h1bq
02-08 05:44 PM
Might be slightly more than 6 months...But much faster than EB3/EB2 India/china....
Are you saying this is just 6 months for GC thru L1A ? Wow !:eek:
Are you saying this is just 6 months for GC thru L1A ? Wow !:eek:
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shensh
02-15 09:43 AM
In order to apply under EB1, she must be L1-A holder which means her positions before/after the internal transfer are at executive or managerial level (some companies are very strict on their definition of "executive" level, usually not for someone with 3 years experience). Otherwise she can only get L1-B for skilled worker which is not qualified for EB1.
Her best bet is to apply for H1-B, the fact that her husband is GC holder does not matter to her H1-B application as long as her employer gets her H1-B quota and 797.
Her best bet is to apply for H1-B, the fact that her husband is GC holder does not matter to her H1-B application as long as her employer gets her H1-B quota and 797.
mk26
02-24 08:18 AM
I am also looking for answer on this..Anyone please??
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willwin
10-01 03:09 PM
Where did everyone get the 10 days estimate from??
As far as I read, the production date for the new system is 10/29.. So, maybe suprises in December bulletin.
I don't think there will be any surprises for the next 9 months as India and China have very limited quota per year. Besides the overflow that happens during the last quarter, I guess it is going to be a snail crawl for EB2.
EB3 India - well, can hibernate for the next 3-4 years.
As far as I read, the production date for the new system is 10/29.. So, maybe suprises in December bulletin.
I don't think there will be any surprises for the next 9 months as India and China have very limited quota per year. Besides the overflow that happens during the last quarter, I guess it is going to be a snail crawl for EB2.
EB3 India - well, can hibernate for the next 3-4 years.
more...
jayleno
09-24 10:57 AM
Family based visas has a lot of support from the citizens who are actually voting in the elections, no wonder politicians like it. No matter what you say, anti-immigrants will always twist the truth and spread the news that all these visas are new and will take away American jobs. Dont you think family based people will want to drop all the employment based green cards?
Guys, HR 5882 is having Total recapture of 550,000 visas (Employment Based + Family Based) . We all were hoping that this bill would pass, but it did not pass in Judiciary Committee so far. Probably because of opposition from some lawmakers, may be group of some people due to current state of Economy.
But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
Guys, HR 5882 is having Total recapture of 550,000 visas (Employment Based + Family Based) . We all were hoping that this bill would pass, but it did not pass in Judiciary Committee so far. Probably because of opposition from some lawmakers, may be group of some people due to current state of Economy.
But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
bo12b
11-22 05:13 PM
Hello all,
My 6 year H1B is ending on May 21, 2009. I am eligible to file for a 3 year extension since my 140 is approved and I485 has been filed in Aug 2007. However, my current job situation is pretty shaky and I could be laid off anytime. I have an EAD but would like to continue my H1 because my priority date is Jan 2007 (EB3 India)...i.e. a long GC wait. I have been told by my current employer's attorney that I can start the process of extension 6 months prior to current H1B expiring.
But given my job situation, I was thinking of looking for employment with another employer as soon as possible. Will the new employer be able to file for my H1 transfer AND H1 extension at the same time?
OR
Will they have to file for a transfer first (valid from date of switching to May 21, 2009), then wait for approval and then file for the 3 year extension??
I tried looking around for my question but could not find good thread for answer. Please let me know your views and/or point me to a good source for this information.
Thanks
Bo12b
My 6 year H1B is ending on May 21, 2009. I am eligible to file for a 3 year extension since my 140 is approved and I485 has been filed in Aug 2007. However, my current job situation is pretty shaky and I could be laid off anytime. I have an EAD but would like to continue my H1 because my priority date is Jan 2007 (EB3 India)...i.e. a long GC wait. I have been told by my current employer's attorney that I can start the process of extension 6 months prior to current H1B expiring.
But given my job situation, I was thinking of looking for employment with another employer as soon as possible. Will the new employer be able to file for my H1 transfer AND H1 extension at the same time?
OR
Will they have to file for a transfer first (valid from date of switching to May 21, 2009), then wait for approval and then file for the 3 year extension??
I tried looking around for my question but could not find good thread for answer. Please let me know your views and/or point me to a good source for this information.
Thanks
Bo12b
more...
Blog Feeds
02-05 06:40 PM
AILA Leadership Has Just Posted the Following:
By Eleanor Pelta, AILA First Vice President
H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.
But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.
Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.
How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement�the Department of Labor�but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.
Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.
It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA�these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.
And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.
The assault on H-1B's is not only offensive, it's dangerous. Here's why:
H-1B's create jobs�statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers�this is lost when companies are discouraged from using the program.
The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India �one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
Whatever the cause of the visceral reaction against H-1B workers might be�whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy �I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
https://blogger.googleusercontent.com/tracker/186823568153827945-7575642888668204601?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html)
By Eleanor Pelta, AILA First Vice President
H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.
But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.
Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.
How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement�the Department of Labor�but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.
Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.
It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA�these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.
And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.
The assault on H-1B's is not only offensive, it's dangerous. Here's why:
H-1B's create jobs�statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers�this is lost when companies are discouraged from using the program.
The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India �one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
Whatever the cause of the visceral reaction against H-1B workers might be�whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy �I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
https://blogger.googleusercontent.com/tracker/186823568153827945-7575642888668204601?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html)
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vmetla
09-01 02:09 PM
was it EB2 or EB3
Mine was under EB3.
Mine was under EB3.
more...
Humhongekamyab
09-25 02:14 PM
I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."
Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?
Would appreciate any opinions on this matter. Thank you.
Do you mind sharing the name of your lawyer?
Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?
Would appreciate any opinions on this matter. Thank you.
Do you mind sharing the name of your lawyer?
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GCEB2
06-24 08:06 PM
at the POE i was being given I-94 validity till Nov 2008 but i have visa till 2009, when i asked the immigration officer at POE he told me my passport was expiring in 6 months and told me to get a new passport and come back, when i went back to airport they gave me one I102 form to fill, Iam on H4 visa and i havent used my EAD yet.
My question is
1. if i send the I102 form how long will it take to get new I 94 card.
2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.
3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN
My question is
1. if i send the I102 form how long will it take to get new I 94 card.
2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.
3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN
more...
veni001
02-03 10:24 AM
Just curious. Who's the author/source of that article that you provided the link for? :)
I don't know! but if you think sth is not right in that article we can discuss.
I don't know! but if you think sth is not right in that article we can discuss.
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pd_recapturing
09-24 10:20 AM
My 485 app was received on July 18 at NSC, no checks cashed yet. EAD/ AP recieved on Aug 10 at NSC, got RN for EAD and AP. Is there a possibility of getting EAD card, even if 485 was not filed? One of my freinds was under the same situation, and she and her spouse got the EAD from TSC, without 485 filing.
This is strange. Without cashing the check, how can they process the applications ?
This is strange. Without cashing the check, how can they process the applications ?
more...
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scubadude
May 27th, 2005, 03:05 PM
Armed with that information you can make the following decisions:
a. I need to blur that background so I need a wide aperture, better switch to aperture priority and crank it up.
Roger
b. humans need catchlights in their eyes so i better use some fill flash (you do have your flash mounted all the time right? lol)
All I have so far is the mounted flash that came with the camera (Canon Digital Rebel)
c. hmmm even though she's got a heart of gold and a great smile she gets rather stern looking when i stick this big camera in her face so I have a choice. I can hang out and get a couple of candids when her guard is down, or I can talk to her and get her feeling comfortable about what i'm doing and how she looks.
Actually, at the time, it wasn't in her face. I was down on the field and used a zoom lens at about a 250-ish focal length
d. these dang digital slr's are sooooo unforgiving to these poor ladies that i'll bump up my exposure compensation +1/3 to +2/3 to give her a brighter, "cleaner" look.
I've found that the Canon Digital Rebel tends to go dark, so I'm already shooting at about a +1, but then again, I've only had it for about two weeks now.
e. ok now remember to get the focus point on those eyes and get the eyes above the centerline.
I know it sounds like a lot but with practice and taking lots of pictures and participating in places like dphoto you'll be able to do that kind of drill in the blink of an eye. You will only "need" photoshop for refinement and creative ideas and not need to "fix" photos. You've got good gear and a good attitude and the world is filled with subjects so you're on the right track to success. later, kevin
Thanks a lot for your post! Lots of good info!
John
a. I need to blur that background so I need a wide aperture, better switch to aperture priority and crank it up.
Roger
b. humans need catchlights in their eyes so i better use some fill flash (you do have your flash mounted all the time right? lol)
All I have so far is the mounted flash that came with the camera (Canon Digital Rebel)
c. hmmm even though she's got a heart of gold and a great smile she gets rather stern looking when i stick this big camera in her face so I have a choice. I can hang out and get a couple of candids when her guard is down, or I can talk to her and get her feeling comfortable about what i'm doing and how she looks.
Actually, at the time, it wasn't in her face. I was down on the field and used a zoom lens at about a 250-ish focal length
d. these dang digital slr's are sooooo unforgiving to these poor ladies that i'll bump up my exposure compensation +1/3 to +2/3 to give her a brighter, "cleaner" look.
I've found that the Canon Digital Rebel tends to go dark, so I'm already shooting at about a +1, but then again, I've only had it for about two weeks now.
e. ok now remember to get the focus point on those eyes and get the eyes above the centerline.
I know it sounds like a lot but with practice and taking lots of pictures and participating in places like dphoto you'll be able to do that kind of drill in the blink of an eye. You will only "need" photoshop for refinement and creative ideas and not need to "fix" photos. You've got good gear and a good attitude and the world is filled with subjects so you're on the right track to success. later, kevin
Thanks a lot for your post! Lots of good info!
John