qualified_trash
11-30 01:22 PM
Does anyone have any insight on this thing called "Last Action Rule"?
Scenario:
1) Visa stamp till Feb 28,2007.
2) Extension of 3 year H1B based on approved I140 starting March 1,2007.
3) International travel, returning to the US on Feb 3.
Now at the port of entry, the officer takes an action of saying your I-94 is valid till Feb 27. Basically this invalidates your previous H approval that starts from March 1. Some "Last Action Rule".
Reference: http://www.murthy.com/news/n_cosapp.html
Has anyone gone through this?
Basically the idea is that the person has to get a new H1B stamp when in India for the extension.
Well the information in the link to Murthy's article that you submitted clearly states the I94 will not invalidate your future approval. so your extension is valid.
I am not sure what your question is?
Scenario:
1) Visa stamp till Feb 28,2007.
2) Extension of 3 year H1B based on approved I140 starting March 1,2007.
3) International travel, returning to the US on Feb 3.
Now at the port of entry, the officer takes an action of saying your I-94 is valid till Feb 27. Basically this invalidates your previous H approval that starts from March 1. Some "Last Action Rule".
Reference: http://www.murthy.com/news/n_cosapp.html
Has anyone gone through this?
Basically the idea is that the person has to get a new H1B stamp when in India for the extension.
Well the information in the link to Murthy's article that you submitted clearly states the I94 will not invalidate your future approval. so your extension is valid.
I am not sure what your question is?
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ganguteli
02-05 08:03 PM
Help!!
Is any company filing new PERM applications in this economy? I was told that my current company (a really big one at that) is holding off PERMs indefinitely because we had some layoffs- indefinitely!
My H1 runs out in Oct 2010, and I heard that I have only till end of Nov 2009 (including what I found out is called recapture time) to file.
Now, I found out that my company have do newspaper/online ads for positions to demonstate that they tested the labor market etc etc (all stuff that I heard from the attorney), and I got the impression that she has no idea when they are going to do this and start filing again, and I got something like a best of luck look from her. I am freaked out now.
Any of you out there know if any companies are still filing PERMs? I am on a EB-2 in Software.
Also, if I join a new company, can I file a PERM immediately? Or is it just best of luck to me?
Looks like I have to look into a Canada visa / Australian or UK visa or better go back and spend sometime in India. Any thoughts from any of you more enterprising folks out there? I have little knowledge of the process (my fault!) but I am stressed and freaked now.
You are undergoing what a lot of H1Bs go through.
They do not care about greencard on H1B thinking that it will come whenver the company applies until it is too late. They enjoy the first 3 years of H1B enjoying America and dollars and do not bother about IV or advocacy or contributing money to IV. I have seen such people even telling others it is a waste of time and making fun of IV. After 3 years they renew H1B thinking that they still have 3 more years. But once 6 years are about to expire they worry that they will have to leave US of A and the land of opportunities. It is at that time they try to start greencard process and check out IV. These same people then start contributing to IV and take this effort seriously.
You still have time of 1 year and 9 months and that is good enough to get your labor through. Good luck and hope you find help from people here.
Is any company filing new PERM applications in this economy? I was told that my current company (a really big one at that) is holding off PERMs indefinitely because we had some layoffs- indefinitely!
My H1 runs out in Oct 2010, and I heard that I have only till end of Nov 2009 (including what I found out is called recapture time) to file.
Now, I found out that my company have do newspaper/online ads for positions to demonstate that they tested the labor market etc etc (all stuff that I heard from the attorney), and I got the impression that she has no idea when they are going to do this and start filing again, and I got something like a best of luck look from her. I am freaked out now.
Any of you out there know if any companies are still filing PERMs? I am on a EB-2 in Software.
Also, if I join a new company, can I file a PERM immediately? Or is it just best of luck to me?
Looks like I have to look into a Canada visa / Australian or UK visa or better go back and spend sometime in India. Any thoughts from any of you more enterprising folks out there? I have little knowledge of the process (my fault!) but I am stressed and freaked now.
You are undergoing what a lot of H1Bs go through.
They do not care about greencard on H1B thinking that it will come whenver the company applies until it is too late. They enjoy the first 3 years of H1B enjoying America and dollars and do not bother about IV or advocacy or contributing money to IV. I have seen such people even telling others it is a waste of time and making fun of IV. After 3 years they renew H1B thinking that they still have 3 more years. But once 6 years are about to expire they worry that they will have to leave US of A and the land of opportunities. It is at that time they try to start greencard process and check out IV. These same people then start contributing to IV and take this effort seriously.
You still have time of 1 year and 9 months and that is good enough to get your labor through. Good luck and hope you find help from people here.
amitjoey
10-14 11:42 AM
I hope EB3 India crosses 2001 curse in couple of months :).
We have been hoping that for the last 3 years.
We have been hoping that for the last 3 years.
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cygent
08-07 08:05 PM
Thanks EkAurAaya,
That is precisely why I have a statement in my signature, to serve as a reminder to all those not fathoming the situation we are in. Hope they will pause & look at the bigger picture & stand together with us very soon!
That is precisely why I have a statement in my signature, to serve as a reminder to all those not fathoming the situation we are in. Hope they will pause & look at the bigger picture & stand together with us very soon!
more...
kaisersose
06-16 01:08 PM
Great topic. wating one more year would mean 12 more months of rent. so even if the house depreciates it would break even considering the lost rent. This is just my opinion assuming that the depreciation would be less than 5-10% till next summer. Experts please list out the hidden costs involved in mortgage for new home buyers to be careful about.
There was a talk on my local radio channel sometime back on the topic.
One guy called up and said he was paying $650 as rent and was planning to buy a home instead to build equity.
The expert gave him advice which I totally agree with. He said, a home will cost you a lot more than $650 a month in mortgage, insurance, property tax and maintenance. You will not really make any money for a long time. If you wish to make money, take the extra money you are willing to spend each month and invest in bonds, etc., which can give you better returns.
I think buying a home as an investment is not the greates idea, unless all the above factors have been considered. The real goal should be that the family or individual wants to live in a house instead of an apartment as a lifestyle choice. If this is not the primary goal, then think twice. Especially true in the case of several immigrants who see a home strictly as an investment and are totally obsessed about the money they will make or lose when they sell it.
Let us face it....no one knows what the real estate market will be 5 years from now, and again in 10 years from now and then again and again. If we want to be absolutely sure that we will sell our home someday and we have to make a profit, then no one can give that gurantee. Thinking along those lines is a pointless exercise.
There was a talk on my local radio channel sometime back on the topic.
One guy called up and said he was paying $650 as rent and was planning to buy a home instead to build equity.
The expert gave him advice which I totally agree with. He said, a home will cost you a lot more than $650 a month in mortgage, insurance, property tax and maintenance. You will not really make any money for a long time. If you wish to make money, take the extra money you are willing to spend each month and invest in bonds, etc., which can give you better returns.
I think buying a home as an investment is not the greates idea, unless all the above factors have been considered. The real goal should be that the family or individual wants to live in a house instead of an apartment as a lifestyle choice. If this is not the primary goal, then think twice. Especially true in the case of several immigrants who see a home strictly as an investment and are totally obsessed about the money they will make or lose when they sell it.
Let us face it....no one knows what the real estate market will be 5 years from now, and again in 10 years from now and then again and again. If we want to be absolutely sure that we will sell our home someday and we have to make a profit, then no one can give that gurantee. Thinking along those lines is a pointless exercise.
coopheal
03-19 03:39 PM
None of them addresses EB issues.
Three High-Skilled Visa Bills Introduced into the House (March 19, 2008)
Increase in H1B numbers etc.....
A person with PhD give special immigration status.etc.....
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5642ih.txt.pdf
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5634ih.txt.pdf
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5630ih.txt.pdf
Three High-Skilled Visa Bills Introduced into the House (March 19, 2008)
Increase in H1B numbers etc.....
A person with PhD give special immigration status.etc.....
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5642ih.txt.pdf
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5634ih.txt.pdf
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5630ih.txt.pdf
more...
sreedhar23
10-17 03:35 PM
Application vs. Use of EAD or Advance Parole:
Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
I didn't know if we use AP we loose H1, any comments Seniors?
To my knowledge once you use AP or EAD we loose our H1B.
Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
I didn't know if we use AP we loose H1, any comments Seniors?
To my knowledge once you use AP or EAD we loose our H1B.
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nixstor
12-14 10:53 AM
1) You do not need one, unless you have no clue about any immigration system or have excess of 1000$
2) around 1000$
3) cic.gc.ca is a good place to start with keeping consultants aside.
There are threads that discussed this extensively before. Check them out.
2) around 1000$
3) cic.gc.ca is a good place to start with keeping consultants aside.
There are threads that discussed this extensively before. Check them out.
more...
LIDIYA
08-23 03:23 PM
:)Our check was cashed today 08/22
We paid with one check for: two I-485�s, and two EAD�s. In little space on the check where it says �for� I wrote fees. So, just want to let you know from my experience that, obviously, it does not matter if you paid with one check for all forms and applicants (in our case total was $1,150) or with separate checks for each application.
Our details:
PD � Aug., 2005
EB-3 ROW
I-485, EDA � reached TSC on Jul. 2nd
Check cashed � 08/22
Called Bank of America and got all 4 case numbers from the back of the check.
Checked INS website � applications were received on Aug. 21st and currently pending.
Receipts were mailed .
All applications were prepared and sent by lawyer, so I don�t know exact time when they reached INS or who signed for it.
Good luck everybody !
We paid with one check for: two I-485�s, and two EAD�s. In little space on the check where it says �for� I wrote fees. So, just want to let you know from my experience that, obviously, it does not matter if you paid with one check for all forms and applicants (in our case total was $1,150) or with separate checks for each application.
Our details:
PD � Aug., 2005
EB-3 ROW
I-485, EDA � reached TSC on Jul. 2nd
Check cashed � 08/22
Called Bank of America and got all 4 case numbers from the back of the check.
Checked INS website � applications were received on Aug. 21st and currently pending.
Receipts were mailed .
All applications were prepared and sent by lawyer, so I don�t know exact time when they reached INS or who signed for it.
Good luck everybody !
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dvb123
12-03 05:11 PM
http://www.immigration-law.com/
more...
chtting2me
07-13 06:03 PM
They removed "watch August bulletin" link on immigration-law.com. Hoping they may release on monday
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gc_kaavaali
03-17 04:14 PM
That is good idea to keep H1B status as much as possible. Use EAD when u have to use it.
Thanks
In continuation to the below thread, I was asked to start a new thread
http://immigrationvoice.org/forum/showthread.php?t=24403
Below is my question, please find some time to respond
I currently working on H1 for the last 5 years.
I am a July 2007 I-485 filer and have my I-140 approved.
From what I read from the above thread -
1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?
2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?
Thoughts....
Thanks
In continuation to the below thread, I was asked to start a new thread
http://immigrationvoice.org/forum/showthread.php?t=24403
Below is my question, please find some time to respond
I currently working on H1 for the last 5 years.
I am a July 2007 I-485 filer and have my I-140 approved.
From what I read from the above thread -
1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?
2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?
Thoughts....
more...
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wandmaker
10-01 01:11 PM
Please don't travel thru countries that impose this ridiculous transit Visa requirement on individuals, especially from India.
I stopped traveling through countries that impose transit visa; Eventually, transit visa requirement will be lifted, if no one flies.
I stopped traveling through countries that impose transit visa; Eventually, transit visa requirement will be lifted, if no one flies.
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rajuram
11-12 09:48 PM
Canada is a great country, I am sure there are plenty of good trash cans all around the country, surely they can hold a small litte I94.
Or how about getting your I 94 framed and selling it on ebay?
Relax..............have a great future in Canada...
Or how about getting your I 94 framed and selling it on ebay?
Relax..............have a great future in Canada...
more...
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karthikgk
06-13 12:57 PM
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
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BharatPremi
03-29 10:26 PM
Though this can be the case but this is relief to those who have been stuck in NC for years ,so in that retrospect six months is far far better . I think many people can see the things to their interpretation , my take is that you never get everything right on the first time, u revisit and make changes and correct special situations that were not taken care of intially. It is a start atleast now we dont have poeple who are waiting in NC for years and asking about WOM.
Yes, agree and that is why I have already mentioned "improved" word in my first post. But clarity need to be established. I am giving USCIS a fair chance by using words "Doubt" and I have tried to research the subject but am not getting much authentic articles on net for the same. If somebody (Authentic article/lawyer/Sr. IV member) is saying that "Yes 6 months is from 485 receipt date".. Then I am fine otherwise it will be a missed oppertunity as we had a chance to have more clarified text from USCIS while it was writing a new memo w.r.t that law suite.
Why I opened this thread? Because I understand the seriousness of this process. After fighting out this, still we will be screwed on this interpretation then again we will be seeing million stuck in a queue (perhaps that may not be a NC queue but different queue.. for an example "processing" queue) And that will be a very darn serious situation...
Yes, agree and that is why I have already mentioned "improved" word in my first post. But clarity need to be established. I am giving USCIS a fair chance by using words "Doubt" and I have tried to research the subject but am not getting much authentic articles on net for the same. If somebody (Authentic article/lawyer/Sr. IV member) is saying that "Yes 6 months is from 485 receipt date".. Then I am fine otherwise it will be a missed oppertunity as we had a chance to have more clarified text from USCIS while it was writing a new memo w.r.t that law suite.
Why I opened this thread? Because I understand the seriousness of this process. After fighting out this, still we will be screwed on this interpretation then again we will be seeing million stuck in a queue (perhaps that may not be a NC queue but different queue.. for an example "processing" queue) And that will be a very darn serious situation...
more...
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GCVictim
07-19 01:33 PM
just I got a news from Greg Siskind's Blog.
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_068854.htm
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_068854.htm
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anilnag
03-22 04:33 PM
I am seeing layoffs are on rise in IT sector these days in California. I am in a good business district area in southern California and most of the companies have frozen new hirings and lots of others are laying off.
Job sites are showing many openings but even if you apply the percentage of calls you get have reduced drastically. Hanging on to wht you got if you can seems to be the only option these days..
Job sites are showing many openings but even if you apply the percentage of calls you get have reduced drastically. Hanging on to wht you got if you can seems to be the only option these days..
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vivekjay
08-05 05:29 PM
For EB based guys, my understanding is that this PD is same as Labor Certification PD which was used for GC - correct me if I am wrong.[/QUOTE]
PD for family based visa is based on the date you file your I-130 for your Spouse. Nothing to do with the Labor certification.
PD for family based visa is based on the date you file your I-130 for your Spouse. Nothing to do with the Labor certification.
grupak
12-10 10:32 PM
Allowing AOS applications and benefits even when numbers are not current is an IV agenda. Of course AOS approval has to wait for PD to be current.
IV is for us all. Join a state chapter, get involved.
Contribute for omnibus.
IV is for us all. Join a state chapter, get involved.
Contribute for omnibus.
chanduv23
03-10 01:13 PM
I am in US.
I received RFE for H1b extension PP last week. Original application was Feb 28, RFE came Mar 6
I am sorry to hear ur situation, but can you tell us more? Like why should someone get a RFE for h1b extension??? I got my h1b extension last year for 3 years without any hasstles and also got stamping, offcourse I provided all tax documents and paystubs (latest) for the H1b extension.
Just trying to understand if this is a pattern now.
I received RFE for H1b extension PP last week. Original application was Feb 28, RFE came Mar 6
I am sorry to hear ur situation, but can you tell us more? Like why should someone get a RFE for h1b extension??? I got my h1b extension last year for 3 years without any hasstles and also got stamping, offcourse I provided all tax documents and paystubs (latest) for the H1b extension.
Just trying to understand if this is a pattern now.
