veni001
01-13 05:24 PM
"Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?
A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis."
A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis."
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johnggberg
07-10 07:29 PM
but wish you all the best of luck in canada.
dreamworld
05-02 01:12 AM
Guys Peace..
Every freedom fighter is a terrorist first. We can get this from history. Do you know who killed
mahatma? Why? We can make a different argument. But there are differences between freedom fighters. But the ultimate goal is getting real freedom to the civilians who are fellow souls suffering from all kinds of issues from majority rulers.
Not a single way to solve our immigration issue here in USA and not just ImmigrationVoice is fighting. It applies to any freedom struggle. There are many different freedom fighters fight for the same people for the same case.
Guys look at Srilanka Tamil as Native Tamils from Srilanka and look what was done to them in the last 50 years from the beginning of Srilanka independence from British. Know the history and then make your point.
There is a large humanitarian crisis for Srilanka Tamil in northern Srilanka after the Srilanka military invasion and world is ignoring it.
I know nothing can be brought by killing people but only by peace and democratic and diplomatic approach can bring peace. Peace and Pray for all fallen freedom fighters in the world. Peace and NO WAR.
Every freedom fighter is a terrorist first. We can get this from history. Do you know who killed
mahatma? Why? We can make a different argument. But there are differences between freedom fighters. But the ultimate goal is getting real freedom to the civilians who are fellow souls suffering from all kinds of issues from majority rulers.
Not a single way to solve our immigration issue here in USA and not just ImmigrationVoice is fighting. It applies to any freedom struggle. There are many different freedom fighters fight for the same people for the same case.
Guys look at Srilanka Tamil as Native Tamils from Srilanka and look what was done to them in the last 50 years from the beginning of Srilanka independence from British. Know the history and then make your point.
There is a large humanitarian crisis for Srilanka Tamil in northern Srilanka after the Srilanka military invasion and world is ignoring it.
I know nothing can be brought by killing people but only by peace and democratic and diplomatic approach can bring peace. Peace and Pray for all fallen freedom fighters in the world. Peace and NO WAR.
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fairman
08-18 09:50 PM
What if you have no profile. I mean if somebody is not even in GC line, he/she can't even post in these forums? What kind of lunatic logic is that?
Please put a profile.
Please put a profile.
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ns007
04-28 10:29 PM
Administrator,
There is an another thread on the same topic. Please merge both threads.
Sorry, I didn't see that thread before opening this.
There is an another thread on the same topic. Please merge both threads.
Sorry, I didn't see that thread before opening this.
unseenguy
08-16 06:04 PM
Even if he is detained for sixty hours how its matter for GOI. Are they coming to rescue if you or me detained for 2 hrs...why only for SRK..?
Timing is not in question, the poster's intent or conclusion is biased is all I am saying. I am just saying its profiling and we should make noise as it is unacceptable,
Timing is not in question, the poster's intent or conclusion is biased is all I am saying. I am just saying its profiling and we should make noise as it is unacceptable,
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gcisadawg
05-01 04:22 PM
Don't be too confident that you may never be in the situation like them. Who knows tomorrow ? History tells us that you would be never safe on foreign soil ! If its not you, it would be your next generation who might seek support from your home country
Well said! Being an Indian-Tamilian, it pains to see the whole SL Tamil community caught between the devil (LTTE) and deep sea (SL govt). The SL gov't has used this war cleverly to nurture the hatred between SL Tamil minority and Sinhala majority deep, very deep almost to the point of no return.
Thomas Jefferson, once said, "A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine. "
I really believe Jefferson's worst fear is playing out in Sri Lanka.
Discalimer: I dont support LTTE. Also, I was pained and frustated equally when terrorists killed innocent Indian civilians. So, pls. don't jump on me on that account!
Well said! Being an Indian-Tamilian, it pains to see the whole SL Tamil community caught between the devil (LTTE) and deep sea (SL govt). The SL gov't has used this war cleverly to nurture the hatred between SL Tamil minority and Sinhala majority deep, very deep almost to the point of no return.
Thomas Jefferson, once said, "A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine. "
I really believe Jefferson's worst fear is playing out in Sri Lanka.
Discalimer: I dont support LTTE. Also, I was pained and frustated equally when terrorists killed innocent Indian civilians. So, pls. don't jump on me on that account!
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sumagiri
07-25 11:18 AM
Well, we are talking about 'cutoff date move', not actual approved I485's. If USCIS works in full steam, the EB2 backlog will be reduced quickly, which will result in cut off date move; if they don't, the DOS has to move date forward to allow more CP, that will also cause cut off date move. So either way, the horizontal spill over rule will have a huge positive impact on the EB2 dates move
If USCIS is not efficient, cut off dates do not help much for pending I-485s even if there is a horizontal spill over. If USCIS is efficient, there is nothing to argue, EB2 will be benefited as analyzed by vdlrao , me and many other here. I am only trying to say that USCIS efficiency and its 'Target' for each year is a crucial factor when it comes to speculation. The number of visas approved is directly proportional to agency's efficiency and its set target. Depending on that, some parameters in our calculations change . For example, If they do not use the FB to EB spill over, we will be less by 20k for the year. If USCIS and DOS only utilize 130K out of 140K, we will be less by 10K more.
I am not pessimistic and please note that I am not contradicting any one. I my self did detailed analysis in May 2008 saying that it will wonderful year for EB2. Please find the post here.
http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422
Hope USCIS will works efficiently..
If USCIS is not efficient, cut off dates do not help much for pending I-485s even if there is a horizontal spill over. If USCIS is efficient, there is nothing to argue, EB2 will be benefited as analyzed by vdlrao , me and many other here. I am only trying to say that USCIS efficiency and its 'Target' for each year is a crucial factor when it comes to speculation. The number of visas approved is directly proportional to agency's efficiency and its set target. Depending on that, some parameters in our calculations change . For example, If they do not use the FB to EB spill over, we will be less by 20k for the year. If USCIS and DOS only utilize 130K out of 140K, we will be less by 10K more.
I am not pessimistic and please note that I am not contradicting any one. I my self did detailed analysis in May 2008 saying that it will wonderful year for EB2. Please find the post here.
http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422
Hope USCIS will works efficiently..
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alterego
07-25 08:34 PM
See we came to know from our calculations there are about 10 times increase in EB2 India visas. So that means we are getting visas of 10 years in a single year!!!!!. But theres not much change in the demand of EB2. The demand is amost same as of the previous years. But the supply has increased to 10 times. So in two years, 2008 and 2009, we are getting of 20 years visas. So assuming there were no spill overs, and 20 years from now means in 2028 , wouldn't it be possible to clear off all the EB2s (with out spill overs) with the PDs on or before 2008. So does it make any sense of EB2 getting close to current very soon with the spill overs.
OK, OK, easy with the optimism Vdlrao!:)
Eb India has almost always got more than its statutory limit in the recent past. So to say that the new developments will give us 20 yrs worth of visas is not correct based on the events of recent years.
OK, OK, easy with the optimism Vdlrao!:)
Eb India has almost always got more than its statutory limit in the recent past. So to say that the new developments will give us 20 yrs worth of visas is not correct based on the events of recent years.
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gagbag
07-11 12:55 PM
http://www.ilw.com/articles/2007,0710-lee.shtm
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rahulpaper
06-26 01:51 PM
I sure do hope you are right.....because i am in HR boat as well...
BTW Thanks to you and the core team on CIR front...keep up the good work.
Once again, what is with this "Flood" and "too many". Petitions are postal packages. They are not Tsunami waves that would prompt them to shut down their doors to prevent flooding. They did get nearly 200,000 petitions in Vermont in one day. What happened ? Did the mail room clerk drown in fedex ? Were the packages overflowing in the parking lot ?
Guys please stop thinking these logistics, and get a life. USCIS has people who are capable of predicting several hundred mail packages and handling them. They are inefficient and slow but they are not galactically stupid. And if they stop accepting petitions, it wont be because they have received "Too many" because it takes time to define "too many". So chill and try to file it before 31st July.
These rumors are wreaking havoc on people who are not in a perfect position to control the timing of filing. Many lawyers and many employers will file between 25th and 31st July. And I can accept that. My own HR and lawfirm have made it clear that we will file before 31st July but there is no guarantee that it will be sooner than that and any sooner than that is not neccesary.
Those who are filing on their own can file on July 1st. But those who are depending on lawyers and their own HR, please relax and stop thinking too much.
BTW Thanks to you and the core team on CIR front...keep up the good work.
Once again, what is with this "Flood" and "too many". Petitions are postal packages. They are not Tsunami waves that would prompt them to shut down their doors to prevent flooding. They did get nearly 200,000 petitions in Vermont in one day. What happened ? Did the mail room clerk drown in fedex ? Were the packages overflowing in the parking lot ?
Guys please stop thinking these logistics, and get a life. USCIS has people who are capable of predicting several hundred mail packages and handling them. They are inefficient and slow but they are not galactically stupid. And if they stop accepting petitions, it wont be because they have received "Too many" because it takes time to define "too many". So chill and try to file it before 31st July.
These rumors are wreaking havoc on people who are not in a perfect position to control the timing of filing. Many lawyers and many employers will file between 25th and 31st July. And I can accept that. My own HR and lawfirm have made it clear that we will file before 31st July but there is no guarantee that it will be sooner than that and any sooner than that is not neccesary.
Those who are filing on their own can file on July 1st. But those who are depending on lawyers and their own HR, please relax and stop thinking too much.
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Humhongekamyab
08-15 08:12 PM
We all know how media wants to make new so that they can get more hits on their webpages. Maybe is name randomly got selected and that is why he got grilled - we don't know what did he tell the officer which lead to all this. We all now know about "teachable" moment with the Harvard professor. The facts were not what they appeared initially.
Just because one pays his taxes to the IRS does not mean s/he cannot be audited - even if he is Bill Gates. IRS computer randomly selects people for audit - irrespective of their status in life.
It may be one of these occurrence - we will know with time and let's not speculate until then. Moreover he is an ordinary citizen without any diplomatic privileges. If you or me can be interrogated why can't he be. Every country has a right to protect itself and to set standards for it irrespective of the status of the individual.
Just because one pays his taxes to the IRS does not mean s/he cannot be audited - even if he is Bill Gates. IRS computer randomly selects people for audit - irrespective of their status in life.
It may be one of these occurrence - we will know with time and let's not speculate until then. Moreover he is an ordinary citizen without any diplomatic privileges. If you or me can be interrogated why can't he be. Every country has a right to protect itself and to set standards for it irrespective of the status of the individual.
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samay
07-14 07:12 AM
Is there certain minimum numbers of days one has to stay with the sponsoring company after getting the Green Card.
In my case I have been working with my current employer since Sept-2001 (almost 7 years).
Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.
I was in the middle of using AC21 just before my GC got approved, hence this urgency.
It is normally recommended to work with the sponsoring company for at least 6 months.
In my case I have been working with my current employer since Sept-2001 (almost 7 years).
Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.
I was in the middle of using AC21 just before my GC got approved, hence this urgency.
It is normally recommended to work with the sponsoring company for at least 6 months.
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vactorboy29
09-23 06:20 PM
All this data was generated for last quarter (End of June ).We may see improved numbers in comming updates due to spill over and current approvals for this quarter.
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pmpforgc
03-29 06:34 PM
Thank you for your personal opinion. India was doing well when Vajpayee was PM. He is not some management honcho. It is a vision of the person that is more important. Manmohan is a learned man and has provided country with real good service but real power rests with Sonia and her son Rahul.
Hence. Its a question of ideology in the long run and given my background, BJP govt suits me better than Congress. So I prefer Advani over Sonia.
Hi
I mostly agree with you about Bajpai and Sonia. Bajpai is really a visionary and was good for India.
But we are not talking about Bajpai any more, We are talking baout Advani. He is not Bajpau and he is not visonary like Bajpai he is only Taksadhuu like all other politicians.
I would surely prefer MODI, MANMOHAN, Chidambaram even LALU compare to ADVANI to manage India as Priminister.
We are talking about Who should be Priminister of India, not which party should rule.
So try to be more specific when you reply next time.
I dont go by Party, even in BJP in Gujarat Keshubahi was Worst CM for state where as Modi from Same party is really good. so we should look at who will manage country in the end. I agree that Bajpai and Manmohan has done good job. But not Advani he should be even next to Mayawati in line to be PM !!
Hence. Its a question of ideology in the long run and given my background, BJP govt suits me better than Congress. So I prefer Advani over Sonia.
Hi
I mostly agree with you about Bajpai and Sonia. Bajpai is really a visionary and was good for India.
But we are not talking about Bajpai any more, We are talking baout Advani. He is not Bajpau and he is not visonary like Bajpai he is only Taksadhuu like all other politicians.
I would surely prefer MODI, MANMOHAN, Chidambaram even LALU compare to ADVANI to manage India as Priminister.
We are talking about Who should be Priminister of India, not which party should rule.
So try to be more specific when you reply next time.
I dont go by Party, even in BJP in Gujarat Keshubahi was Worst CM for state where as Modi from Same party is really good. so we should look at who will manage country in the end. I agree that Bajpai and Manmohan has done good job. But not Advani he should be even next to Mayawati in line to be PM !!
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visves
06-26 09:27 PM
I did clarify this with a Fragomen attorney and as per them though dates could technically be moved back in the middle of the month, this most likely may not happen in July and also maybe August since this depends on the number of approvals and not on the number of applications received. Even if there are tons of applications received, unless there are enough approvals happening simultaneously, dates would not retrogress in the middle of the month.
Ok, if the Fragomen page is the source of this rumor: can someone who is a Fragomen client ask their attorney about what's going on here. That might help clarify things a bit. (Given that they are the largest immigration law firm, there's bound to be many IV members for whom Fragomen is preparing documents.)
Ok, if the Fragomen page is the source of this rumor: can someone who is a Fragomen client ask their attorney about what's going on here. That might help clarify things a bit. (Given that they are the largest immigration law firm, there's bound to be many IV members for whom Fragomen is preparing documents.)
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srkamath
07-23 03:10 PM
Legal, Thanks again. Also that is where exactly is the contradiction in analysis.
In my understanding, they must apply any spill over to EB3 too. EB3 gets 28.6% of total quota (Including spill overs). If some one is sure that it is not the case, please correct me.
If spill over was already applied and if EB3 will not open up again, then EB3 already got its share of spill over and EB2 also used up some part of that spill over, so only part of that spill over is left for the 2 months.
If spill over is not applied yet, then EB3 should get 28.6% of what ever is spilled over to total EB quota. Hence EB3 should open up again.
Please note that I am not making this complex. I am only pointing at complexities.
The 28.6% does not apply to spillovers - it is only for fresh allocations. Spill over goes sideways first until all in an EB category are filled, then spills over to the next EB category where again it spills sideways first.
In my understanding, they must apply any spill over to EB3 too. EB3 gets 28.6% of total quota (Including spill overs). If some one is sure that it is not the case, please correct me.
If spill over was already applied and if EB3 will not open up again, then EB3 already got its share of spill over and EB2 also used up some part of that spill over, so only part of that spill over is left for the 2 months.
If spill over is not applied yet, then EB3 should get 28.6% of what ever is spilled over to total EB quota. Hence EB3 should open up again.
Please note that I am not making this complex. I am only pointing at complexities.
The 28.6% does not apply to spillovers - it is only for fresh allocations. Spill over goes sideways first until all in an EB category are filled, then spills over to the next EB category where again it spills sideways first.
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Openarms
08-17 11:53 AM
These morons never learn lessons. He is insulting him self by bitching about it....the Officers are just doing their job to verify their system... Can you imagine that a foreigner coming to India might have to go through ordeal if Indian Official suspects that he is a terrorist just because his records show....He should not forget that US has such system to verify and let him go.... where is SRK and others showing some passion when similar thing happen to President Abul Kalam? where is SRK and others showing some passion when bombings happened and innocent people get killed time and time again in India. Did he called for such system in India??? Where is SRK and others showing some passion that we need to improve Education System so that we can be proud of as Indians again? These guys thinks every thing for me nothing for others. They got all the money in the world they want.. now what?? how much is enough for these guys....People like him should learn life lessons like this and try to change Indian peoples life so that they get respect around the world. I think that is better for all of us. As Indians we should teach them or remind them when they forget those values.
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jhaalaa
01-13 04:56 PM
USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
senthil1
06-26 01:35 PM
The main reason for this kind of fear is many people waited more than 5 years and PD was moving 2 weeks per 3 months. Suddenly PD become current everyone could not believe themselves and still Skeptical about it. This kind of PD movements happened many times in past. This kind of fear is unneccessary and try to file I485 ASAP to get earliest Receipt date.
Logiclife,
All I am saying is, the DOS or USCIS can be unpredictible at times. I know TECHNICALLY there is NO way the July bulletin can retrogress IN JULY. However I would NOT be surprised if that happens. Coz this suddenly creates a FLOOD of Ead applications and AP applications not to mention Finger printing.
Logiclife,
All I am saying is, the DOS or USCIS can be unpredictible at times. I know TECHNICALLY there is NO way the July bulletin can retrogress IN JULY. However I would NOT be surprised if that happens. Coz this suddenly creates a FLOOD of Ead applications and AP applications not to mention Finger printing.
shana04
10-15 03:11 PM
I have built a very simple EB2-I Visa predition model
Making following assumption
15000 new EB2 ROW I-485 applications
12000 new EB1 I-485 applications
EB4/EB5 use 70% of allocated visa (30% spillover)
EB2 Visa Bulletin prediction for FY 2010
Bulletin Quarterly-spillover Annual Spillover
Oct-09 22-Jan-2005 22-Jan-2005
Nov-09 22-Jan-2005 22-Jan-2005
Dec-09 31-Mar-2005 1-Feb-2005
Jan-10 31-Mar-2005 15-Feb-2005
Feb-10 31-Mar-2005 31-Mar-2005
Mar-10 31-Mar-2006 31-Mar-2005
Apr-10 31-Mar-2006 31-Mar-2005
May-10 31-Mar-2006 31-Mar-2005
Jun-10 15-Oct-2006 31-Mar-2005
Jul-10 15-Oct-2006 30-Sep-2005
Aug-10 15-Oct-2006 30-Apr-2007
Sep-10 31-Mar-2007 30-May-2007
Amen! I wish your predictions come true.
Making following assumption
15000 new EB2 ROW I-485 applications
12000 new EB1 I-485 applications
EB4/EB5 use 70% of allocated visa (30% spillover)
EB2 Visa Bulletin prediction for FY 2010
Bulletin Quarterly-spillover Annual Spillover
Oct-09 22-Jan-2005 22-Jan-2005
Nov-09 22-Jan-2005 22-Jan-2005
Dec-09 31-Mar-2005 1-Feb-2005
Jan-10 31-Mar-2005 15-Feb-2005
Feb-10 31-Mar-2005 31-Mar-2005
Mar-10 31-Mar-2006 31-Mar-2005
Apr-10 31-Mar-2006 31-Mar-2005
May-10 31-Mar-2006 31-Mar-2005
Jun-10 15-Oct-2006 31-Mar-2005
Jul-10 15-Oct-2006 30-Sep-2005
Aug-10 15-Oct-2006 30-Apr-2007
Sep-10 31-Mar-2007 30-May-2007
Amen! I wish your predictions come true.
