go_guy123
05-18 07:44 PM
Unfortunately lot of fresh PhDs who apply as EB-1 even after getting a faculty position are usually denied on grounds of lacking enough professional experience. It is not easy to be qualified as a n EB-1 even if you have a PhD. So, most of the PhD's I know are in the EB-2 queue.
Perhaps so. Because most ones I know (faculty) are in EB1. Actually
a lot of denials can be appealed and they can get EB1. But often faculty
arent aggresive about it and are fine with EB2. Patience is a virtue all PhDs
have (live on 17K annual salary for 5 to 6 years followed by 1 year as post doc on around 30K) and you guys complain of 50K salary.
However not many Phd are awarded each year and the impact wont be much. STEM Masters/PhD along with using of unused previous quota will
make a significant impact.
However based on past experience I doubt the Hispanic caucus will
allow this to pass. H1B/EB reform is the sweetener for the amnesty bill
they want to pass. Allowing this to pass leaves the most politically toxic waste to be left behind for CIR.
However we should always try our best. Atleast they are taking of
EB reform now.
Perhaps so. Because most ones I know (faculty) are in EB1. Actually
a lot of denials can be appealed and they can get EB1. But often faculty
arent aggresive about it and are fine with EB2. Patience is a virtue all PhDs
have (live on 17K annual salary for 5 to 6 years followed by 1 year as post doc on around 30K) and you guys complain of 50K salary.
However not many Phd are awarded each year and the impact wont be much. STEM Masters/PhD along with using of unused previous quota will
make a significant impact.
However based on past experience I doubt the Hispanic caucus will
allow this to pass. H1B/EB reform is the sweetener for the amnesty bill
they want to pass. Allowing this to pass leaves the most politically toxic waste to be left behind for CIR.
However we should always try our best. Atleast they are taking of
EB reform now.
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bergotti
08-23 05:27 PM
Is this category seen as one or is it split into many countries and if so how do you find out about a particular country within ROW?
Thanks
Thanks
kola
05-04 01:48 PM
Hi Madhuri,
Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.
Any help is greatly appreciated.
Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.
Any help is greatly appreciated.
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psk79
10-15 01:10 PM
Is this her first time into US? if so, i guess they are trying to make sure your h1b is still valid. Since they see that you entered on AP, it might be confusing them. I am assuming you work for the same h1 employer who also sponsored your GC. Now all attorneys have told us that the law says you can resume your h1b once you are back on AP but lot of IO's don't care about it. Now you can just send an employer/personal letter stating that you are currently in the same job for which your H1 is approved and also have a I140 pending/approved for the same. Mention that you are still on H1b while you entered using your AP. Hence you never got your H1b visa stamped at the consulate. It shouldn't be a problem unless you are trying to get H$4 via a H1b from a former employer while you are working on EAD for someone else.
more...
texanguy
06-10 12:40 PM
i think you are missing the point. this will put things in perspective, that current stupid and archaic practice of giving 1 year AP to India and China EB folks is outdated and that current delays are more to the tune of 10 + years. This will create awareness!!!
I support this !
I do not support this.
one, We simply do not want a temporary fix to our big genuine bureaucratic issue. and two, we are not alone, there are others who are filing/have filed labor/i140s and are waiting to file 485s.
also, it will mellow down our resolve to overcome this injustice.
money is really not the issue, as if they issue a 10 year EAD, they are definitely gonna make it that much more expensive, and USCIS cannot delay EAD APs, as that would make our case even stronger.
I support this !
I do not support this.
one, We simply do not want a temporary fix to our big genuine bureaucratic issue. and two, we are not alone, there are others who are filing/have filed labor/i140s and are waiting to file 485s.
also, it will mellow down our resolve to overcome this injustice.
money is really not the issue, as if they issue a 10 year EAD, they are definitely gonna make it that much more expensive, and USCIS cannot delay EAD APs, as that would make our case even stronger.
H1B-GC
04-10 04:41 PM
163,000 applns for general and more than 31,200 applns for advanced degree.
How come Freaking 'Loudoggs' say 400K Applications were received by USCIS on his show . Freaking lier.
How come Freaking 'Loudoggs' say 400K Applications were received by USCIS on his show . Freaking lier.
more...
luckylavs
05-15 12:30 PM
Gurus: Any idea if there will be visa movement for IN in the near future...
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alterego
08-21 07:19 PM
Congrats. on getting out of the queue!
Was your a physician HPSA NIW or another type of NIW?
Was your a physician HPSA NIW or another type of NIW?
more...
ChainReaction
02-21 12:06 PM
Satish,
Did you see these updated today (2/21) ?
Where did you see that ??
Thanks
I am also looking for the update, can someone post the url for the site.
Did you see these updated today (2/21) ?
Where did you see that ??
Thanks
I am also looking for the update, can someone post the url for the site.
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chanduv23
09-10 07:54 AM
Though there are companies that do have ethics - most of these people have exploited their employees and continue to behave unethically - they drive expensive cars and behave with arrogance on face of their employees who are working hard and earning for these cayotes.
These cayotes have this love affair with Attorneys - and they have this common protocol on how to handle their employee.
As long as the community is scared - wants to lie low and not want to rise - we will still be in this situation.
IV HAS PROVIDED AN EXCELLENT PLATFORM FOR ALL THE PEOPLE TO COME FORWARD.
I would recommend that IV members who are affected by such cayotes must utilize the resources IV has provided and try to get more media attention.
I encourage people to do youtube videos using hidden cameras when their employers are trying to talk or do dirty deals.
Write blogs, make all this visible.
These cayotes have this love affair with Attorneys - and they have this common protocol on how to handle their employee.
As long as the community is scared - wants to lie low and not want to rise - we will still be in this situation.
IV HAS PROVIDED AN EXCELLENT PLATFORM FOR ALL THE PEOPLE TO COME FORWARD.
I would recommend that IV members who are affected by such cayotes must utilize the resources IV has provided and try to get more media attention.
I encourage people to do youtube videos using hidden cameras when their employers are trying to talk or do dirty deals.
Write blogs, make all this visible.
more...
zCool
04-15 03:08 PM
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
-- No. Plenty of folks travel during AOS. Never heard need to update. They ask while applying coz last enter date before filing of AOS is important for identifying status and validity.
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
-- You may want to keep copy of I-94s for your purpose. it's a good practice regardless. But NO. there should not be issue with surrendering.
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
-- Folks can have trouble re-entering for any number of reasons. but having valid h1 visa and no AP isn't one of them.
Dear Friends:
I would appreciate if someone could answer these 3 questions for me:
As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.
-- No. Plenty of folks travel during AOS. Never heard need to update. They ask while applying coz last enter date before filing of AOS is important for identifying status and validity.
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
-- You may want to keep copy of I-94s for your purpose. it's a good practice regardless. But NO. there should not be issue with surrendering.
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
-- Folks can have trouble re-entering for any number of reasons. but having valid h1 visa and no AP isn't one of them.
Dear Friends:
I would appreciate if someone could answer these 3 questions for me:
As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.
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tabletpc
11-30 01:27 PM
Nissan1,
thanks for the reply...
6 month wait time is much better than 5+ years...
thanks for the reply...
6 month wait time is much better than 5+ years...
more...
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rsharma
07-24 06:58 PM
rsharma:
For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.
So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".
Thank you attorney Sauer and all other IV members for replying to my question.
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?
The processing dates are passed my received date and notice date in the processing center where my application is processed.
Please let me know your thoughts.
For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.
So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".
Thank you attorney Sauer and all other IV members for replying to my question.
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?
The processing dates are passed my received date and notice date in the processing center where my application is processed.
Please let me know your thoughts.
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clif
06-15 01:35 PM
Experts, Please advice on this :
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both?
Is it safe to file for extension now or will it affect I-485 filing in July if the extension takes 2-3 months to be approved? My company is asking me for documents to file for extension and I have no idea about their plans for I-485 filing.
Also, less importantly, if I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both?
Is it safe to file for extension now or will it affect I-485 filing in July if the extension takes 2-3 months to be approved? My company is asking me for documents to file for extension and I have no idea about their plans for I-485 filing.
Also, less importantly, if I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
more...
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simple1
10-07 04:13 PM
Leave the usa immediatly. you are already out of status.
Consult your attorney before taking any decision.
hi,
I am in a similar situation.
I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
I got the approval yesterday with a letter saying that my extension of stay has been rejected.
The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).
Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?
Any advice is valuable to me.
Thanks in advance.
Consult your attorney before taking any decision.
hi,
I am in a similar situation.
I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
I got the approval yesterday with a letter saying that my extension of stay has been rejected.
The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).
Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?
Any advice is valuable to me.
Thanks in advance.
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harrydr
01-06 09:56 AM
Hey Teddy,
During you process for porting from EB3 to EB2 did you:
1. Do this within the same organization after getting your advanced degree?
2. Did you have to file for a new PERM and start from the begineeing under EB2?
3. Were you successfully able to port your PD or did you start with a new PD under EB2?
During you process for porting from EB3 to EB2 did you:
1. Do this within the same organization after getting your advanced degree?
2. Did you have to file for a new PERM and start from the begineeing under EB2?
3. Were you successfully able to port your PD or did you start with a new PD under EB2?
more...
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abhijitp
02-16 11:07 AM
See you there on Sunday
This is awesome!
Gsc999 we promise to do our best here too... we badly need volunteers, though.
This is awesome!
Gsc999 we promise to do our best here too... we badly need volunteers, though.
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Libra
10-23 01:43 PM
My I-140 pending over a year finally got approved. got an RFE a2p and replied on 4th of oct. approval date 22 oct.
good luck guys.
good luck guys.
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saileshdude
06-25 11:00 AM
You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.
Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.
Please elaborate if you can on this.
Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.
Please elaborate if you can on this.
pd_recapturing
04-04 03:25 PM
It also talks about 180 days rule. On the other hand, they are still sending denial notices to ppl whose 140 have been revoked by the employer.
"In most cases, the job offer in the Form I-140 must remain valid and available to the alien beneficiary until s/he obtains permanent resident status. In some limited circumstances, the law allows adjustment applicants to change employers without interrupting their eligibility for adjustment of status if the Form I-140 has been approved and the adjustment application has been pending for at least 180 days. USCIS recognizes that some workers may want to take advantage of this provision in the law and has increased its emphasis on processing the underlying employer petitions independent of the availability of a visa for the finalization of the adjustment of status application"
"In most cases, the job offer in the Form I-140 must remain valid and available to the alien beneficiary until s/he obtains permanent resident status. In some limited circumstances, the law allows adjustment applicants to change employers without interrupting their eligibility for adjustment of status if the Form I-140 has been approved and the adjustment application has been pending for at least 180 days. USCIS recognizes that some workers may want to take advantage of this provision in the law and has increased its emphasis on processing the underlying employer petitions independent of the availability of a visa for the finalization of the adjustment of status application"
gcwait2007
06-29 11:58 PM
Chanduv23,
What about RFE without being current? Can it also be taken as Pre-adjudicated? Pls advise.
Thank you
What about RFE without being current? Can it also be taken as Pre-adjudicated? Pls advise.
Thank you
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