this study, "Intellectual Property, the Immigration Backlog, and a Reverse Brain-Drain," researchers offer a more refined measure of this rise in contributions of foreign nationals to U.S. intellectual property and seek to explain this increase with an analysis of the immigrant-visa backlog for skilled workers. The key finding from this research is that the number of skilled workers waiting for visas is significantly larger than the number that can be admitted to the United States. This imbalance creates the potential for a sizeable reverse brain-drain from the United States to the skilled workers� home countries.
The earlier studies, �America�s New Immigrant Entrepreneurs� and �Entrepreneurship, Education and Immigration: America�s New Immigrant Entrepreneurs, Part II,� documented that one in four engineering and technology companies founded between 1995 and 2005 had an immigrant founder. Researchers found that these companies employed 450,000 workers and generated $52 billion in revenue in 2006. Indian immigrants founded more companies than the next four groups (from the United Kingdom, China, Taiwan and Japan) combined.
Furthermore, these companies� founders tended to be highly educated in science, technology, math and engineering-related disciplines, with 96 percent holding bachelor�s degrees and 75 percent holding master�s or PhD degrees.
Among key findings in the most recent report:
Foreign nationals residing in the United States were named as inventors or co-inventors in 25.6 percent of international patent applications filed from the United States in 2006. This represents an increase from 7.6 percent in 1998.
Foreign nationals contributed to more than half of the international patents filed by a number of large, multi-national companies, including Qualcomm (72 percent), Merck & Co. (65 percent), General Electric (64 percent), Siemens (63 percent) and Cisco (60 percent). Forty-one percent of the patents filed by the U.S. government had foreign nationals as inventors or co-inventors.
In 2006, 16.8 percent of international patent applications from the United States had an inventor or co-inventor with a Chinese-heritage name, representing an increase from 11.2 percent in 1998. The contribution of inventors with Indian-heritage names increased to 13.7 percent from 9.5 percent in the same period.
The total number of employment-based principals in the employment-based categories and their family members waiting for legal permanent residence in the United States in 2006 was estimated at 1,055,084. Additionally, there are an estimated 126,421 residents abroad also waiting for employment-based U.S. legal permanent residence, adding up to a worldwide total of 1,181,505.
Using data from the New Immigrant Survey, the authors find that, in 2003, approximately one in five new legal immigrants in the United States and about one in three employment-based new legal immigrants either planned to leave the United States or were uncertain about remaining. The authors had no data on how many foreign nationals have actually returned to their homelands.
�Given that the U.S. comparative advantage in the global economy is in creating knowledge and applying it to business, it behooves the country to consider how we might adjust policies to reduce the immigration backlog, encourage innovative foreign minds to remain in the country, and entice new innovators to come,� said Robert Litan, vice president of Research and Policy at the Kauffman Foundation.
About the research team
For more information about the Global Engineering and Entrepreneurship research at Duke University, visit http://www.globalizationresearch.com; visit http://www.law.harvard.edu/programs/lwp/ to learn about Harvard Law�s Labor and Worklife Program; and visit http://www.nyu.edu/ for more information about New York University.
Read the report
more...
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EB3June03
06-17 10:08 AM
Thanks yganreddy for your input. It might help.
In my case, the X Ray shows nothing - so I am all clear on that.
My concern is I don't how big the thing became after the test was done (twice). Once in 1997 when I first came from India and next in 1998 (when i worked in NY Preysbeterian Hosptal and they mandatorily tested for TB via skin test). I have asked for the reports from NY hospital and am hoping that it is less than 10 mm as the civil surgeon says that if the size is bigger than 10 mm, I will have to go through the treatment for TB (even though i have no evidence of active TB). I hope he is wrong.
I had another question. Can I get the reports from India, when i got the TB test done? I might have the papers at home and will have to search for it or does USCIS not consider the papers from India? I hear a sealed envelope is what is needed from a doctor. In that case, we might be able to try to get in touch with the doctor that did the test and ask for a sealed envelope (showing him the papers he gave us when we got the test done).
In my case, the X Ray shows nothing - so I am all clear on that.
My concern is I don't how big the thing became after the test was done (twice). Once in 1997 when I first came from India and next in 1998 (when i worked in NY Preysbeterian Hosptal and they mandatorily tested for TB via skin test). I have asked for the reports from NY hospital and am hoping that it is less than 10 mm as the civil surgeon says that if the size is bigger than 10 mm, I will have to go through the treatment for TB (even though i have no evidence of active TB). I hope he is wrong.
I had another question. Can I get the reports from India, when i got the TB test done? I might have the papers at home and will have to search for it or does USCIS not consider the papers from India? I hear a sealed envelope is what is needed from a doctor. In that case, we might be able to try to get in touch with the doctor that did the test and ask for a sealed envelope (showing him the papers he gave us when we got the test done).
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piyu7444
04-01 01:45 AM
Hello Everyone -
I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.
Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other
I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.
Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other
more...
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bidhanc
07-23 08:32 AM
Hi,
Would like to throw some more ideas;
You should keep in mind that with this economy there is no guarantee of your job (my personal experience).
If you want to stay in this country and that is one of your foremost desires/aim
then in my opinion it is always better to aim for the GC and then do whatever you have to do.
If you have option of going back to your home country and do not mind (due to job loss or other situation) then by all means go for career.
Good Luck.
Would like to throw some more ideas;
You should keep in mind that with this economy there is no guarantee of your job (my personal experience).
If you want to stay in this country and that is one of your foremost desires/aim
then in my opinion it is always better to aim for the GC and then do whatever you have to do.
If you have option of going back to your home country and do not mind (due to job loss or other situation) then by all means go for career.
Good Luck.
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sroyc
12-11 04:24 AM
From what I understand, the annual quota is 140K. The extra 23K was the spillover from last year's FB quota and was distributed in the following order - EB1->EB2->EB3.
Perhaps unfairly, they do not have the same quotas for the spillover visas.
Does anybody know why EB3 Total number (45,650) doesn't translate into 28% of annual quota (163,037). Does it mean EB3 didn't get their fair share (forget about per country limit)? This is insane.
Perhaps unfairly, they do not have the same quotas for the spillover visas.
Does anybody know why EB3 Total number (45,650) doesn't translate into 28% of annual quota (163,037). Does it mean EB3 didn't get their fair share (forget about per country limit)? This is insane.
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myvinbox@gmail.com
08-24 04:30 PM
any updates on status of background processing for your 485 ?
hpandey
06-02 03:18 PM
You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?
You won't get an RFE during approval of GC since you are legally here all the time due to AOS but your wife will get it when you file for her GC since she would be out of status all this time.
You won't get an RFE during approval of GC since you are legally here all the time due to AOS but your wife will get it when you file for her GC since she would be out of status all this time.
krish2005
11-09 04:07 PM
When posts related to 'which airlines is good to fly' can be posted and reviewed under this section, why cannot this be posted too.
But if admin feels that its an irrelevant post, then please go ahead and remove it.
But if admin feels that its an irrelevant post, then please go ahead and remove it.
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