gc28262
12-20 07:18 PM
Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.
?
I am not convinced about this part. Do you have any link to some USCIS rule/document regarding this ?
As per my understanding H1B employee becomes "out of status" when the employer-employee relationship cease to exist ( laid off )
?
I am not convinced about this part. Do you have any link to some USCIS rule/document regarding this ?
As per my understanding H1B employee becomes "out of status" when the employer-employee relationship cease to exist ( laid off )
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sdudeja
10-25 12:58 PM
My PD is May 21, 2007
pray
08-17 08:55 AM
Chill guys just kidding no point getting worked up about all this.I know it's causing a lot of angst.The best course of action is to get back to our lives and let the chips fall as they may.
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yabayaba
08-11 02:57 PM
Please email to Compete America (info@competeamerica.org) see if they can help us at this point.
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)
It would be better to run a campaign thro IV, need input from the IV leadership.
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)
It would be better to run a campaign thro IV, need input from the IV leadership.
more...
Sunx_2004
10-25 11:32 AM
Priority date: April 2004
Please participate in EB3 Poll
Please participate in EB3 Poll
supers789
03-11 10:57 PM
Thanks for the link... And so sad after all that hype!
more...
amitjoey
07-05 12:34 PM
I just contributed my first $100.00. Go IV!
Thanks map_bolier
Thanks map_bolier
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BharatPremi
03-17 12:14 PM
If we assume this poll is a mirror of actual application load at USCIS then 70% applications were filed before January 2005 (529/750). Out of 529, 223 were filed during June 2003 or before (42% load). Now during last May-June 2007 EB3-I's current PD reached to June 2003. So assuming current stuck ones were product of either PBEC/DBEC labor approval delay and /or Name check delay, they will be virtually ready to go, I mean get a GC rightaway. People with PD having DEC 2003 and before will have fair chance as well.
more...
ImmiLosers
11-22 07:41 PM
Document URL
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)
It looks like law is not clear about revocation of I-140 or am I missing something
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)
It looks like law is not clear about revocation of I-140 or am I missing something
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chanduv23
09-27 11:04 AM
Well - though white racists may oppose - anything related to economy and development does go through.
I personally think that if this proposal goes through - EU will be the next melting pot.
Racism is there everywhere, we find it in US also, even in India, you find caste system and inter state racism. With rising opportunities, such things may not really be visible especially in places where there are free zones.
Does anyone has more info on this?
I personally think that if this proposal goes through - EU will be the next melting pot.
Racism is there everywhere, we find it in US also, even in India, you find caste system and inter state racism. With rising opportunities, such things may not really be visible especially in places where there are free zones.
Does anyone has more info on this?
more...
sganny
04-08 01:00 AM
no no. This is very true. This happened to my friend's friend.
My friend's friend was visiting my friend and was traveling with his dog. The vo asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The vo immediately called my friend and asked if he can take a us dog and have it poop in the park and pee on tire. My friend said yes! And the vo immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.
Iv should do something about this before too late! ;)
roflmao!!!!
My friend's friend was visiting my friend and was traveling with his dog. The vo asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The vo immediately called my friend and asked if he can take a us dog and have it poop in the park and pee on tire. My friend said yes! And the vo immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.
Iv should do something about this before too late! ;)
roflmao!!!!
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kramesh_babu
07-15 12:49 PM
People say you can still use your AP to reenter as long as its not expired.
I have an AP and my Priority date is current. What will happend to my AP when my 485 is approved and I am out of country?
I have an AP and my Priority date is current. What will happend to my AP when my 485 is approved and I am out of country?
more...
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waitnwatch
07-28 12:50 PM
Let's get this straight............
This thread was started by some fake who most probably joined today and has all dates set to 3/24/2005.
Could you guys please find something better to do than getting all worked up with this FAKE thread.
Next thing we will see is a thread saying......."I just shook hands with Donald Duck" and we will start investigating the characters immigrant status, ethnicity and religious leanings.
GOOD LUCK:rolleyes:
This thread was started by some fake who most probably joined today and has all dates set to 3/24/2005.
Could you guys please find something better to do than getting all worked up with this FAKE thread.
Next thing we will see is a thread saying......."I just shook hands with Donald Duck" and we will start investigating the characters immigrant status, ethnicity and religious leanings.
GOOD LUCK:rolleyes:
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pappu
06-11 03:25 PM
Pappu,
Is there a way to know the list of the states the mail was sent to. As you know it is very important for these mails going to all the 50 states in huge numbers.
Thanks,
Rayoflight
The mail will only be sent to your US Senators from your state.
Is there a way to know the list of the states the mail was sent to. As you know it is very important for these mails going to all the 50 states in huge numbers.
Thanks,
Rayoflight
The mail will only be sent to your US Senators from your state.
more...
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pappu
12-26 03:41 PM
6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle.....
So if you travel to India and change planes in Paris you need a transit visa!!
What other countries do that and what countries allow without the visa? this information will be helpful.
So if you travel to India and change planes in Paris you need a transit visa!!
What other countries do that and what countries allow without the visa? this information will be helpful.
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wait4ever
09-28 08:48 AM
I have worked in the EU for more than 6 years - it is a very tough place to work and live - I bet most people here wold not last very long in the EU environment - there is a clear segregation over there huge language issues, huge cultural barriers and serious acceptability hurdles.
All this blue card business is just talk - Germany had introduced a similar card sometime ago and there was a big rush to get those - after a year most of those cards went un utilized and finally Germany killed the scheme, guess what most folks who landed there had tough time getting stuff done and constantly faced huge social resistance.
Also building a permanent life in the EU similar to one that most folks are looking for here - is very difficult not mention expensive and forget about career advancement and all that stuff - every time you feel like getting some satisfaction - just fly down to Amsterdam - that is pretty much it.
The best option for those folks looking to get out of the GC loop is India - that is where the action is if you dont want to stay here.
Most people who say that EU is a great option are clueless about the real world.
"Rising Euro - Blue Card - Promising Opportunities in the EU" - what a laugh !
I would love to find out what is being smoked by folks who come up with these titles - it is probably the same stuff that is being smoked by people who are pushing the DREAM act !!
Let me hear about your opportunities when you are on a crowded S BAHN in uptown Munich and no one will sit next to you even though the train is packed - people would rather stand than sit on a vacant seat next to you.
Enough Said.
All this blue card business is just talk - Germany had introduced a similar card sometime ago and there was a big rush to get those - after a year most of those cards went un utilized and finally Germany killed the scheme, guess what most folks who landed there had tough time getting stuff done and constantly faced huge social resistance.
Also building a permanent life in the EU similar to one that most folks are looking for here - is very difficult not mention expensive and forget about career advancement and all that stuff - every time you feel like getting some satisfaction - just fly down to Amsterdam - that is pretty much it.
The best option for those folks looking to get out of the GC loop is India - that is where the action is if you dont want to stay here.
Most people who say that EU is a great option are clueless about the real world.
"Rising Euro - Blue Card - Promising Opportunities in the EU" - what a laugh !
I would love to find out what is being smoked by folks who come up with these titles - it is probably the same stuff that is being smoked by people who are pushing the DREAM act !!
Let me hear about your opportunities when you are on a crowded S BAHN in uptown Munich and no one will sit next to you even though the train is packed - people would rather stand than sit on a vacant seat next to you.
Enough Said.
more...
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crazyghoda
01-30 01:14 PM
What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
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paulinasmith
08-08 08:50 AM
If you are just another desk jockey, your company made a big mistake sponsoring your H1. H1 visa is only given to people in high demand with special skills where company cannot find a US citizen. Greencard is sponsored by a company when company proves that no USA citizen is available to do your job despite lot of advertising for many months. It is company wanting to keep you permanent instead of just 6 years and not you demanding to be permanent. This is Employment based Green card where employer sponsors you. You do not sponsor yourself unless you are extraordinary in EB1 and world's best. Why can't people get over this and stop demanding greencard as their right. Greencard is a benefit you get for having specialized skills that are in high demand in the job you do. If you think you are unique and no American can replace you after giving ads for several months, what is stopping you from finding another company and challenging them to try advertising for few months for your position. If they find someone, you will happily quit the job and vacate for the American citizen. And if they do not find someone, then they should sponsor you for Greencard. Do you have such courage to talk to HR or CEO of your company?
I agree that there is no direct route or path defined between H1B and green card. In my opinion one have to concentrate on making maximum money USD$.USD$ is the only thing thing country have left remaining with.There are other secure economies where you can invest maximum USD$ (from here) and get better return (better interest rates). Chasing American Dream should be now over after living in the dark harsh realities of US.Many indians are putting their savings in India...
I agree that there is no direct route or path defined between H1B and green card. In my opinion one have to concentrate on making maximum money USD$.USD$ is the only thing thing country have left remaining with.There are other secure economies where you can invest maximum USD$ (from here) and get better return (better interest rates). Chasing American Dream should be now over after living in the dark harsh realities of US.Many indians are putting their savings in India...
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Dakota Newfie
07-03 06:22 AM
...that the system is severely backlogged and needs repair but to say it is unfair to limit the number of immigrants from one country does not make sense. Removing the per country limit would allow one or two countries to dominate the EB system because their high populations allow them to produce more skilled labor. So removing the per country limit would remove the "bias" off these countries and move it to the ones with lower populations; so, in essence the discrimination would be reversed? Maybe a point-based system that incorporates a per country score would be better?
aditya
11-10 09:55 AM
From Jersey City Here
reach me at aditya17.nyc@gmail.com
reach me at aditya17.nyc@gmail.com
chanduv23
09-19 10:52 AM
I was part of the rally... I am proud of IV and everyone who attended it..WHAT tri-state chapter are you talking about ?? How many people are enrolled in it and how many showed up for the rally???
We have a yahoogroups - I am not sure how many attended from that but it has been passive with only few members posting always - I was constantly posting on that urging people to join the rally.
Around 80 people are signed in, you can sign in by visiting http://iv-tristate.blogspot.com/
We have a yahoogroups - I am not sure how many attended from that but it has been passive with only few members posting always - I was constantly posting on that urging people to join the rally.
Around 80 people are signed in, you can sign in by visiting http://iv-tristate.blogspot.com/
