amsgc
05-28 07:42 PM
Here is what I would do:
- Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
- If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
- Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
- Get the H-1B visa and come back in Oct to work for your new employer.
If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.
Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.
Sorry, I think I posted in wrong place.
I'm on L1B for Company A.
My visa, Petition, I-94 are expiring this September.
I was about to begin L1-B Extension.
Now I got news from company B that my H1B petition has been selected in Lottery..
(this is for COS from my L1B to H1B).
Can I go ahead with L1B extension work ?
I do not want to do this, if it will affect the H1 Petition approval.
Please help. Thanks.
- Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
- If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
- Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
- Get the H-1B visa and come back in Oct to work for your new employer.
If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.
Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.
Sorry, I think I posted in wrong place.
I'm on L1B for Company A.
My visa, Petition, I-94 are expiring this September.
I was about to begin L1-B Extension.
Now I got news from company B that my H1B petition has been selected in Lottery..
(this is for COS from my L1B to H1B).
Can I go ahead with L1B extension work ?
I do not want to do this, if it will affect the H1 Petition approval.
Please help. Thanks.
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WAIT_FOR_EVER_GC
07-13 07:46 PM
just spoke to our firms Immigration lawyer, per them, we will see more movement in Aug Bulletin and in Sept Bulletin we will see Retrogression back to May/aug 2005 for EB2
reasoning was Oct # would be released so they r trying to capture as many # as they can
I am april 2006 and it seems it will be a 1 yr wait foir me now.
This is completely bullshit...... I bet on it that the dates will never come back to Augst 2005.
He must have said Aug 2006 not Aug 2005.
Whoever the lawyer is, he has no idea of how cutoff dates are calculated
reasoning was Oct # would be released so they r trying to capture as many # as they can
I am april 2006 and it seems it will be a 1 yr wait foir me now.
This is completely bullshit...... I bet on it that the dates will never come back to Augst 2005.
He must have said Aug 2006 not Aug 2005.
Whoever the lawyer is, he has no idea of how cutoff dates are calculated
alisa
01-27 08:16 PM
My simplistic model breaks down with this data.
With these numbers, the ROW backlog for 2002 should have cleared by now, but it hasn't. The Indian backlog should clear in a few years.
I guess, there is a reason why people don't model these things. The results are no better than pulling things outta thin air if there isn't sufficient data.......
Maybe USCIS needs computers more than we need visa numbers......
If there are any estimates on the number of applicants in the different years, we could try some math on it.....I had assumed 160K applicants for ROW in 2002, and from the numbers that andy provided, that backlog should have cleared in 2004.
Unless we are missing something really really big, things should start moving forward in a year or two. (Especially after USCIS learns about the amazing new invention called a 'computer')
As my lawyer says, in two to ten years, the PDs will be current.....
alisa
i hope that country caps are removed
i also hope it's not at your expense :-)
i don't see why people think these things are mutually exclusive
we all want the best to happen- for ourselves- and as much as we can help it
for everyone else too!!
great work on putting the data together, hopefully we can develop some concise sound bites to present to affected people and to lawmakers.
i do suggest that the final summary should show 3 examples
China EB2 and EB3
India EB2 and EB3
ROW EB3
this way everyone affected sees something about themselves
With these numbers, the ROW backlog for 2002 should have cleared by now, but it hasn't. The Indian backlog should clear in a few years.
I guess, there is a reason why people don't model these things. The results are no better than pulling things outta thin air if there isn't sufficient data.......
Maybe USCIS needs computers more than we need visa numbers......
If there are any estimates on the number of applicants in the different years, we could try some math on it.....I had assumed 160K applicants for ROW in 2002, and from the numbers that andy provided, that backlog should have cleared in 2004.
Unless we are missing something really really big, things should start moving forward in a year or two. (Especially after USCIS learns about the amazing new invention called a 'computer')
As my lawyer says, in two to ten years, the PDs will be current.....
alisa
i hope that country caps are removed
i also hope it's not at your expense :-)
i don't see why people think these things are mutually exclusive
we all want the best to happen- for ourselves- and as much as we can help it
for everyone else too!!
great work on putting the data together, hopefully we can develop some concise sound bites to present to affected people and to lawmakers.
i do suggest that the final summary should show 3 examples
China EB2 and EB3
India EB2 and EB3
ROW EB3
this way everyone affected sees something about themselves
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ckichannagari
06-10 08:44 PM
sent the message ..
I will be asking 6 more friends to do the same.
I will be asking 6 more friends to do the same.
more...
Positive
11-11 08:25 AM
At the minimum legal action will force someone to look into what is going on here. I don't think that AILA is going to partner with us in this initiative.
Cheran
11-11 02:13 PM
I am pasting a reply from my Fragomen Lawyer. Even though he screwed me royally, he was always on the money when it come to any prediction. So he says it will be another couple of years for 2003 EB3 Cases, I am going to take his word....
" Thank you for your e-mail. I regret that I do not have a basis to estimate whether your case will be approved in 2008/2009 as they are currently on October 1, 2001 for EB-3 cases from India. In the meantime I would say that the process could last approximately another two years before an immigrant visa becomes available under EB-3/India."
" Thank you for your e-mail. I regret that I do not have a basis to estimate whether your case will be approved in 2008/2009 as they are currently on October 1, 2001 for EB-3 cases from India. In the meantime I would say that the process could last approximately another two years before an immigrant visa becomes available under EB-3/India."
more...
abhijitp
03-17 06:52 PM
Bumping up!
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ArunAntonio
04-23 05:54 PM
[/QUOTE] Its not like you are going to threaten to vote against them. YOU HAVE NO VOTING power for next 15 years.[/QUOTE]
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Logic Life -- YOU ROCK MAN !!
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dealsnet
04-03 01:03 PM
http://immigrationvoice.org/forum/showthread.php?p=236166#post236166
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psczd4
09-26 12:13 PM
Great work folks!!!�
I am not being pessimistic here but the whole article is more tailored towards H1B visas�Green card is masked by the H1B (that is the way I read this) Should there be not a similar article with an analogy about the backlogs and how this impacts the US economy?
I am not being pessimistic here but the whole article is more tailored towards H1B visas�Green card is masked by the H1B (that is the way I read this) Should there be not a similar article with an analogy about the backlogs and how this impacts the US economy?
more...
prakgc
07-24 07:26 PM
Folks,
Although i did not miss the EVL i sent an incomplete G325A form without the foreign address and the foreign occupation.
I already have an approved I-140. Can i send a updated G325A based on my A#? or should i wait for a RN and then send it.
My worry is what if i don't even get a RN and get a reject?
Although i did not miss the EVL i sent an incomplete G325A form without the foreign address and the foreign occupation.
I already have an approved I-140. Can i send a updated G325A based on my A#? or should i wait for a RN and then send it.
My worry is what if i don't even get a RN and get a reject?
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cn0568
07-22 11:58 PM
I came to US through CompanyA on L1A Visa 4 months back. My L1A Visa is valid till Mar-09. I had applied for the H1B Visa when I was in India. I got the H1B Visa and now has a valid petition effective Oct-07.
I would like to know the following.
Can I join the Company B from Company A without going back to India after Oct-07?
I would like to know the following.
Can I join the Company B from Company A without going back to India after Oct-07?
more...
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trueguy
08-27 12:44 PM
As per this link and comments by the Director of USCIS-
http://immigrationvoice.org/forum/showthread.php?t=21175
Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications.
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
Oct-07 237915 842231 50548 42500 8048
Nov-07 51773 845691 48313 42500 5813
Dec-07 35020 833141 47570 42500 5070
Jan-08 35771 813238 55674 42500 13174
Feb-08 38210 787516 63932 42500 21432
Mar-08 43548 762938 68126 42500 25626
Apr-08 50951 742597 71292 42500 28792
May-08 45357 739934 48020 42500 5520
* Data from USCIS months processing report
** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
** FB is flat (730k-220k CP / 12 months)
We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.
June processing numbers are available
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
June-08 46024 740969 44989 42500 2489
It seems that in FY-2008-Total number of Employment Visas approved were-
Till April 2008=>8048 (Oct'07) + 5813(Nov'07) + 5070(Dec'07) +13174(Jan'08) + 21432(Feb'08) + 25626(Mar'08) + 28792(Apr'08) + 5520(May'08) + 2489(Jun'08) = 115964 (till Jun'08) out of 162704 for 2008.
Also, till April 2008, they had used=> 107955 which is 66% of 162,794.
So, the above comment by the Director of USCIS that till April 08, they had used 65% of the Fiscal 2008 quota is correct.
My guess in July and August is that they have used around 11000.
So liberally there are still 35000 unused visas for Sept. 08 and conservatively around 22000 for Sept. 08.
Do you have this statistics for Jul'2007, Aug'2007,Sep'2007. It will be interesting to know how many I-485 they recieved during Jul'2007 fiasco.
http://immigrationvoice.org/forum/showthread.php?t=21175
Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications.
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
Oct-07 237915 842231 50548 42500 8048
Nov-07 51773 845691 48313 42500 5813
Dec-07 35020 833141 47570 42500 5070
Jan-08 35771 813238 55674 42500 13174
Feb-08 38210 787516 63932 42500 21432
Mar-08 43548 762938 68126 42500 25626
Apr-08 50951 742597 71292 42500 28792
May-08 45357 739934 48020 42500 5520
* Data from USCIS months processing report
** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
** FB is flat (730k-220k CP / 12 months)
We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.
June processing numbers are available
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
June-08 46024 740969 44989 42500 2489
It seems that in FY-2008-Total number of Employment Visas approved were-
Till April 2008=>8048 (Oct'07) + 5813(Nov'07) + 5070(Dec'07) +13174(Jan'08) + 21432(Feb'08) + 25626(Mar'08) + 28792(Apr'08) + 5520(May'08) + 2489(Jun'08) = 115964 (till Jun'08) out of 162704 for 2008.
Also, till April 2008, they had used=> 107955 which is 66% of 162,794.
So, the above comment by the Director of USCIS that till April 08, they had used 65% of the Fiscal 2008 quota is correct.
My guess in July and August is that they have used around 11000.
So liberally there are still 35000 unused visas for Sept. 08 and conservatively around 22000 for Sept. 08.
Do you have this statistics for Jul'2007, Aug'2007,Sep'2007. It will be interesting to know how many I-485 they recieved during Jul'2007 fiasco.
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WeldonSprings
02-13 05:12 PM
By ensuring that Indians do not get H-1 B visas and don't require their services; the US Government is building Trade Barriers in terms of Indian Goods sold there!!!
WE DO NOT WANT COLGATE, VICKS, COCA-COLA AND PEPSI IN INDIA. THROW THEM OUT! THEY REMIND ME OF BRITISH EAST INDIA COMPANY!!!
Skilled immigrant not mucho good googling....:D
The Indian Consulate, New York, provides information on the relevant
Visas. It appears you will have to apply for an Employment Visa. There
is detailed information on the page and a Visa Application Form. I
note there is also a Journalists Visa which is for three months. I
don?t know if this is applicable to your situation.
This is some of the relevant information.
EMPLOYMENT VISA: Employment visas are initially issued for one-year
stay. A copy of the contract with the employer has to be enclosed.
Kindly note that Employment Visa is given only for jobs that require
very high level of skills and expertise. This can be extended by
Foreigners Regional Registration Office in India, if the job contract
continues. Spouses and children are granted co-terminus entry visas on
request.
http://www.indiacgny.org/php/showContent.php?linkid=23
WE DO NOT WANT COLGATE, VICKS, COCA-COLA AND PEPSI IN INDIA. THROW THEM OUT! THEY REMIND ME OF BRITISH EAST INDIA COMPANY!!!
Skilled immigrant not mucho good googling....:D
The Indian Consulate, New York, provides information on the relevant
Visas. It appears you will have to apply for an Employment Visa. There
is detailed information on the page and a Visa Application Form. I
note there is also a Journalists Visa which is for three months. I
don?t know if this is applicable to your situation.
This is some of the relevant information.
EMPLOYMENT VISA: Employment visas are initially issued for one-year
stay. A copy of the contract with the employer has to be enclosed.
Kindly note that Employment Visa is given only for jobs that require
very high level of skills and expertise. This can be extended by
Foreigners Regional Registration Office in India, if the job contract
continues. Spouses and children are granted co-terminus entry visas on
request.
http://www.indiacgny.org/php/showContent.php?linkid=23
more...
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kishdam
02-20 03:28 PM
Thats a slight good news (in the current bad news or no news era regarding legal immigration) - hopefully there are are enough EB1 spillover visas to move EB2 by a few months each quarter.
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abhijitp
03-16 02:24 PM
Renewing the call to folks from North California to go attend the Advocacy Days (all 4 days). Others in North California may be able to help you with airfare, etc. (Check the yahoogroup for more details)
Still looking for someone from North California to take advantage of this!
Still looking for someone from North California to take advantage of this!
more...
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indianindian2006
07-14 07:05 PM
So whether you receive RFE, NOID depends on adjudicator instead of USCIS rules.
That is the reason I was asking you to try to find from your ex-employer if you could get any news.General procedure from what I have read is to issue a NOID but they have given you a RFE which keeps you alive for now.Maybe your ex-emplyer cancelled your 140 after 180 days but again all this is a shot in the dark and only your ex-employer has the answer for this.
That is the reason I was asking you to try to find from your ex-employer if you could get any news.General procedure from what I have read is to issue a NOID but they have given you a RFE which keeps you alive for now.Maybe your ex-emplyer cancelled your 140 after 180 days but again all this is a shot in the dark and only your ex-employer has the answer for this.
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santb1975
07-01 09:42 PM
We have been there and done that. If someone can get results through an online petition please be my guest and take the lead on the initiative. I will gladly wait to be 1000002'nd person signing the petition.
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sanju
11-11 05:37 PM
I am not sure what lobbying efforts would do for us, haven't worked so far...
You have been waiting for your GC approval. Have you gotten it yet? No. Everything you have done hasn't worked. Then why continue to wait for the GC? Lets leave.
You see what I am saying. I am merely using your argument to highlight the ignorance embedded in your post.
I leave it up to IV core to followup on these ideas. I repeat, as I have done so many times, it is all about marketing + media presence. We won the July 2007 visa bulletin battle because of adverse media reaction to the state department. Grass roots stuff is all good, but no one will ever notice it.
I repeat, as I have done so many times, asking others to work on your ideas (which you seem to think are original and your own) is common wisdom on these forums. Next time, try to come up with something original.
.
You have been waiting for your GC approval. Have you gotten it yet? No. Everything you have done hasn't worked. Then why continue to wait for the GC? Lets leave.
You see what I am saying. I am merely using your argument to highlight the ignorance embedded in your post.
I leave it up to IV core to followup on these ideas. I repeat, as I have done so many times, it is all about marketing + media presence. We won the July 2007 visa bulletin battle because of adverse media reaction to the state department. Grass roots stuff is all good, but no one will ever notice it.
I repeat, as I have done so many times, asking others to work on your ideas (which you seem to think are original and your own) is common wisdom on these forums. Next time, try to come up with something original.
.
mps
06-20 03:05 PM
Got GC for me and for my wife.
It was a long frustrating wait time.I am glad its over now. My best wishes to those that are still waiting.
No RFE at any stage, straight forward case, one time took infopass to just find out the status. Total Wait time 5 and half years.
Here are the dates:
I received the card order production mail on 9 June 2008.
Received the welcome letter on 13th June.2008
Received the Card on 16th June.
PD: June 2001 - EB2- India
I 484 applied on 28 th June 2007 - NSC.
Finger print on Aug 26 th. 2007- NSC.
Sep 26 Got EAD. 2007 - NSC.
Original Labor - Sep 2002, Approved in 2006
Labor substitution on May 1st week. 2007 - NSC.
140 approved on May 2nd week. 2007
Joined fulltime April 3rd week, 2008. New employer applied H1 and received.
I have not sent AC21 letter.
No LUD after finger print.
GC Card received- 16 June 2008, me and spouse.
Thanks,
Congratulations !! you are a free man now !
It was a long frustrating wait time.I am glad its over now. My best wishes to those that are still waiting.
No RFE at any stage, straight forward case, one time took infopass to just find out the status. Total Wait time 5 and half years.
Here are the dates:
I received the card order production mail on 9 June 2008.
Received the welcome letter on 13th June.2008
Received the Card on 16th June.
PD: June 2001 - EB2- India
I 484 applied on 28 th June 2007 - NSC.
Finger print on Aug 26 th. 2007- NSC.
Sep 26 Got EAD. 2007 - NSC.
Original Labor - Sep 2002, Approved in 2006
Labor substitution on May 1st week. 2007 - NSC.
140 approved on May 2nd week. 2007
Joined fulltime April 3rd week, 2008. New employer applied H1 and received.
I have not sent AC21 letter.
No LUD after finger print.
GC Card received- 16 June 2008, me and spouse.
Thanks,
Congratulations !! you are a free man now !
pappu
07-05 11:22 AM
Core is putting their time and mmoney and doing this all for everybody
Pray please tell me what the core did for people stuck in BEC's.
Even these people contributed and once the dates were made current everybody and I'm sorry to say including the core forgot about them.
I know I'll be bashed for wrting this and pls dont get offended but I just had to ask.
http://immigrationvoice.org/forum/showthread.php?t=6084
Pray please tell me what the core did for people stuck in BEC's.
Even these people contributed and once the dates were made current everybody and I'm sorry to say including the core forgot about them.
I know I'll be bashed for wrting this and pls dont get offended but I just had to ask.
http://immigrationvoice.org/forum/showthread.php?t=6084
