h1techSlave
07-13 07:57 PM
Thanks every body for explaining these things.
And now, what can I do to get out of the "unknown quantity" with a grey square?
Cheers,
h1techSlave
And now, what can I do to get out of the "unknown quantity" with a grey square?
Cheers,
h1techSlave
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bfadlia
02-21 12:11 PM
https://egov.immigration.gov/cris/jsps/ptimes.jsp
JeffDG
01-19 08:05 PM
You almost make it sound like did a EB3 applicant become a "slumdog millionaire" ? :)
If they did, they could just invest and qualify for EB5!:)
If they did, they could just invest and qualify for EB5!:)
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cinqsit
10-07 08:32 PM
Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
more...
furiouspride
08-13 08:18 PM
I have heard for short term consulting projects, they are supposed to provide the duration of a project and say, it is for 3 months, h1 gets approved for 3 months
Next project, get a new h1, so, if you add that up, they can collect 600 Mil
and the client will most likely go belly up :D
Next project, get a new h1, so, if you add that up, they can collect 600 Mil
and the client will most likely go belly up :D
Berkeleybee
04-03 04:36 PM
brb2, Thanks for pointing it out. Actually the figure of 15% makes our case stronger. We will have it changed.
Seeing as how I and Stuck labor were the ones to put that National Interest Fact sheet together thought I should respond:
The NAS report is available at http://fermat.nap.edu/catalog/11463.html
The document is quoting from page ES-8 of the NAS report -- I'm cutting and pasting from the document
"In Germany, 36% of undergraduates receive their degrees in science and engineering. In China, the
figure is 59%, and in Japan 66%. In the United States, the corresponding figure is 32%."
The NAS document end note says "Based on data from Data are from National Science Board. 2004. Science and Engineering Indicators 2004 (NSB 04-01). Arlington, VA: National Science Foundation, Appendix Table 2-33."
The document you have linked to says
In South Korea, 38% of all undergraduates receive their degrees in natural science or engineering. In France, the figure is 47%, in China, 50%, and in Singapore 67%. In the United States, the corresponding figure is 15%.27 In South Korea, 38% of all undergraduates receive their degrees in natural science or engineering. In France, the figure is 47%, in China, 50%, and in Singapore 67%. In the United States, the corresponding figure is 15%.
And the document footnote says
Analysis conducted by the Association of American Universities. 2006. National Defense Education and Innovation Initiative. Based on data in National Science Board. 2004. Science and Engineering Indicators 2004 (NSB 04-01). Arlington, VA: National Science Foundation. Appendix Table 2-33. For countries with both short and long degrees, the ratios are calculated with both short and long degrees as the numerator.
So this is pretty odd -- both are based on the same base dataset, and it looks like the second document calculates the % differently. Also not sure why one says "science and engineering" and the other says "natural science and engineering"
Seeing as how I and Stuck labor were the ones to put that National Interest Fact sheet together thought I should respond:
The NAS report is available at http://fermat.nap.edu/catalog/11463.html
The document is quoting from page ES-8 of the NAS report -- I'm cutting and pasting from the document
"In Germany, 36% of undergraduates receive their degrees in science and engineering. In China, the
figure is 59%, and in Japan 66%. In the United States, the corresponding figure is 32%."
The NAS document end note says "Based on data from Data are from National Science Board. 2004. Science and Engineering Indicators 2004 (NSB 04-01). Arlington, VA: National Science Foundation, Appendix Table 2-33."
The document you have linked to says
In South Korea, 38% of all undergraduates receive their degrees in natural science or engineering. In France, the figure is 47%, in China, 50%, and in Singapore 67%. In the United States, the corresponding figure is 15%.27 In South Korea, 38% of all undergraduates receive their degrees in natural science or engineering. In France, the figure is 47%, in China, 50%, and in Singapore 67%. In the United States, the corresponding figure is 15%.
And the document footnote says
Analysis conducted by the Association of American Universities. 2006. National Defense Education and Innovation Initiative. Based on data in National Science Board. 2004. Science and Engineering Indicators 2004 (NSB 04-01). Arlington, VA: National Science Foundation. Appendix Table 2-33. For countries with both short and long degrees, the ratios are calculated with both short and long degrees as the numerator.
So this is pretty odd -- both are based on the same base dataset, and it looks like the second document calculates the % differently. Also not sure why one says "science and engineering" and the other says "natural science and engineering"
more...
gman
12-22 11:07 PM
Unlike H1B, at the time of layoff, if 485 is pending more than 6 months, you are still in legal status, (in h1b case there is no grace period). There is no time limit to find a similar job. You can stay at home for till your 485 approval, with legal status. Having said that, if INS asks for a eveidence of full time-permanat job you should be in a postion to show the job offer. In simple terms, tou should have a vaild job offer at the time of approval of your 485.
If i-485 has been pending for more than 6 months and I suddenly get laid off can i leave the country and come back when it's approved? Or can I leave the country and come back in a few months with or without job offer?
If i-485 has been pending for more than 6 months and I suddenly get laid off can i leave the country and come back when it's approved? Or can I leave the country and come back in a few months with or without job offer?
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BigMouth
12-11 07:43 AM
guys, do u see any issues/problems on Landing Canada while pending 485 and coming back on AP.
I have my valid H1b renewed but visa expired on my passport and my spouse has valid AP. I heard that there is a problem on US immigration process if you have Canadian PR during your 485 pending?? IS anybody gone thourgh in this situation???
I have my valid H1b renewed but visa expired on my passport and my spouse has valid AP. I heard that there is a problem on US immigration process if you have Canadian PR during your 485 pending?? IS anybody gone thourgh in this situation???
more...
pappu
07-14 10:18 AM
Nobody knows much about when Skil bill will be debated. Webfaxes are a means to influence lawmakers to bring this to the floor of the house. Independent analaysis by a lawfirm based on collection of information from various sources indicates the chance that some business backed bill for high skilled immigrants will be passed this year. There is a 45% chance that it will get passed early next year. You can view details on this link.
http://photos1.blogger.com/blogger/7644/2582/1600/chart_alert7.11.2006.gif
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coolman
07-01 11:40 AM
My daughter is in college and I was wondering if there is any chance of getting a FAFSA loan for her with I-485 application applied in July 2007.
Thanks
Thanks
more...
illinois_alum
06-06 04:58 AM
See responses in red below. Guys...I don't understand why there's so much of confusion. How is it that you can't figure out what the manner of your last entry was??? If you used H1 then it has to be H1, if you used AP then has to be PAROLEE! In any case, this is stamped on your I-94...just check there.
Hi illinois_alum and sanjayc,
I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:
1. Manner of Last Entry : Should it be H-1B?Check your I-94. I-94 stamp tells you your manner of last entry and current immigration status
2. Current Immigration Status : H-1B? We never used EAD/AP to work or travelI don't know when this would be different from the Manner of Last Entry. This field entry should be same as previous one
6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?I think there is a Drop Down...you can't just enter your own text (don't remember 100% though. But if this is text then just enter (c)(9) - this already means that you have EAD eligibility because you have filed for AOS/I-485
Thanks for your help.
Hi illinois_alum and sanjayc,
I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:
1. Manner of Last Entry : Should it be H-1B?Check your I-94. I-94 stamp tells you your manner of last entry and current immigration status
2. Current Immigration Status : H-1B? We never used EAD/AP to work or travelI don't know when this would be different from the Manner of Last Entry. This field entry should be same as previous one
6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?I think there is a Drop Down...you can't just enter your own text (don't remember 100% though. But if this is text then just enter (c)(9) - this already means that you have EAD eligibility because you have filed for AOS/I-485
Thanks for your help.
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nixstor
04-13 06:30 PM
Gurus,
Please help me guiding in my situation:
I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.
I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
They had sent me a questioner about previous employer about salary being paid etc.
I am not sure what should I be doing in this situation:
If I reply with all facts this might effect my pending H1B status for new employer.
If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.
Third Option could be that I do not respond at all
[They had mentioned that I am NOT required to respond.]
I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.
Thanks
Saurav
If you decide to reply, tell the truth.
Telling the truth about not getting paid will not get your new H1 extension into jeopardy. If you already filed for extension and do not have pay stubs for a period of time, you will possibly receive a RFE for lack of pay stubs. your response will help as an explanation of the employer's violations in case of a RFE and possibly can get you paid for the time you were not paid.
Please help me guiding in my situation:
I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.
I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
They had sent me a questioner about previous employer about salary being paid etc.
I am not sure what should I be doing in this situation:
If I reply with all facts this might effect my pending H1B status for new employer.
If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.
Third Option could be that I do not respond at all
[They had mentioned that I am NOT required to respond.]
I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.
Thanks
Saurav
If you decide to reply, tell the truth.
Telling the truth about not getting paid will not get your new H1 extension into jeopardy. If you already filed for extension and do not have pay stubs for a period of time, you will possibly receive a RFE for lack of pay stubs. your response will help as an explanation of the employer's violations in case of a RFE and possibly can get you paid for the time you were not paid.
more...
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PD_Dec2002
07-13 03:27 PM
Hi:
Why and how do members get those green and red squares when they post messages? I do know red squares are bad since a mouseover shows the text that the member has had some bad behavior. However, I have seen various texts for green squares. Mine says "I'm on a distinguised road"...I had no idea I was on one, but I sure do hope it ends with a Green Card in hand! :)
Anyway, does anyone know all the different variations of text for green and red squares and how do they change for different members?
Thanks,
Jayant
Why and how do members get those green and red squares when they post messages? I do know red squares are bad since a mouseover shows the text that the member has had some bad behavior. However, I have seen various texts for green squares. Mine says "I'm on a distinguised road"...I had no idea I was on one, but I sure do hope it ends with a Green Card in hand! :)
Anyway, does anyone know all the different variations of text for green and red squares and how do they change for different members?
Thanks,
Jayant
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am2006
12-08 08:34 AM
Called Senator Tom Price - 770-565-4990. Was asked the Bill #.
What's the Bill # and which house is it being introduced in?
What's the Bill # and which house is it being introduced in?
more...
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radhagd
03-26 11:18 AM
Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
You should have 5 years experience after your Bachelor degree. Experience before degree will not be counted towards progressive experience. It happened in my case in Eb2 I140
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
You should have 5 years experience after your Bachelor degree. Experience before degree will not be counted towards progressive experience. It happened in my case in Eb2 I140
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Mohit_Malkani
02-25 04:12 PM
Guys,
The I140 processing dates for VSC show as 1 April 2006 and have been the same atleast for the last 1 year. I called customer service but couldnt get a straight answer from them - the standard bs about RD being well within standard processing times etc. Anyway, does anyone have an idea about this issue???
:mad::mad:
The I140 processing dates for VSC show as 1 April 2006 and have been the same atleast for the last 1 year. I called customer service but couldnt get a straight answer from them - the standard bs about RD being well within standard processing times etc. Anyway, does anyone have an idea about this issue???
:mad::mad:
more...
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ivgclive
07-25 10:00 AM
Wait a minute....
So, it does not matter whether you have GC or not,
Dealing with USCIS and paying lawyers are part of rest of your life....
So, it does not matter whether you have GC or not,
Dealing with USCIS and paying lawyers are part of rest of your life....
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ssharma
04-27 01:36 PM
Your question has been answered at www.immigration-law.com ( advanced Q&A section). I am copy pasting :
Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date?
A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.
Ref: http://www.immigrationportal.com/archive/index.php/t-210170.html
Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date?
A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.
Ref: http://www.immigrationportal.com/archive/index.php/t-210170.html
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sgorla
02-20 04:51 PM
If you filed in PERM system, you should be able to find your case. I was able to see my case based on the LC case number. DOL has database for fiscal years 2003 thru 2006.
This is useful, but I doubt its accuracy because some of the cases I know - including mine - are missing !!
This is useful, but I doubt its accuracy because some of the cases I know - including mine - are missing !!
dixie
09-19 04:06 PM
We should just be asking for relief on waiting times, ability to travel freely, and change jobs.
Unfortunately, this requires a complete overhaul of the immigration system; not minor amendments. For instance, if we want the ability to change jobs freely that is really asking to de-couple the whole H1-B/GC system from our employers. You know very well how things work with current law: EVERYTHING related to our presence in the US; whether that is the work visa, LC or even the PD is OWNED by our employers.
I do agree that increasing visa numbers does not make good PR for our cause.
But the only quick and non-controversial fix (without increasing visa numbers) that I can think of is recapture and ability to file 485 without a visa number.
However, we cannot shy away from explaining how our problems can be solved .. after all average americans have no clue of how their country's immigration system works; if we dont do the explaining the anti-immigrant groups will do that for us with their own interpretation.
Unfortunately, this requires a complete overhaul of the immigration system; not minor amendments. For instance, if we want the ability to change jobs freely that is really asking to de-couple the whole H1-B/GC system from our employers. You know very well how things work with current law: EVERYTHING related to our presence in the US; whether that is the work visa, LC or even the PD is OWNED by our employers.
I do agree that increasing visa numbers does not make good PR for our cause.
But the only quick and non-controversial fix (without increasing visa numbers) that I can think of is recapture and ability to file 485 without a visa number.
However, we cannot shy away from explaining how our problems can be solved .. after all average americans have no clue of how their country's immigration system works; if we dont do the explaining the anti-immigrant groups will do that for us with their own interpretation.
sangeethak31
07-15 12:16 PM
As I am going for a H1 Visa renewal, I am not having an attorney.
Could someone please provide me a template.
Thanks,
Sangeetha K
Could someone please provide me a template.
Thanks,
Sangeetha K
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