paskal
12-26 04:18 PM
london: needed
paris: needed if your visa is expired, check the web site they still have that requirement, i think they relaxed it to the extent that if US visa is valid, you don't need it. they refuse to consider any other documents/papers.
what i don't know specifically is: if i'm travelling TO India ie my home country- i have an Indian passport, why should they care? But i think checks are done prior to departure in the US.
the point is...it's becomeing ahuge pain in the rear ...more so everyday.
paris: needed if your visa is expired, check the web site they still have that requirement, i think they relaxed it to the extent that if US visa is valid, you don't need it. they refuse to consider any other documents/papers.
what i don't know specifically is: if i'm travelling TO India ie my home country- i have an Indian passport, why should they care? But i think checks are done prior to departure in the US.
the point is...it's becomeing ahuge pain in the rear ...more so everyday.
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waitnwatch
04-07 07:25 PM
.... One cannot argue (or complaint with the supervisor) with them in the long line at POE to ask them to follow the rules and regulations; or you do not have your lawyer standing next to you in the line. You do not have much option at POE. ...
A few years back the IO's at Portland Oregon started harassing visitors. A Chinese businesswoman was sent back for no apparent reason. This lady came back through LA and sued the USCIS. The upshot of what happened at Oregon was that all international flights stopped coming to Oregon. So I wonder if the IO's ultimately got to keep their jobs!
When you talk about "tremendous" power it is not as if the IO can just send someone home because the IO had a fight with his/her spouse. Sending someone back from the POE will have to be documented rigorously with specific reasons assigned. Therefore an IO can determine that a student or visitor is a potential immigrant but I'm sure that reasons have to be documented. With an H1-B that cannot be the case so the only check the IO can run is to ensure that the documents are genuine. Remember someone has to pay for a person to be sent back. An airlines get fined if they bring in someone without proper documents. So to cut the long story short - the IO has a lot of power in that they can go through a lot of details but sending someone back is a pretty serious thing as a diplomatic row can erupt. No IO would want to lose his job by meaninglessly and fraudulently sending someone back.
A few years back the IO's at Portland Oregon started harassing visitors. A Chinese businesswoman was sent back for no apparent reason. This lady came back through LA and sued the USCIS. The upshot of what happened at Oregon was that all international flights stopped coming to Oregon. So I wonder if the IO's ultimately got to keep their jobs!
When you talk about "tremendous" power it is not as if the IO can just send someone home because the IO had a fight with his/her spouse. Sending someone back from the POE will have to be documented rigorously with specific reasons assigned. Therefore an IO can determine that a student or visitor is a potential immigrant but I'm sure that reasons have to be documented. With an H1-B that cannot be the case so the only check the IO can run is to ensure that the documents are genuine. Remember someone has to pay for a person to be sent back. An airlines get fined if they bring in someone without proper documents. So to cut the long story short - the IO has a lot of power in that they can go through a lot of details but sending someone back is a pretty serious thing as a diplomatic row can erupt. No IO would want to lose his job by meaninglessly and fraudulently sending someone back.
GCScrewed
07-04 11:06 AM
Paskal,
It is possible that EB1 C might become unavailable, because you might be looking at it more closer than I am. But I still find it hard to believe that an MNC will just create a phony Managerial position for every Joe Bloggs, an abuse similar to Labor substitution and satellite offices in states where labor processing was fast etc. Lets say an MNC really promoted some one to a position that qualifies for EB1, moves him out and moves him back, it is still by the book and can't be compared to labor sub, which were sold for money. Labor sub by itself is NO crime irrespective of what we think. The rampant abuse of it caused the demise. Same rule applies to some one who goes out and comes back as its all by the rules and no abuse is involved. In responding to the OP, My intention was to say that MNC's do not go to such an extent of creating a Managerial position that do not exist or have an employee do the same work in the name of managerial position. Some companies might have abused it in such way on few occasions, but thats definitely NOT a practice as rampant as Labor Sub's once was. If that were true and as easy as depicted, A lot of people & companies would have done it, by now. We don't need to teach the gamers. They are a step ahead in getting things done, if there is a way.
Given the severe backlog of EB2 and EB3, some people will find ways to outsmart the system so that they can get the greencards sooner. If those loopholes are not plugged now, it will make a mess just as Labor Sub once did.
I think we should pursue a goal that benefit everyone in the backlogs... not just a specific types, say I, C vs ROW; EB1 vs. EB2 vs. EB3; STEM vs. Non-STEM; Schedule A vs. Non-Schedule A; Healthcare vs. Non-Healthcare; IT vs. Non-IT. The only cause which will get everyone on the same page and therefore is worth pursuing is to recapture unused #s so that all people in the backlogs can go through the pipeline quickly. Of course, all the government agencies, esp. USCIS, must be held accountable for processing cases in a consistent and orderly way. This may be another goal IV should pursue. Just my opinion.
It is possible that EB1 C might become unavailable, because you might be looking at it more closer than I am. But I still find it hard to believe that an MNC will just create a phony Managerial position for every Joe Bloggs, an abuse similar to Labor substitution and satellite offices in states where labor processing was fast etc. Lets say an MNC really promoted some one to a position that qualifies for EB1, moves him out and moves him back, it is still by the book and can't be compared to labor sub, which were sold for money. Labor sub by itself is NO crime irrespective of what we think. The rampant abuse of it caused the demise. Same rule applies to some one who goes out and comes back as its all by the rules and no abuse is involved. In responding to the OP, My intention was to say that MNC's do not go to such an extent of creating a Managerial position that do not exist or have an employee do the same work in the name of managerial position. Some companies might have abused it in such way on few occasions, but thats definitely NOT a practice as rampant as Labor Sub's once was. If that were true and as easy as depicted, A lot of people & companies would have done it, by now. We don't need to teach the gamers. They are a step ahead in getting things done, if there is a way.
Given the severe backlog of EB2 and EB3, some people will find ways to outsmart the system so that they can get the greencards sooner. If those loopholes are not plugged now, it will make a mess just as Labor Sub once did.
I think we should pursue a goal that benefit everyone in the backlogs... not just a specific types, say I, C vs ROW; EB1 vs. EB2 vs. EB3; STEM vs. Non-STEM; Schedule A vs. Non-Schedule A; Healthcare vs. Non-Healthcare; IT vs. Non-IT. The only cause which will get everyone on the same page and therefore is worth pursuing is to recapture unused #s so that all people in the backlogs can go through the pipeline quickly. Of course, all the government agencies, esp. USCIS, must be held accountable for processing cases in a consistent and orderly way. This may be another goal IV should pursue. Just my opinion.
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senthil1
03-09 12:46 PM
Total H1B from India is around 52k in 2008. But china is less than 10k in 2008. This was the trend for past 5 years. Soon china EB2 and EB3 will be within acceptable waiting time will be less than 4 years and India waiting time will be 9 to 10 years.
China EB3 moved from Oct 02 to Mar 03. In the Jan bulletin, China EB3 was at Jun 02!
India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!
China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.
China EB3 moved from Oct 02 to Mar 03. In the Jan bulletin, China EB3 was at Jun 02!
India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!
China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.
more...
god_bless_you
03-16 01:33 PM
http://www.uscis.gov/files/nativedocuments/TransformationConOps_Mar07.pdf
One more link from USCIS which has more details on the process
Adjudicator's Field Manual - Redacted Public Version from USCIS web site
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2
One more link from USCIS which has more details on the process
Adjudicator's Field Manual - Redacted Public Version from USCIS web site
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2
uma_vishi
07-14 11:03 PM
Hi All,
here is my situation.I'm working in USA on L1B visa which is about to complete 5 years in sep 2010.my company A (employer and client )want to apply for L1A. Also another company B is filing H1B. now to make my stay here without going to india for the time being is this possible.
1) can both the companies apply for two different visa for a single person.
2) what are the pros and cons.
3) for conversion of L1B to L1A , is petition enough to stay in USA or do i need to go get the stamping.
also H1b start time is OCt and my petition expires in sep 2009 but i'm having I-94 till Nov 2011.
now how to manage one month time without going out of this country.
can anybody please help me with this.
Thanks in Advance.
here is my situation.I'm working in USA on L1B visa which is about to complete 5 years in sep 2010.my company A (employer and client )want to apply for L1A. Also another company B is filing H1B. now to make my stay here without going to india for the time being is this possible.
1) can both the companies apply for two different visa for a single person.
2) what are the pros and cons.
3) for conversion of L1B to L1A , is petition enough to stay in USA or do i need to go get the stamping.
also H1b start time is OCt and my petition expires in sep 2009 but i'm having I-94 till Nov 2011.
now how to manage one month time without going out of this country.
can anybody please help me with this.
Thanks in Advance.
more...
p_kumar
02-21 10:09 AM
If possible, please change it without any delay? EB3 is only able to cross past May 2001 for 3 times in last 3 years where EB2 are enjoying GC most of time. No point in playing wait game with EB3 India. Otherwise, you will wait for-ever. :)
How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.
Not that i want to. just out of curiosity. thanks
How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.
Not that i want to. just out of curiosity. thanks
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willgetgc2005
04-20 03:37 PM
Hello,
I can call right now. Please send me a PM
__________________________________________________
QUOTE=Administrator2]------------------------------------------------
URGENT
------------------------------------------------
We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.
Thanks,[/QUOTE]
I can call right now. Please send me a PM
__________________________________________________
QUOTE=Administrator2]------------------------------------------------
URGENT
------------------------------------------------
We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.
Thanks,[/QUOTE]
more...
ewana
08-22 10:38 PM
Hi, I hope somebody helps in my dilemma.
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
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thesparky007
03-07 07:19 PM
is any one good at blender3d?
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desi3933
01-30 02:43 PM
I agree with the point above, but does this even apply to CrazyGhoda/OP? Because, he already has I485/AOS pending, which is a legal presence in the US in itself. Hence, I don't see him accruing any "out of status/illegal presence" days. He "MIGHT" have to show a future/current employer who is sponsoring his GC, depending on what his RFE asks for.
Please comment.
You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.
Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.
____________________
Not a legal advice.
US Citizen of Indian Origin
Please comment.
You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.
Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.
____________________
Not a legal advice.
US Citizen of Indian Origin
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eb3retro
08-20 11:39 AM
My kids are 7 & 9. Our fingerprinting and photo date is this Saturday Aug 25.
My child is 6 1/2 years old and not sure why they didnt send a FP notice for the child.
My child is 6 1/2 years old and not sure why they didnt send a FP notice for the child.
more...
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12samanta
07-02 03:56 PM
Guys, Do not waste time in debating on the forum. If someone creates the petition then i will support and atleast send it to all my friends asking them to sign the petition. Lets do it.
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komaragiri
08-29 05:52 PM
This is totally wate of time. Please delete this thread.
Let's not discuss on who is best and who is worst. Focus on the future action items for IV. Discuss more about those items, so that we all can get out of this mess and live happily.
Let's not discuss on who is best and who is worst. Focus on the future action items for IV. Discuss more about those items, so that we all can get out of this mess and live happily.
more...
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nlssubbu
08-06 05:46 PM
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 was in India when my 485 was approved. I entered using AP and at POE the officer looked at me with a smile saying my 485 was approved. I told them that I know through the e-mail notification as well as from my attorney. Faced no problem. Please keep your AP handly during your return.
Wishing you to get your GC soon :)
I was in India when my 485 was approved. I entered using AP and at POE the officer looked at me with a smile saying my 485 was approved. I told them that I know through the e-mail notification as well as from my attorney. Faced no problem. Please keep your AP handly during your return.
Wishing you to get your GC soon :)
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snathan
11-13 01:28 AM
It not about law... it is about following the law...
If you want quick action shoot letters ALL AT THE SAME TIME.... Just decide the name and the address of recipients .... Attach the copy of the rule and write the letter .....
Just make enough noise so that they can not ignore this rule...
Count me in for this...
If you want quick action shoot letters ALL AT THE SAME TIME.... Just decide the name and the address of recipients .... Attach the copy of the rule and write the letter .....
Just make enough noise so that they can not ignore this rule...
Count me in for this...
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karanp25
07-14 06:41 PM
Do you see any LUD change on your I-140 after you changed employers?
Paper copy: Today
Email notification: last week
Paper copy: Today
Email notification: last week
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alterego
06-08 07:09 PM
Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!
coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.
Agree with your logic. However, if there is anything about the USCIS/State Dep't we have learnt over the last 2 yrs, they and their rules/logic is inconsistent at best and idiotic at worst. When someone picks and chooses which guidelines they follow at different times, and interpret the rules in such a haphazard manner, predicting anything in this regard is about as accurate as predicting the weather on the day I get my green card.
coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.
Agree with your logic. However, if there is anything about the USCIS/State Dep't we have learnt over the last 2 yrs, they and their rules/logic is inconsistent at best and idiotic at worst. When someone picks and chooses which guidelines they follow at different times, and interpret the rules in such a haphazard manner, predicting anything in this regard is about as accurate as predicting the weather on the day I get my green card.
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Canadian_Dream
11-17 06:00 PM
Yes as long as you have an approved I-140 you can continue to extend H1B beyond 6 years.
The issue is not the extensions, but changing the job when you are on one of these extensions. This issue has been raised numerous times in the forums but so far things are still very murky, esp pertaining to the following:
1. What happens to your H1B status after you change your job, and then your previous employer revokes your I-140. ( To subsitute labor for someone else or simply as a matter of corporate proceudre)
2. Is your H1B status depend on the I-140 on which the extension is granted ?
So far these questions aren't answered clearly by lawyers or USCIS or folks in these forums. I hope it gets clarfied soon, becasue implications of the above cases could be as far reaching as being "out of status".
What do you mean by "Most people have run out of H1B and will have to change jobs on the extensions"? I thought that as long as you have a approved I-140, you could continue to extend your H1-B beyond the 6 years while you are waiting for your PD to be current. Isn't this true? Please explain.
The issue is not the extensions, but changing the job when you are on one of these extensions. This issue has been raised numerous times in the forums but so far things are still very murky, esp pertaining to the following:
1. What happens to your H1B status after you change your job, and then your previous employer revokes your I-140. ( To subsitute labor for someone else or simply as a matter of corporate proceudre)
2. Is your H1B status depend on the I-140 on which the extension is granted ?
So far these questions aren't answered clearly by lawyers or USCIS or folks in these forums. I hope it gets clarfied soon, becasue implications of the above cases could be as far reaching as being "out of status".
What do you mean by "Most people have run out of H1B and will have to change jobs on the extensions"? I thought that as long as you have a approved I-140, you could continue to extend your H1-B beyond the 6 years while you are waiting for your PD to be current. Isn't this true? Please explain.
new_horizon
06-10 04:08 PM
Done
needhelp!
11-25 06:25 PM
I got the same reply. Its standard when they send you your case number.
Here's my case Number: NRC2008065126
Here's my case Number: NRC2008065126
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