nilcritz
12-20 01:32 PM
Hi everyone,
I read the memo in details as it directly applies to my wife's ability to work and my ability to extend H1. Here is the analysis (I have excluded L visa part). But before that, I would like to acknowledge the works of this "the" person. They dont know how much their post means to others. Thank you so much for digging this out.
1) Husband H1, wife H4 (or vice versa) in 7th year. Wife can now work on a new H1. Her H1 will be valid for a new six year period. She can start work on 1st October 2007 if this is her first H1 and is aproved.
2) If wife had old H1, and say she worked for 1 year and stopped after completing 6 years on H1+H4. She can now transfer old H1 and work for 5 more years.
3) Say, wife starts work and husband loses job. Wife is now H1 and husband is on H4 - they can continue like this till wife's H1 validity period or till the family's GC is approved.
4) Husband H1 + wife H4 in 7th year (assuming GC in progress) and leave the country and stay outside USA. Husband gets transfer back to USA OR gets a new job in USA. Husaband or wife not in any H or L status at this time. They can still use the old H1 and GC process dates to get H1 extension for old H1.
5) H1 employee worked for 2 years and left USA. At any time (not just October), he can use old H1 for transfer and continue for 4 more years OR he can opt for a new 6 year period after 1 year stay outside USA.
Other provisions are for L1/L2 (which I skipped) and for preventing fraud when a person gets H1 and parks his family in US but the person remains outside USA. The memo states that H4 members should be in USA only to accompany the H1 member (provided H1 is in USA and in valid state).
Hope this helps to all. If you have read the memo and if you have anything to add please do so. This is probably the only positive news for H1, H4, GC this year.
I read the memo in details as it directly applies to my wife's ability to work and my ability to extend H1. Here is the analysis (I have excluded L visa part). But before that, I would like to acknowledge the works of this "the" person. They dont know how much their post means to others. Thank you so much for digging this out.
1) Husband H1, wife H4 (or vice versa) in 7th year. Wife can now work on a new H1. Her H1 will be valid for a new six year period. She can start work on 1st October 2007 if this is her first H1 and is aproved.
2) If wife had old H1, and say she worked for 1 year and stopped after completing 6 years on H1+H4. She can now transfer old H1 and work for 5 more years.
3) Say, wife starts work and husband loses job. Wife is now H1 and husband is on H4 - they can continue like this till wife's H1 validity period or till the family's GC is approved.
4) Husband H1 + wife H4 in 7th year (assuming GC in progress) and leave the country and stay outside USA. Husband gets transfer back to USA OR gets a new job in USA. Husaband or wife not in any H or L status at this time. They can still use the old H1 and GC process dates to get H1 extension for old H1.
5) H1 employee worked for 2 years and left USA. At any time (not just October), he can use old H1 for transfer and continue for 4 more years OR he can opt for a new 6 year period after 1 year stay outside USA.
Other provisions are for L1/L2 (which I skipped) and for preventing fraud when a person gets H1 and parks his family in US but the person remains outside USA. The memo states that H4 members should be in USA only to accompany the H1 member (provided H1 is in USA and in valid state).
Hope this helps to all. If you have read the memo and if you have anything to add please do so. This is probably the only positive news for H1, H4, GC this year.
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aachoo
02-13 10:08 PM
Not related to this thread but I did not want to open a new thread for this question..
As you can see I am EB2-I (info above) and am waiting in line for my turn but I am just wondering if L1 route to GC is quicker? If so then how?
Not that I am trying to do it because I can not :) but I know someone who just got his GC via L1 in matter of months and here we all EB guys are waiting..
Thanks.
I know people (Indian) who have applied for EB1 after being in L1 for a couple of years and got the GC in 6 months. There is a category for International Manager (or something similar) that qualifies them for EB1.
-a
As you can see I am EB2-I (info above) and am waiting in line for my turn but I am just wondering if L1 route to GC is quicker? If so then how?
Not that I am trying to do it because I can not :) but I know someone who just got his GC via L1 in matter of months and here we all EB guys are waiting..
Thanks.
I know people (Indian) who have applied for EB1 after being in L1 for a couple of years and got the GC in 6 months. There is a category for International Manager (or something similar) that qualifies them for EB1.
-a
nozerd
01-18 09:22 AM
I think it meand one of 2 things
1) There may be sopme qnquiry telephone number or email available only to lawyers
2) They will work through the AILA liason at TSC. I believe AILA has a liason with that office who can directly bring these up with higher ups involved. Non AILA members wouldnt have office.
1) There may be sopme qnquiry telephone number or email available only to lawyers
2) They will work through the AILA liason at TSC. I believe AILA has a liason with that office who can directly bring these up with higher ups involved. Non AILA members wouldnt have office.
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garybanz
11-02 04:25 PM
I will repeat again that I said earlier.
Again, do not quote some lawyer's opinion on this issue from his/her website.
Papu,
The law seems to have changes due to AC21, I don't think we can get any actual data of any one who got his GC after AC21 and has already converted to citizenship.
It would be really great if IV can contact USCIS and get an official guideline on this topic.
Thanks.
Again, do not quote some lawyer's opinion on this issue from his/her website.
Papu,
The law seems to have changes due to AC21, I don't think we can get any actual data of any one who got his GC after AC21 and has already converted to citizenship.
It would be really great if IV can contact USCIS and get an official guideline on this topic.
Thanks.
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anandrajesh
01-31 03:00 PM
Form No. Current Fee Proposed Fee Difference
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
DAYLIGHT ROBBERY
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
DAYLIGHT ROBBERY
x1050us
07-19 01:03 PM
Thanks to every person who answered this post. I managed to get an appointment in mumbai for Aug 2nd. This will give enough time to send necessary document from my end and also give enough breathing to file the application.
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NYC001
03-16 12:32 PM
http://abclocal.go.com/kgo/story?section=politics&id=3998727&ft=print
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gdilla
07-27 01:34 PM
They've already said to give them until Aug 1st for June filers. Then they will focus on July filers. Simple as that. If your checks aren't cashed by Aug 1/2 for a June filer, then perhaps you have reason to call. If your checks are cashed, then YOU'RE IN, no need to call. Whatever you need is in the mail. If you don't get it by frst week of august, then call.
That was before their newly found 'effeciency'...
more recently, they took 2 days (not even working days) to APPROVE 25000 AOS applications, how hard do you think it is for them to issue receipts ? :)
That was before their newly found 'effeciency'...
more recently, they took 2 days (not even working days) to APPROVE 25000 AOS applications, how hard do you think it is for them to issue receipts ? :)
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apt7
05-29 05:36 PM
So if I'm understanding it correctly. For all the ones who applied for I-140 after May15th 07 all there petitions will be cancelled or revoked? I really that should come from the USCIS as a amendment and not from a news or a blog. I have been browsing the website and yet to find it. Can someone help me out with the exact text from USCIS? :mad:
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
http://www.ilw.com/articles/2007,0530-endelman.shtm
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
... ...
Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
http://www.ilw.com/articles/2007,0530-endelman.shtm
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
... ...
Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
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pani_6
01-06 04:17 AM
http://dallas.eknazar.com/Classifieds/product_desc.php?id=254085
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msyedy
05-22 03:16 PM
u can easily get an affadavit from someone with a business that says u worked there for a period of x days while ur h1 was with yyy company... that puts u into an illegal category too.
i m growing some tomatoes this summer....maybe i can get additional points if i grow them for 100 days every year and then after another 5 yrs i can get some more points in the new merit based system
Well they will easily find out from your SSN number if one is on payroll or not. I am seriously looking into this matter of getting illegal and many of my friends agree. Once the bill passes in its current form we should get advise from a good lawyer to convert status from legal to illegal. It sounds so insane when I say changing for legal to illegal..but that is the hit thing these days.
i m growing some tomatoes this summer....maybe i can get additional points if i grow them for 100 days every year and then after another 5 yrs i can get some more points in the new merit based system
Well they will easily find out from your SSN number if one is on payroll or not. I am seriously looking into this matter of getting illegal and many of my friends agree. Once the bill passes in its current form we should get advise from a good lawyer to convert status from legal to illegal. It sounds so insane when I say changing for legal to illegal..but that is the hit thing these days.
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gc4me
12-03 03:39 PM
I called the customer service # on 11/04 and the guy told me that he is sending email reguest for my FP and I got FP notice (my attorney's office also got one) on 11/13. Hope this helps.
more...
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gcisadawg
04-21 10:36 AM
Sheila,
2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.
Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case
That is exactly right. 10 + 3 yr diploma will wave the first year in 4 year B.E.
In 10 + 2 + 3yr diploma, mostly 11th and 12th grade are redundant.....So, it is only equivalent to 10 + 3yr diploma....
When we were in Engineering after 10+2, we had students who joined us in second year (of a 4yr degree) after completing 10 + 3yr diploma....Our class was benefited tremendously by their practical/industrial experience.
I believe OP has a very difficult case and I dont see a way to get around this.
One thing OP can try is apply for a Masters degree in US from a decent university with his credentials. If he has an admission offer, he can then submit that to USCIS to prove his credentials. US Masters require 12+4 years.
2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.
Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case
That is exactly right. 10 + 3 yr diploma will wave the first year in 4 year B.E.
In 10 + 2 + 3yr diploma, mostly 11th and 12th grade are redundant.....So, it is only equivalent to 10 + 3yr diploma....
When we were in Engineering after 10+2, we had students who joined us in second year (of a 4yr degree) after completing 10 + 3yr diploma....Our class was benefited tremendously by their practical/industrial experience.
I believe OP has a very difficult case and I dont see a way to get around this.
One thing OP can try is apply for a Masters degree in US from a decent university with his credentials. If he has an admission offer, he can then submit that to USCIS to prove his credentials. US Masters require 12+4 years.
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alterego
07-25 01:31 PM
I hate to say it but this is starting to sound very much like an Alcoholics anonymous support group session. LOL.
Let me jump right in!
Get a grip guys. Life is not so bad. What you guys are worrying about is relatively trivial. The odds are heavily stacked in your favor for you to get the green card eventually, most likely within 2 yrs. I can't fathom another 2 plus years with no legislative relief. In the mean time as long as you stick to AC21 rules, you should have the courage to move jobs. Heck, with EAD, you could even move into something part time and try it out before finally deciding to commit etc. My point is you have tremendous flexibility, enjoy that.
In the small chance things do not work out, then you have presumably had an opportunity to save enough to purchase a decent home in India(or wherever your home country may be), a car and your line of work(I'm referring to the predominantly IT folks here) is in such international demand that you will be able to earn a livable wage anywhere, including India.
And here is the real shocker to many of you. There are millions of Americans(probably well over half) who will trade their position in life with you in a heart beat given the privilege, family and social support system, education, world view and demand you are in. Sometimes it is hard to see how blessed you actually are in this world. That is why I have taken a very grim view of people who have compared their issue to slavery etc. That only speaks to their unawareness of that practice.
Now I know none of this is going to get you your green card tomorrow and improve your mistreatment in this needlessly ridiculous and tortuous green card journey. However I am hoping it atleast gives you some perspective.
Let me jump right in!
Get a grip guys. Life is not so bad. What you guys are worrying about is relatively trivial. The odds are heavily stacked in your favor for you to get the green card eventually, most likely within 2 yrs. I can't fathom another 2 plus years with no legislative relief. In the mean time as long as you stick to AC21 rules, you should have the courage to move jobs. Heck, with EAD, you could even move into something part time and try it out before finally deciding to commit etc. My point is you have tremendous flexibility, enjoy that.
In the small chance things do not work out, then you have presumably had an opportunity to save enough to purchase a decent home in India(or wherever your home country may be), a car and your line of work(I'm referring to the predominantly IT folks here) is in such international demand that you will be able to earn a livable wage anywhere, including India.
And here is the real shocker to many of you. There are millions of Americans(probably well over half) who will trade their position in life with you in a heart beat given the privilege, family and social support system, education, world view and demand you are in. Sometimes it is hard to see how blessed you actually are in this world. That is why I have taken a very grim view of people who have compared their issue to slavery etc. That only speaks to their unawareness of that practice.
Now I know none of this is going to get you your green card tomorrow and improve your mistreatment in this needlessly ridiculous and tortuous green card journey. However I am hoping it atleast gives you some perspective.
more...
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insbaby
12-13 06:07 PM
All,
...and may be few on H1 B Visas every year through the outsourcing companies...
So, you are expecting only few H1B petitions go to USCIS in April 2008?
:)
...and may be few on H1 B Visas every year through the outsourcing companies...
So, you are expecting only few H1B petitions go to USCIS in April 2008?
:)
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venky08
12-29 03:07 AM
thanks logiclife for answering my question. as suggested i will consult with my attorney.
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vnsriv
12-12 03:52 PM
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kandhu
01-18 04:31 PM
I have sent the letter to President.
I am in touch with my employer.
I have also contacted around 15 of my friends to mail the letter.
I am in touch with my employer.
I have also contacted around 15 of my friends to mail the letter.
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sushilup
02-17 06:35 PM
Grow up man...think before writing
whatever is not useful to you that doesn't mean it is foolish stuff..
I agree with Cal97...and it was helpful to me also...since i am travelling..
One advise for you...just ignore which is not useful to you...
it probably means.. they are opening each and every mail they have recived and checking if the docs are in order or not..if they are.. they file it...else they send an RFE...
i dont understand..how someone can be so f@#$% dumb as not know this simple procdure..
there are so many posts..i got a LUD what not.... its annoying...
its like.. USCIS touched my lu(n)d..will i get a GC now..
grow up ..
i may have offended some purists on this board.... idgaf..<:-|
whatever is not useful to you that doesn't mean it is foolish stuff..
I agree with Cal97...and it was helpful to me also...since i am travelling..
One advise for you...just ignore which is not useful to you...
it probably means.. they are opening each and every mail they have recived and checking if the docs are in order or not..if they are.. they file it...else they send an RFE...
i dont understand..how someone can be so f@#$% dumb as not know this simple procdure..
there are so many posts..i got a LUD what not.... its annoying...
its like.. USCIS touched my lu(n)d..will i get a GC now..
grow up ..
i may have offended some purists on this board.... idgaf..<:-|
EkAurAaya
10-11 04:23 PM
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
What is your PD? were you stuck in BEC?
What is your PD? were you stuck in BEC?
Soul
02-16 07:45 PM
Oh and when do you think it will be added to the past winners?
- Soul :goatee:
- Soul :goatee:
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