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06-22 05:50 PM
USCIS kept on updating the total number of cases received for H-1B for FY 2009-10. However, the recent USCIS H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap count indicates decline in number of cases than what had been previously reported. The updated count reports the receipt of 44,400 �Regular� cap cases, by June 12, 2009 which is lesser than the prior count of 47,700, given as of May 22, 2009. There is no explanation too from USCIS for this decline in trend. Thus, this reduced number may reflect either withdrawals by employers, denials by the USCIS, duplicate filings, or an error in the prior cap counts.
As of this writing, both the Advanced Degree and Regular caps remain open. We will continue to provide updated H-1B cap count information.
More... (http://www.visalawyerblog.com/2009/06/h1b_cap_falloff_in_total_count.html)
As of this writing, both the Advanced Degree and Regular caps remain open. We will continue to provide updated H-1B cap count information.
More... (http://www.visalawyerblog.com/2009/06/h1b_cap_falloff_in_total_count.html)
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ramus
07-02 08:55 AM
What is source of this news?
I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
gc_chahiye
02-08 01:09 PM
This is wrong. If you go out of USA and come back after a gap of 1 year, then only u will get full 6 years. Other wise whatever your status is ( as L1, B1 etc ) that will count into H1 period
As far as I know B1 wont count against H1 time, though L1 will.
L2 and H4 used to count, but they were decoupled at the end of 2006, and time spent in those status dont count against your H1.
As far as I know B1 wont count against H1 time, though L1 will.
L2 and H4 used to count, but they were decoupled at the end of 2006, and time spent in those status dont count against your H1.
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h1-b forever
04-15 09:08 AM
Thank you uma001 for your response. My H1-B is valid until Nov 2010. As per your advice, I need get things started. Its so frustrating - job, employer, gc, being away from kids.
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hibworker
01-24 03:51 PM
Hi,
I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.
My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:
Technically, yes you will be out of status starting 02/01 until H1B petition from your new employer is received by USCIS. Yes you should leave the country as from Feb 1 you will start accumulating unauthorized presence which might adversely impact your Green Card and other future petitions including the pending H1-B.
Practically if H1-B is filed within a week or so after 1/31 then it is up to you if you'll like to take a chance by staying in the country.
I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.
My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:
Technically, yes you will be out of status starting 02/01 until H1B petition from your new employer is received by USCIS. Yes you should leave the country as from Feb 1 you will start accumulating unauthorized presence which might adversely impact your Green Card and other future petitions including the pending H1-B.
Practically if H1-B is filed within a week or so after 1/31 then it is up to you if you'll like to take a chance by staying in the country.
pscdk
08-30 02:12 PM
I applied my 485 as a single on July 17th.
I got married and then applied my spouse's on Aug 16th.
Since I am married now, will that cause my application to get rejected as I applied as Single.
I am not sure how would this be handled at USCIS end ?
Any idea ?
I believe your application won't be rejected as you can always add on your spouse to your 485 application after you get married, before your 485 application gets approved or rejected and when your priority date is current
I got married and then applied my spouse's on Aug 16th.
Since I am married now, will that cause my application to get rejected as I applied as Single.
I am not sure how would this be handled at USCIS end ?
Any idea ?
I believe your application won't be rejected as you can always add on your spouse to your 485 application after you get married, before your 485 application gets approved or rejected and when your priority date is current
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REEF�
05-10 04:24 PM
:lol: Good job!
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485Mbe4001
03-04 12:46 AM
Lets email and decide if we can meet someplace, hopefully we can jumpstart the chapter again.
Socal members,
Can we do that on some weekend..
Socal members,
Can we do that on some weekend..
more...
sk.aggarwal
08-05 08:44 PM
If it is not too urgent for you to visit India. I would recommend you reschedule your flight and do H1 in PP. Its just too risky to assume that you will get approval notice before your vacations ends and you will be able to schedule appointment and get stamping done. If I were you, would have postponed unless its absolutely urgent.
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JunRN
01-26 08:49 AM
Sorry to hear that...a simple mistake will cause your wait to become longer. I hope your lawyer or company compensated you for all the expenses you incurred during that period. It was truly frustrating.
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485Mbe4001
06-08 12:21 PM
:p maybe 2020, i am sure my PD will become current the day i buy tickets to return:D
i dunno abt May 2001. But here is the prediction for Eb3 India being current.
..
...
.....
NEVER!! :p
i dunno abt May 2001. But here is the prediction for Eb3 India being current.
..
...
.....
NEVER!! :p
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hetuweb
01-25 08:23 PM
This is my situation friends.
- My I-140 approved in January 2007 and I-485 filed in July 2007
- Me and my wife has EAD + Advance Parole (AP) + Finger print done.
- We decided to go back to India
- I will come for 3 months every year and other 9 months, I will work from India for the same employer, the same work-outsourcing work.
- I will be continued on Payroll of my present employer in future too.
- I came on visitor visa in 2001 and then converted into H-1b visa and then never go to India till today.
- Now I am on H-1b extension on 7th year (3 yr. extension up to year 2010 on basis of approved I-140)
- I will get H-1b visa stamp up to year 2010 from Mumbai, so can I come to USA on H-1b visa stamp after conversion of ADJUSTMENT OF STATUS (AOS) TO CONSULAR PROCESSING (CP)? (my present AP will be expired at that time when I come to USA)
- Now what can I do? Should I TRANSFER FROM �Adjustment Of Status (AOS) TO Consular Processing (CP)� or continue on AOS? What is better and advisable for me?
- Can I get Advance Parole (AP) from India after Consular Processing conversion?
- To convert from AOS to CP, can I have to be in USA or I can do from India also?
Your help in this matter will be highly appreciated as I am going very soon.
Thanks in advance to all of you friends.
- My I-140 approved in January 2007 and I-485 filed in July 2007
- Me and my wife has EAD + Advance Parole (AP) + Finger print done.
- We decided to go back to India
- I will come for 3 months every year and other 9 months, I will work from India for the same employer, the same work-outsourcing work.
- I will be continued on Payroll of my present employer in future too.
- I came on visitor visa in 2001 and then converted into H-1b visa and then never go to India till today.
- Now I am on H-1b extension on 7th year (3 yr. extension up to year 2010 on basis of approved I-140)
- I will get H-1b visa stamp up to year 2010 from Mumbai, so can I come to USA on H-1b visa stamp after conversion of ADJUSTMENT OF STATUS (AOS) TO CONSULAR PROCESSING (CP)? (my present AP will be expired at that time when I come to USA)
- Now what can I do? Should I TRANSFER FROM �Adjustment Of Status (AOS) TO Consular Processing (CP)� or continue on AOS? What is better and advisable for me?
- Can I get Advance Parole (AP) from India after Consular Processing conversion?
- To convert from AOS to CP, can I have to be in USA or I can do from India also?
Your help in this matter will be highly appreciated as I am going very soon.
Thanks in advance to all of you friends.
more...
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rajc
08-12 03:28 PM
Hi,
I recently went through same situation for my spouse on H4. You have 3 options:
1. Call the CBP office where you got I-94 or local CBP office (You can find in Internet, mostly in International Airports) and request them to update thhe I -94. Which may or may not be possible technically. But you may try calling them and schedule an appointment and try this option.
2. Go out of country and come back.
3. File a I539 form to extend non immigrant status. Your employer should help you file it or you may file yourself. It should go to same USCIS service center or office which approved your H1 or H4.
Disclaimer: I am not a attorney. This comment is based on my experience. Please consult and attorney for any legal advise.
I recently went through same situation for my spouse on H4. You have 3 options:
1. Call the CBP office where you got I-94 or local CBP office (You can find in Internet, mostly in International Airports) and request them to update thhe I -94. Which may or may not be possible technically. But you may try calling them and schedule an appointment and try this option.
2. Go out of country and come back.
3. File a I539 form to extend non immigrant status. Your employer should help you file it or you may file yourself. It should go to same USCIS service center or office which approved your H1 or H4.
Disclaimer: I am not a attorney. This comment is based on my experience. Please consult and attorney for any legal advise.
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beautifulMind
10-29 11:44 AM
Are you pinching beautiful_mind reminding him about the reds. I think he isn't concerned but you appear to be more concerned for his reds.
It would be nice to get a green dot :)
Not that it matters that much
It would be nice to get a green dot :)
Not that it matters that much
more...
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saileshdude
06-02 05:45 PM
I'm curious if anyone has got multiple RFEs on their I-485 application. I had an EVL RFE last year and wonder about the chances they'll give that (or any other) RFEs again in future.
Any personal experiences?
By multiple RFE I don't mean many questions in 1 RFE letter. I mean USCIS sends you 1 RFE, receives reply and resumes the case and then at a later point in time sends another RFE on the same application.
No personal experience but based on recent visa bulletin and slow movement prediction going forward I would not be surprised if they send another EVL RFE, especially if your PD is more recent. This is because if and when your PD is approaching to be current, that could take 2, 3 4 or even 5 years. They may ask for EVL again to verify you still have a job offer after 5 years.
Any personal experiences?
By multiple RFE I don't mean many questions in 1 RFE letter. I mean USCIS sends you 1 RFE, receives reply and resumes the case and then at a later point in time sends another RFE on the same application.
No personal experience but based on recent visa bulletin and slow movement prediction going forward I would not be surprised if they send another EVL RFE, especially if your PD is more recent. This is because if and when your PD is approaching to be current, that could take 2, 3 4 or even 5 years. They may ask for EVL again to verify you still have a job offer after 5 years.
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wandmaker
11-27 05:08 PM
skarthy: Upgrade your H1 transfer to premium processing, get the transfer approved. Re-enter the country by showing your wife's old H1 stamping, get a new I-94 based on new approved H1 petition at POE. This is a easy route; If I were you, I will do this.
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mbartosik
04-08 04:40 PM
If we were able to get the 3 year visa rather than 1 year extensions, then the main problem that the BEC give us in a practical sense is that if we change jobs we loss our priority dates.
So while the slow processing is an administration issue, the law could allow for priority dates to be kept something like this:
"If a labor application has been pending for longer than [some time] then as of [some date], the applicant immigrant is able to keep the priority date of the original labor application whether or not the application is later withdrawn or disapproved."
This in combination with 3 year extensions would give people freedom to either refile for PERM with same employer or move jobs and file for PERM with a new employer.
----
Another solution would be to allow DoL to accept a large fee for premium processing. Making the fee large would have the effect of not too many using it and thus not overwhelming DoL, but it also might generate sufficient income to apply more resources to the remaining outstanding applications, and benefiting all while being practical.
----
Please comment.
So while the slow processing is an administration issue, the law could allow for priority dates to be kept something like this:
"If a labor application has been pending for longer than [some time] then as of [some date], the applicant immigrant is able to keep the priority date of the original labor application whether or not the application is later withdrawn or disapproved."
This in combination with 3 year extensions would give people freedom to either refile for PERM with same employer or move jobs and file for PERM with a new employer.
----
Another solution would be to allow DoL to accept a large fee for premium processing. Making the fee large would have the effect of not too many using it and thus not overwhelming DoL, but it also might generate sufficient income to apply more resources to the remaining outstanding applications, and benefiting all while being practical.
----
Please comment.
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smuggymba
01-16 11:12 PM
The HR/Lawyer has to decide the category, you can't. The job category is based on what the job requires, not what you have. If you have 20 years of experience but the job requires just BS, it falls into EB3. Good luck.
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eb3_nepa
10-27 05:14 PM
we can pay more fees if they can process our cases fast.:) :) :)
Unfortunately that is not how it works at USCIS. They increase the fees WITHOUT any increase in service/performance.
Unfortunately that is not how it works at USCIS. They increase the fees WITHOUT any increase in service/performance.
ruchi555
03-06 05:50 PM
That's helpful.
So, it doesn't matter if I have GC pending with company A, and I am over 6 years on H1B. Will company B be still able to get H1B extension since my I-485 is pending(with comp A)?
So, it doesn't matter if I have GC pending with company A, and I am over 6 years on H1B. Will company B be still able to get H1B extension since my I-485 is pending(with comp A)?
pcs
01-25 09:38 PM
Dear IV Friend & Your better half,
IV does not support any abusive & insulting behaviour towards anyone incuding our worst adversary Lou Dobbs.
Please remember, we do have some members from antiimmigrant groups like numberUSA, who have created similar siyuations in the past.
Financial contribution is no doubt VITAL for our cause but we will never, I repeat never encourage any IV member to spoil their financial security to contribute towards IV. Please do not feel bad if you can not contribute ( we only feel let down by the people, who can contribute but do not do so)
I would request both of you to spread good word about IV & get us some active members & that will be great.
We are trying to POWER OF NUMBERS !!!!!!!!!!!
So cheer up & get active
Best wishes
IV does not support any abusive & insulting behaviour towards anyone incuding our worst adversary Lou Dobbs.
Please remember, we do have some members from antiimmigrant groups like numberUSA, who have created similar siyuations in the past.
Financial contribution is no doubt VITAL for our cause but we will never, I repeat never encourage any IV member to spoil their financial security to contribute towards IV. Please do not feel bad if you can not contribute ( we only feel let down by the people, who can contribute but do not do so)
I would request both of you to spread good word about IV & get us some active members & that will be great.
We are trying to POWER OF NUMBERS !!!!!!!!!!!
So cheer up & get active
Best wishes