Thursday, June 9, 2011

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  • hk196712
    07-16 12:40 PM
    My PD is Sept 2005, EB2-NIW.

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  • dealsnet
    04-22 02:32 PM
    The PD hang around 2003 from 2006 to 2008. In 2006 to 2007, whole year, the PD stay for Jan 2003. In 2 years, dates moved very little. What they are doing in those years ?

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  • go_guy123
    09-16 04:38 PM

    So, bottom line is CIR will pass after health care. But, I'll not bet too much on provisions for 'legal immigrants'. Since we are the only dog bone that 'Donkeys' have got to gain any required support for CIR. We need to work hard to get our provisions on the first draft and do everything possible to be included in the final version of the bill.

    My ramblings anyways....

    You are right on target....EB2/3 reform is the only bone that CIR lobby has to get
    support for CIR. And they will hold EB2/3 reform hostage till that time.

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  • amulchandra
    11-04 04:41 PM
    The title of the thread is misleading. Please change it.



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  • sunny1000
    10-10 01:32 AM
    the reason is faulty data uscis and dos has been publishing.
    And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)

    rofl :):):)

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  • InTheMoment
    03-23 04:22 PM
    I personally don't think that would be a problem. Just send whatever you have.


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  • maverick80
    01-30 03:37 AM
    I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
    I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
    I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?

    I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?

    A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.


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  • NikNikon
    September 7th, 2006, 05:37 PM
    I guess I was doing this technique before I knew it's offical name, here's the last shot I recall.

    Silly me, I did it the hard way, hand held. :confused:

    P.S. Jeff, don't feel bad, I started out with one of those cheap Wal-Mart tripods too. Now that I have a good one the old cheap one comes in handy for my remote flash. So don't throw it out you may be able to reuse it one day.

    confuse [Archive] - Immigration Voice

    View Full Version : confuse


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  • sankar_203
    09-25 01:35 PM
    My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?

    You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.

    Please advise.

    I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..

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  • sadhumis
    08-27 04:04 PM
    frostrated,anu_t,cleopatra,amit_sp all you guys manythanks. I really appreciate your replies.

    I will try to raise this point with my lawyer and employer.
    My roles and responsibilities have changed over the years and they are completely different now.

    Many thanks y'ALL


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  • redelite
    08-20 03:11 PM
    Allllllllllrighty... here's my attempt at the O RLY owl..

    Edit: Man, a second look at it and I think it might be too light...

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  • ashwin_27
    02-25 12:48 PM
    Absolutely agree. That is definitely the way the other side will argue against the "dependents exemption" provision. But doesnt mean we shouldn't ask for it :). its another way to reduce the backlog. And while the practical aspect of what you describe is completely true...what we can argue is - is it fair to bring in thousands of workers and their familes for "work" using one criteria (we do not need families to work for industries) and then ask them to pack up because of backlogs created by another criteria? (too many of you came to work now you suffer because we use a different logic to make you permanently settle here)
    it is a part of IV provisions and proposals. we ask for 10 things and push hard and might get 1 or 2 through.

    H1B is temporary visa.
    Green Card is permanent.

    On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.

    So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.


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  • SunnySurya
    07-28 02:52 PM
    I am also confused now!
    [QUOTE=buddyinsfo;267932]I'm confused...Was the qn regarding an AP update for PDs before June 2006 or after June 2006? In the very first thread it says after. But the same quoted msg in SunnySurya's msg (the very second msg) says before. So, Ppl who said yes, was it for before June 2006 PD or after?

    I feel that many EB2 filers before June 2006 have got this LUD.

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  • gk_2000
    05-04 01:32 PM
    What if you open a company and sponsor your own H1? Ha! That will have a lawyer in knots!


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  • longq
    03-29 11:30 PM
    If what you are saying constitutes a fraud, isnt filing the PERM the first step of the fraud and thats already committed -


    Filing second PERM LC and EB2-140 for a higher level position may not consitute a fraud, if employer already filed EB3 I140. Going in downwards direction will looks like fraud.

    My simple question,: Forget PD porting for a second.. In 140 form employer has to write reason that why second 140 was applied. In this case, what reason employer should write? Will they say that they are depromoting to lower level job.
    Any way, it all depends on USCIS adjudicator. If he overlooks he may get benefit, otherwise it will be a problem for him.

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  • sands_14
    10-17 02:30 PM
    What is yr name if I may ask?


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  • rdehar
    02-10 03:17 PM
    Whats is your PD, Category and Country of Chargeability ?

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  • krishnam70
    07-04 10:29 AM

    CIS has really outdone itself this time

    The CIS has a long and dishonorable history. They have done many unconscionable things in their past, as individuals and as an institution. They are rife with corruption and incompetence. They willfully refuse to follow the law. Their latest stunt, however, tops anything they have done before.

    According to the CIS Ombudsman, the CIS has wasted more than half a million employment based immigrant visas in the last decade. A few years ago, they reserved a huge block of EB immigrant visa numbers with the excuse that they were going to use them to close out a large number of backlogged adjustment of status applications. The result was that the Visa Office had to suddenly retrogress Visa Bulletin cutoff dates. The CIS, of course, didn�t close out even a small fraction of the cases they said they were going to close and tens of thousands of visa numbers were irretrievably lost. Cynical minds believe that they did this deliberately to force a retrogression and stop the filing of additional applications.

    This year, determined to prevent the further waste of visa numbers, the Visa Office advanced cutoff dates so that as many EB immigrant visas as possible could be issued before the end of the fiscal year. A few months earlier, the CIS Ombudsman warned that CIS incompetence and inability to reduce adjustment of status backlogs would likely result in the irrevocable loss of at least 40,000 EB immigrant visa numbers.

    The CIS was said to be very upset by the Visa Office action. They fumed and stomped and finally came up with a plan. This past weekend, they brought in the entire staff of the NSC and TSC and had them pull files. They pulled more than 60,000 pending adjustment of status files and then ordered visa numbers for all of them. Understand, many (most) of these files were missing background security check results and can not be closed. It didn�t matter, the CIS has no intention of closing them, they just wanted to find enough files to order all of the remaining visa numbers and force a retrogression of cutoff dates. This is why the Visa Office had to issue the update yesterday, announcing that there were no more EB visa numbers available for the remainder of the fiscal year.

    By law, the CIS must return all visa numbers they have not used within seven days. Don�t hold your breath waiting for that to happen.

    Consider the effort the CIS put into their scheme to frustrate the plans of thousands of intending applicants. How much overtime pay will the taxpayers have to fork over for this? Worse, I very seriously doubt that we will see more than a few cases actually closed. They will have gone through this entire expensive effort for no reason other than to show that they are capable of throwing an institutional tempter tantrum. At the end of the day, they will again have irrevocably wasted tens of thousands of EB immigrant visa numbers and pushed visa cutoff days back even further.

    And people wonder why we have an immigration problem.

    This entry was posted on July 3, 2007 at 10:22 am and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.

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  • GCBy3000
    06-18 02:17 PM
    To invoke, AC21 you should have filed 485 and passed 180 days.

    In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.

    Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.

    If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.


    Hi Gurus,

    Please comment on my situation.

    My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.

    I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.

    If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.

    1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?

    2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?

    3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.

    4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.

    Thanks in advance!

    10-07 03:05 PM
    I too got transfer mails in April 2008. TSC to NSC to TSC. But when I last checked at infopass they said its at NSC. In April 2009, my approved I-140 is also transferred from TSC to NSC. Last month when I checked at infopass, they said 140 is in "Transit".
    Dont know how and where it will end up?

    09-01 04:45 PM
    Then, I am unlucky then...Can you check your message please...i got interviewed in 10/2005 in Boston and once again in July 2008. They mentioned it is pending visa number available..

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