lazycis
11-20 10:26 PM
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument
Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument
isedkeem
03-06 10:11 AM
Sorry to hear about your ordeals. The good news is that EB3- ROW should move forward at a good clip in a few months - some estimates from a lawyer I talked to seem to indicate a jump into early 2006 by the end of this year, so hang in there and remember that it is darkest before dawn.
If you are keen on a backup, have you considered immigrating to New Zealand? It is a great option if you need a peaceful life and the weather is just like California (unlike Canada) and they have universal health care too. For people who have worked in the US for a few years in recognized fields, NZ is quite easy to immigrate to and very quick. Your English seems to be quite good so I don't see why you should be so disheartened. I guess this advice also applies to Indians who are frustrated with the delays.
Good luck!
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
If you are keen on a backup, have you considered immigrating to New Zealand? It is a great option if you need a peaceful life and the weather is just like California (unlike Canada) and they have universal health care too. For people who have worked in the US for a few years in recognized fields, NZ is quite easy to immigrate to and very quick. Your English seems to be quite good so I don't see why you should be so disheartened. I guess this advice also applies to Indians who are frustrated with the delays.
Good luck!
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
satishku_2000
07-09 05:41 PM
92807 here ...
Jimi_Hendrix
11-08 07:06 PM
Sorry for posting everything onto the forum. I had to do this after several attempts to post the zipped file did not work out.
Anyways I just wanted to post this list so that we have an idea about who are the newly elected Reps in CA. This will help us if we decide to meet some of them in future.
Anyways I just wanted to post this list so that we have an idea about who are the newly elected Reps in CA. This will help us if we decide to meet some of them in future.
more...
immm
07-24 02:00 PM
That gives me some hope..My PD is EB3 India Oct 2004...I am filing 485 now..hope I get GC in 2 years from now!!!!
Haha, me too! My PD is EB3 India mid-march 2002!! And I just filed I-485 thanks to BEC.
Talk about some people getting just so lucky!!
Haha, me too! My PD is EB3 India mid-march 2002!! And I just filed I-485 thanks to BEC.
Talk about some people getting just so lucky!!
Jimi_Hendrix
11-21 10:49 AM
Time: 3pm
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
Topic for Discussion:
� Organizing teams for meeting recently elected politicians
� Create a presentation/script before meeting congressional representative�s office
� Call the congressional person to organize a meeting
� Possible opportunities to create a booth for signing up IV members
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
Topic for Discussion:
� Organizing teams for meeting recently elected politicians
� Create a presentation/script before meeting congressional representative�s office
� Call the congressional person to organize a meeting
� Possible opportunities to create a booth for signing up IV members
more...
485Mbe4001
08-15 11:50 AM
True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.
We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.
What are your thoughts?
actually people are already complacent ..eb2 is in joy and waiting impatiently, eb3 people have given up hope and there is not much news from core. people may not like my post but that is the fact
We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.
What are your thoughts?
actually people are already complacent ..eb2 is in joy and waiting impatiently, eb3 people have given up hope and there is not much news from core. people may not like my post but that is the fact
dpp
07-06 01:33 PM
Why USCIS suddenly did this press release? Something fishy?
Generally they give this update on last week of every month.
for May, 05/24/2007
June, 06/28/2007
For july, 07/06/2007.
I don't know why they updated us so fast with in a week on this.
Generally they give this update on last week of every month.
for May, 05/24/2007
June, 06/28/2007
For july, 07/06/2007.
I don't know why they updated us so fast with in a week on this.
more...
kartikiran
03-06 08:00 PM
I feel like giving up today after I saw a friend of mine leaving to india with a US Citizenship and an overseas citizen of india card.
The irony is he applied two months after me in the same category except his application was from a different state.
Now it makes me think, if I have to go through this process and after 5 years if I end up like my friend, then I might as well do it now...:confused:
The irony is he applied two months after me in the same category except his application was from a different state.
Now it makes me think, if I have to go through this process and after 5 years if I end up like my friend, then I might as well do it now...:confused:
drirshad
09-11 09:04 PM
Every visa bulletin there is some information of the coming months processing that needs to be interpreted. The Oct 08 bulletin talks about the following:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4357.html
E. EMPLOYMENT VISA AVAILABILITY
Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the �unavailability� of all Employment Third preference categories beginning in July, 2) the �unavailability� of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.
Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4357.html
E. EMPLOYMENT VISA AVAILABILITY
Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the �unavailability� of all Employment Third preference categories beginning in July, 2) the �unavailability� of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.
Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.
more...
PD_Dec2002
06-02 10:27 PM
Ironical, isn't it? This diatribe coming from someone whose handle is "BigLoser"!! From which mushrooom did you crawl under?
Thanks, but no thanks!
Jayant
Thanks, but no thanks!
Jayant
NNReddy
04-12 03:22 PM
I have read online that S-corp is better than LLC. Is that true?
more...
saimrathi
07-05 11:22 PM
Please digg
http://digg.com/politics/Suit_Planned_Over_Visas_for_the_Highly_Skilled
http://digg.com/politics/Suit_Planned_Over_Visas_for_the_Highly_Skilled
sri1309
08-14 10:54 AM
I would name such a fund "Visa recapture fund" or something that clearly identifies our requirement. But again, we will not be very loud if you contribute to such funds as, when compared to many others who contribute, our number is very small.
We must be able to push ourselves forward with the clear banner and express ourselves.
Sri.
We must be able to push ourselves forward with the clear banner and express ourselves.
Sri.
more...
bestia
03-18 01:59 PM
--- if you really meant to ask---
Simple answer - More standard deduction with one more dependant as wife
IRS made it mandatory to use SSN because illegal immigrants use ITIN to file taxes. This affected the legal immigrants also where ITIN is used in case of dependants who dont have work visa. If you are not legally eligible to work, you dont get SSN.
The two options left for legal immigrants are -
File separate returns one for self with ssn and another for wife using ITIN and calim one stimulus rebate for 600$
but then you get single standard deduction and your AGI is more that affects your federal and state tax.
If you do the math, its better to file a joint return and forego the stimulus rebate.
There is a catch too, if wife later gets EAD and thus SSN, you can ammend your tax return and claim the stimuls rebate
Yes, I did mean to ask. As far as knew, claiming dependent and filing jointly are not the same thing. But I could be wrong, I'm not an expert here.
But there is another catch. You can file seperately, get stimulus package and then amend your tax return, claim your wife and get more refund.
Simple answer - More standard deduction with one more dependant as wife
IRS made it mandatory to use SSN because illegal immigrants use ITIN to file taxes. This affected the legal immigrants also where ITIN is used in case of dependants who dont have work visa. If you are not legally eligible to work, you dont get SSN.
The two options left for legal immigrants are -
File separate returns one for self with ssn and another for wife using ITIN and calim one stimulus rebate for 600$
but then you get single standard deduction and your AGI is more that affects your federal and state tax.
If you do the math, its better to file a joint return and forego the stimulus rebate.
There is a catch too, if wife later gets EAD and thus SSN, you can ammend your tax return and claim the stimuls rebate
Yes, I did mean to ask. As far as knew, claiming dependent and filing jointly are not the same thing. But I could be wrong, I'm not an expert here.
But there is another catch. You can file seperately, get stimulus package and then amend your tax return, claim your wife and get more refund.
Kodi
06-22 10:41 AM
Nothing so far. I keep checking the status of my application every day but its still "In Process"
more...
pappu
09-12 10:25 AM
/\/\/\/
We need people to run this drive and devote some time to this action item. Please keep this thread alive
We need people to run this drive and devote some time to this action item. Please keep this thread alive
bbct
02-18 04:24 PM
I agree. Mine is December 15, 2005.
Mine too is the same. I hope we are not from the same company. I remember, I had to fight asking my employer to file the labor since they were delaying without giving any reason and they did filed a bunch of labors on the same day.
Mine too is the same. I hope we are not from the same company. I remember, I had to fight asking my employer to file the labor since they were delaying without giving any reason and they did filed a bunch of labors on the same day.
theperm
08-01 05:02 PM
would really like to reflect my thoughts, experience & opinion in writing, but please do note: i don`t have a journalisim background.
krithi
02-18 06:01 PM
haha nice
geevikram
04-29 03:47 PM
Just called Senator Mitch McConnel's(R-KY) office. They were receptive to our message. Also, I was told that Senator is taking messages and has NOT taken a stand yet. Will post more if I call more people.
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