newbie09
08-05 07:57 PM
Need help!!!
I'm in US on L1 with company A, company B filed for H1B in Apr'09, H1 is not yet approved, and my L1 is also expiring in Nov'09. Since I'm not sure if I will get H1 approved, I have applied for L1 extension with company A.
My question is:
1. What will happen if I get H1 approved before Oct'09? Will I have to leave Company A and start working for compay B (H1) from 1st Oct even when L1 extension is in process?
2. If L1 extension is approved before 1st Oct, will I be able to continue working for comapny A, even if my H1 is approved?
Basically I don't want to be out of status or do anything against visa rules.
Please guide me on this situation.
I'm in US on L1 with company A, company B filed for H1B in Apr'09, H1 is not yet approved, and my L1 is also expiring in Nov'09. Since I'm not sure if I will get H1 approved, I have applied for L1 extension with company A.
My question is:
1. What will happen if I get H1 approved before Oct'09? Will I have to leave Company A and start working for compay B (H1) from 1st Oct even when L1 extension is in process?
2. If L1 extension is approved before 1st Oct, will I be able to continue working for comapny A, even if my H1 is approved?
Basically I don't want to be out of status or do anything against visa rules.
Please guide me on this situation.
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smisachu
09-26 12:04 PM
Please, Have an open mind. Don't make statements like this. IV has people from across the globe and each country has its own issues. We are trying to deal with the issues in the US and lets focus on that and not drag in other countries as examples (good or bad).
Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
bazuka6
11-21 11:02 PM
That's probably the path most people with (EB3 2003 onwards/EB2 2004 onwards) will take from now on. The only hurdle is there is no clarity about the law regarding H1B extensions granted on an approved I-140. Most people have run out of H1B and will have to change jobs on the extensions. I hope USCIS issues a clear guidance on this issue. Also you might not have to let go of the priority date if your company is kind enough.
There is clear guidance in that H1-B petitioner seeking extension does not have to be the same employer that had filed (and approved) the I-140. Once you have an approved 140, anyone can extend your H1 for 3 years
There is clear guidance in that H1-B petitioner seeking extension does not have to be the same employer that had filed (and approved) the I-140. Once you have an approved 140, anyone can extend your H1 for 3 years
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gsc999
04-20 02:44 PM
Maybe no banners or signs because this is a town-hall style meeting and not a rally. I'll let you know if its ok to do that.
But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.
--
Ok, I will get a couple.
But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.
--
Ok, I will get a couple.
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webm
03-17 04:56 PM
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
well said dude!!!
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
well said dude!!!
mrane1
03-15 06:30 PM
C'mon guys, what the hell have you been doing for so long?
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
Dude, No one has been waiting on purpose! Do you even have a clue what was going on in 2002/03/04/05... Even though numbers were current the Labor process used to take 3-4 years! If your labor is not clear then having 485 current is not going to do much... The perm process was started in 2005!Just consider yourself lucky that atleast you have an organization like IV working for you and they was instrumental in gettin atleast EAD for you and your spouse!!
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
Dude, No one has been waiting on purpose! Do you even have a clue what was going on in 2002/03/04/05... Even though numbers were current the Labor process used to take 3-4 years! If your labor is not clear then having 485 current is not going to do much... The perm process was started in 2005!Just consider yourself lucky that atleast you have an organization like IV working for you and they was instrumental in gettin atleast EAD for you and your spouse!!
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new_horizon
03-17 11:00 AM
the only good thing I see there are families in which both husband and wife filed separate GC petition. When one's gc process goes thru completion, the other petition will be withdrawn from the queue. : )
hope there are more cases like that.
hope there are more cases like that.
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reddymjm
09-09 02:26 PM
I would like to see all EB3 AS DONORS.
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cps060
01-31 04:27 PM
If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
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Canadianindian
04-01 11:01 AM
This is Sanjay Sood from NJ. I am also stuck in the retrogression process, and can be reached at hppdelhi@gmail.com. Sanjay
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keshtwo
07-09 05:02 PM
And we are not in deep shit right now ???? Where have you been all the time ?
Why are you so scared ? Is it because you think USCIS wil do harm to you and others ? Well, what the hell it was doing while allocating all the quota in 15 days to avoid the rush ?
I wish USCIS would get down on it's knee and issue an apologies to all those people it's screwed over !
dude if you think we are in deep shit now, wait till you are really in deep shit. no lawsuit can get you a green card any faster (could make it slower though). All that it might do is make sure that USCIS has to deal with an avalanche of EAD apps, delaying EAD anyways.
Why are you so scared ? Is it because you think USCIS wil do harm to you and others ? Well, what the hell it was doing while allocating all the quota in 15 days to avoid the rush ?
I wish USCIS would get down on it's knee and issue an apologies to all those people it's screwed over !
dude if you think we are in deep shit now, wait till you are really in deep shit. no lawsuit can get you a green card any faster (could make it slower though). All that it might do is make sure that USCIS has to deal with an avalanche of EAD apps, delaying EAD anyways.
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Legal
06-30 09:10 PM
The current events starting from a rumor has caused frustration in our members. The news coming out of AILA got us into action and we are working on trying to prevent this visa bulletin disaster to happen for our members. Due to weekend, There are less opportunities to pursue but we are not taking this as an excuse and please know that IV is working this weekend and have been working ever since we heard about this news and are using all measures and contacts at the appropriate levels of government to help our members. At this time we do not have a conclusive outcome for our members as the efforts are continuing. The efforts are in full swing and will continue until the bulletin comes out. We are prepared to make efforts on Monday when the offices open.
Be assured we are considering all options. We are also working with like minded organizations and on
our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
visa bulletin that will change the current dates.
Please be patient and continue to support us. We will continue to update on the website as we have any more
update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.
Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.
IV may post update about its course of action as early as Sunday evening.
IV team
Thanks for the update.
Be assured we are considering all options. We are also working with like minded organizations and on
our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
visa bulletin that will change the current dates.
Please be patient and continue to support us. We will continue to update on the website as we have any more
update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.
Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.
IV may post update about its course of action as early as Sunday evening.
IV team
Thanks for the update.
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DSLStart
01-09 09:54 AM
VEry well said.
We can go all day, moving blame from Fresh students to desi consulting companies to US immigration policies. I feel that part of the problem lies on the hiring company/client as well. These days, they want to spend 40 dollars per hour for a person with 10 years of exp in Java + dot net + ETL + BO + Mainframe. Client wants that person to work like a superman during the normal business hour (8 AM to 5 PM) and they want the same person to work like a Batman (from 7 PM to 1 AM) with off shore. On weekends he also becomes Spiderman and flies to all corners of the US to support different clients/projects. Now....imagine a combination of Superman+Batman+Spiderman in 40 dollars per hours?? They get a 23 years old guy having 10 years of experience on his resume....through a desi consulting company. Who is at fault? The person who faked the resume? The person who tried to sell his resume? Or the entity who wants a combination of Superman, Batman and Spiderman in 40 dollars per hour? I am yet to find an answer!
We can go all day, moving blame from Fresh students to desi consulting companies to US immigration policies. I feel that part of the problem lies on the hiring company/client as well. These days, they want to spend 40 dollars per hour for a person with 10 years of exp in Java + dot net + ETL + BO + Mainframe. Client wants that person to work like a superman during the normal business hour (8 AM to 5 PM) and they want the same person to work like a Batman (from 7 PM to 1 AM) with off shore. On weekends he also becomes Spiderman and flies to all corners of the US to support different clients/projects. Now....imagine a combination of Superman+Batman+Spiderman in 40 dollars per hours?? They get a 23 years old guy having 10 years of experience on his resume....through a desi consulting company. Who is at fault? The person who faked the resume? The person who tried to sell his resume? Or the entity who wants a combination of Superman, Batman and Spiderman in 40 dollars per hour? I am yet to find an answer!
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dealsnet
08-21 11:14 PM
Nobody get any advantage from your situation. We are all very sad about your situation. Even legal IV members are forced to go home after loosing their job and after 6 years in H1B.
You are here come not in any work visa catagory. Not even in NAFTA.
You file your I-485 at the time of July 2007 visa fiasco.
USCIS got 1 million application at that period. So they didn't made much scrutiny your application. If at normal time, you may get a fast RFE and subsequent denial.
Because of work load it was not happened. I have read all of your previous threads in IV (REGARDING FINGER PRINT ETC). Your case is diffrent with the people here.
You are ignorant regarding immigration. You have acess to comuter. Google it and get info.
You are telling about I-485 only.
YOU ARE NOT TELLING ABOUT I-140 (EMPLOYMENT BASED) OR I-130 (FAMILY BASED)
IF you are not filed I-130 or I-140 at the time or before I-485, your petition is invalid.
Except EB1, almost all EB based GC need labor process.
If your I-94 date is expired and you are not extend it or change to any visa catagory at the time of I-485 filing, you are illegal. IT IS THE HARD TRUTH.
USCIS will not adjust the status, if the petitioner is not legal at the time of I485 filing.
After I-485 filing I-94 expiry is not a problem.
Canada is next country. Why you didn't go back and come in NAFTA or other visa catagory ?
Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
You are here come not in any work visa catagory. Not even in NAFTA.
You file your I-485 at the time of July 2007 visa fiasco.
USCIS got 1 million application at that period. So they didn't made much scrutiny your application. If at normal time, you may get a fast RFE and subsequent denial.
Because of work load it was not happened. I have read all of your previous threads in IV (REGARDING FINGER PRINT ETC). Your case is diffrent with the people here.
You are ignorant regarding immigration. You have acess to comuter. Google it and get info.
You are telling about I-485 only.
YOU ARE NOT TELLING ABOUT I-140 (EMPLOYMENT BASED) OR I-130 (FAMILY BASED)
IF you are not filed I-130 or I-140 at the time or before I-485, your petition is invalid.
Except EB1, almost all EB based GC need labor process.
If your I-94 date is expired and you are not extend it or change to any visa catagory at the time of I-485 filing, you are illegal. IT IS THE HARD TRUTH.
USCIS will not adjust the status, if the petitioner is not legal at the time of I485 filing.
After I-485 filing I-94 expiry is not a problem.
Canada is next country. Why you didn't go back and come in NAFTA or other visa catagory ?
Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
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gckp
08-14 10:04 PM
I guess nobody is waiting for it now....
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prinive
04-07 05:09 PM
Thanks.
It is NSC.
First of all Congrats!!
BTW,what is your 485 RD and processing center??
It is NSC.
First of all Congrats!!
BTW,what is your 485 RD and processing center??
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greenlight
08-17 04:15 PM
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
Thanks for your response. ;)
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
Thanks for your response. ;)
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
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pappu
04-23 10:18 AM
This meeting was a success since IV was able to display support for the bill and also then follow up after the meeting. IV core members worked hard to make this event a success and we are happy to report this. We did get an irresponsible member gautamagg in this event by using IV's name and asking a wrong question. This Q and A session should have been used to talk about the general issues of the organization members and that IV fully supports the bill that brings relief to us. And not asking if this congressman can get me a F1 visa because I don't want to spend $100 and ask this question to a lawyer. Or saying I am getting a 100K salary now and if I get my greencard I can get 120K salary and I am very depressed because of that. It is really tough to discipline everyone coming to the meetings and making sure each question will be well thought of and coordinated. There are definitely some lessons learnt after such representations in public meetings.
Many thanks to gsc999 for bringing a banner and wearing IV t-shirt. We also want to acknowledge his contributions of over $1K to immigrationvoice and wish we have more members like him. Many thanks to members who helped us call all CA members and ensured we have a good turnout. Our success will be very close if we have such committed and responsible members.
Members are requested to be mature and responsible in such meetings. If you are using IV’s name and IV has invited you for the meeting, you are representing all 10,700+ members and you are their voice.
Many thanks to gsc999 for bringing a banner and wearing IV t-shirt. We also want to acknowledge his contributions of over $1K to immigrationvoice and wish we have more members like him. Many thanks to members who helped us call all CA members and ensured we have a good turnout. Our success will be very close if we have such committed and responsible members.
Members are requested to be mature and responsible in such meetings. If you are using IV’s name and IV has invited you for the meeting, you are representing all 10,700+ members and you are their voice.
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Legal
07-05 12:07 PM
No need to conduct this poll. What's your point? go by the
majority if they say no?
Make it 20$ per month and be done with it. Those who couldn't do this
are unlikely to be helpful anyway.
majority if they say no?
Make it 20$ per month and be done with it. Those who couldn't do this
are unlikely to be helpful anyway.
rockstart
07-12 11:32 AM
Simple EB2 takes more priority over EB3 so EB2 ROW flow first to EB2 India & China and if there are more they will go to EB3
Why didnt the EB2 ROW number trickle to ROW EB3 first?
Why didnt the EB2 ROW number trickle to ROW EB3 first?
rockstart
03-10 03:16 PM
Thank you Saravanaraj that was exactly what I was thinking too but wanted to double check since there were some specific tools mentioned in Column H which I might not use in future. Common sense dictates that it should be similar to the job code and not to those specific tools. I think this will help other in similar boat as well
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