Abhinaym
01-13 04:15 PM
I do undersatnd that these companies did not help you.. y don't u understand that we r not talking about u :) the statistics r these companies bring tens of thousands here every year from one country, yes on H1 or L1, not to sponsor them for greencards, but arriving here with a dual intent visa that allows for greencard application is not such a casual opportunity and that's what I'm telling you is rarely available to the equally qualified non-retrogressed folks. Once here, those thousands transfer to these small/mid size companies u mentioned and choose to stay and apply for greencards even though they know that with their huge numbers current rules will make their greencard journey longer..
Yes adjusting the quota percentages should be on the table, but if these companies hurt you by creating a longer line than the quota allows, , then you should take issue with these companies before you take it at your fellow non-retrogressed immigrants.
You're confusing the cause-and-effect. The country quota laws were put in MUCH earlier than any offshoring companies started doing H1s. It might in fact be the opposite, meaning that these companies are hiring qualified people who weren't getting GCs.
And besides these companies are all software cos that came up in the last 10 yrs, why should that stupid rule affect any person in a non-software field?
Yes we know that the current rules make the journey longer. The point is that it is unfair and that's why we should start trying to change it!
Basically it is very difficult to understand another person's pain. Especially when you're set up to gain from it.
Yes adjusting the quota percentages should be on the table, but if these companies hurt you by creating a longer line than the quota allows, , then you should take issue with these companies before you take it at your fellow non-retrogressed immigrants.
You're confusing the cause-and-effect. The country quota laws were put in MUCH earlier than any offshoring companies started doing H1s. It might in fact be the opposite, meaning that these companies are hiring qualified people who weren't getting GCs.
And besides these companies are all software cos that came up in the last 10 yrs, why should that stupid rule affect any person in a non-software field?
Yes we know that the current rules make the journey longer. The point is that it is unfair and that's why we should start trying to change it!
Basically it is very difficult to understand another person's pain. Especially when you're set up to gain from it.
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mshelat
05-16 09:56 PM
Votes are here:
http://www.govtrack.us/congress/vote.xpd?vote=s2008-10
The amendment was sponsored by Senator Ensign (R-Nevada) who said his staff discovered that the stimulus payments would go to illegal aliens.
http://www.youtube.com/watch?v=qSXqiyqLVd4
In reality, the change was the result of lobbying by FAIR, an anti-immigrant group:
http://www.fairus.org/site/PageServe...ter_friendly=1
FAIR is accused of having ties to White Supremacists.
http://www.scrippsnews.com/node/29303
I have updated the Wikipedia article to reflect this information.
GREAT WORK. I AM SURE WE WILL BE HEARD.
http://www.govtrack.us/congress/vote.xpd?vote=s2008-10
The amendment was sponsored by Senator Ensign (R-Nevada) who said his staff discovered that the stimulus payments would go to illegal aliens.
http://www.youtube.com/watch?v=qSXqiyqLVd4
In reality, the change was the result of lobbying by FAIR, an anti-immigrant group:
http://www.fairus.org/site/PageServe...ter_friendly=1
FAIR is accused of having ties to White Supremacists.
http://www.scrippsnews.com/node/29303
I have updated the Wikipedia article to reflect this information.
GREAT WORK. I AM SURE WE WILL BE HEARD.
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prince_charming
12-08 07:38 PM
Thanks to all the moral support given by Chandvu,Pd Recapturing and all others.
With all your wishes and almighty blessings today I got MTR approval and I485 into reopen status.
My earlier employer revoked I 140 in Sept 08 . Applied MTR in OCT and got MTR approval and 485 reopened notification today.
However online still not updated - may be site is still down.
Thanks again.
- Ram
Hi Ram,
My attorney also filed for MTR on October and i am still waiting for my MTR results.
Thanks for update and good luck for future.
May i ask which service center your I-485 was?
With all your wishes and almighty blessings today I got MTR approval and I485 into reopen status.
My earlier employer revoked I 140 in Sept 08 . Applied MTR in OCT and got MTR approval and 485 reopened notification today.
However online still not updated - may be site is still down.
Thanks again.
- Ram
Hi Ram,
My attorney also filed for MTR on October and i am still waiting for my MTR results.
Thanks for update and good luck for future.
May i ask which service center your I-485 was?
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godspeed
06-24 10:42 AM
answers inline
Trying to apply AP for spouse, his last entry into US was on F1 but since then he's been through H1 and current status is AOS filed. Should the Class of Admission be F1?
Whatever he used last to enter US, in this case F1(class of admission will be mentioned in the i-94 stamping
Which I-94 copy should be attached, the one that was stamped when he last entered US, or the latest I-94 he received from his last H1 filing?
I would attach both copies to be on safer side and avoid any RFE's,however i have never sent i-94 copies. Please take a look at my blog for list of documents/cover letter for AP. Hope you find it useful
Thanks in advance ..
Trying to apply AP for spouse, his last entry into US was on F1 but since then he's been through H1 and current status is AOS filed. Should the Class of Admission be F1?
Whatever he used last to enter US, in this case F1(class of admission will be mentioned in the i-94 stamping
Which I-94 copy should be attached, the one that was stamped when he last entered US, or the latest I-94 he received from his last H1 filing?
I would attach both copies to be on safer side and avoid any RFE's,however i have never sent i-94 copies. Please take a look at my blog for list of documents/cover letter for AP. Hope you find it useful
Thanks in advance ..
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checklaw
05-26 09:03 PM
Transaction ID: 84X39407YV278425C
$200
$200
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mbartosik
02-28 06:11 PM
I mailed to IV a batch maybe 70 today. My balance somewhere over 100 (about 117 I think)
Probably won't arrive in IV PO Box until Monday.
Probably won't arrive in IV PO Box until Monday.
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lkapildev
09-25 05:01 PM
I second the opinion who has posted at the start of this thread.
I have never seen such a horrible law firm. I and my wife both are working for large corp. I am on L1 and my wife on L2 EAD. Our sutuation is same as majority of yours
I have never seen such a horrible law firm. I and my wife both are working for large corp. I am on L1 and my wife on L2 EAD. Our sutuation is same as majority of yours
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newxyz100
07-20 12:57 PM
Hi,
How can one know if ones employer has withdrawn/cancelled ones H1B visa? Apart from asking the employer, if one uses the EAC # ans checks the status on www.uscis.gov, will it be reflected over there?
Q: Can an employer cancel H-1B visa without employee�s knowledge/consent?
A: Yes and remember it is illegal to travel on a cancelled visa.
Q: If an employer can cancel my visa without my knowledge, how do I know that my visa is still valid?
A: Unfortunately, the only reliable source for that information is INS and your employer. There is really no other way to find out. You could try INS although they may not help you as you are an employee.
How can one know if ones employer has withdrawn/cancelled ones H1B visa? Apart from asking the employer, if one uses the EAC # ans checks the status on www.uscis.gov, will it be reflected over there?
Q: Can an employer cancel H-1B visa without employee�s knowledge/consent?
A: Yes and remember it is illegal to travel on a cancelled visa.
Q: If an employer can cancel my visa without my knowledge, how do I know that my visa is still valid?
A: Unfortunately, the only reliable source for that information is INS and your employer. There is really no other way to find out. You could try INS although they may not help you as you are an employee.
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LONGGCQUE
05-21 03:13 PM
Sent 2nd round emails. Will do more next week.
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arunmohan
06-23 05:34 PM
I called to Rep Smith's office. I requested to support three bills HR5882, HR6039 and HR5921.
more...
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CaliGC
06-14 01:24 PM
Friends,
Ofcourse everyone is very excited that the priority dates are current but let's take a careful look for why it became current all of a sudden even when the demand for visa numbers is so high and was backlogged by 5 years up until couple of months ago.
1. I sincerely feel this is just to keep the legal immigrants to stop protesting for benefits in the CIR. Well, the CIR is supposed to be dead right? Wrong, count 2 weeks from now and the Bill will be back with tons of benefits for Illegal aliens and none for legals.
2. Currently Service centers are processing cases received in Aug-Sept. '06 with the few thousands of applications being submitted for the next few weeks the processing dates will be moved back by couple of years. All this time we were waiting for the priority dates and now will wait for the processing dates to be advanced. What a circus!!!
3. Just when the case is ready for processing that would be atleast couple of years from now, the priority dates will be retrogressed may be by 10 years this time.
To my knoweledge we should still continue to lobby the senators and get the Visa numbers increased, get the country quota eliminated, Only one visa should be counted per family... and get it into the CIR. Should the CIR pass without these ammendments legal immigrants will be stuck in limbo for every because there will be no more CIRs in the near future.
TIA
CaliGC
Ofcourse everyone is very excited that the priority dates are current but let's take a careful look for why it became current all of a sudden even when the demand for visa numbers is so high and was backlogged by 5 years up until couple of months ago.
1. I sincerely feel this is just to keep the legal immigrants to stop protesting for benefits in the CIR. Well, the CIR is supposed to be dead right? Wrong, count 2 weeks from now and the Bill will be back with tons of benefits for Illegal aliens and none for legals.
2. Currently Service centers are processing cases received in Aug-Sept. '06 with the few thousands of applications being submitted for the next few weeks the processing dates will be moved back by couple of years. All this time we were waiting for the priority dates and now will wait for the processing dates to be advanced. What a circus!!!
3. Just when the case is ready for processing that would be atleast couple of years from now, the priority dates will be retrogressed may be by 10 years this time.
To my knoweledge we should still continue to lobby the senators and get the Visa numbers increased, get the country quota eliminated, Only one visa should be counted per family... and get it into the CIR. Should the CIR pass without these ammendments legal immigrants will be stuck in limbo for every because there will be no more CIRs in the near future.
TIA
CaliGC
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kumarc123
07-01 12:46 PM
Hello there,
I called it took me less than 5 minutes. I expressed my concern and the lady on the phone said she will pass on the message. However the Rep at present has not made any stand. Guys come on make some calls.
To the administrator and the to the Senior members, an idea came to my mid in order to galvanize some lazy members to work with us, can we restrict their entries to this website? Maybe keep something like, access will be granted only if a certain criteria is fulfilled.
It is a shame for all the Indians who are stuck and waiting for others to help them through this, my suggestion either work with everyone on this, or simply just go back to India, where they system is even more corrupted.
Last but not the least, people here are not wasting their time, neither unemployed, but they want to stand a fight for what's right and what's wrong.
I thought coming from India, will make us all stand united, but some people just don't care neither act but complain to god for their grievances.
Guys get up, move, help us out, we all need each other on this. Revolution can only bring a change---- not the wait and not the complaint.
I called it took me less than 5 minutes. I expressed my concern and the lady on the phone said she will pass on the message. However the Rep at present has not made any stand. Guys come on make some calls.
To the administrator and the to the Senior members, an idea came to my mid in order to galvanize some lazy members to work with us, can we restrict their entries to this website? Maybe keep something like, access will be granted only if a certain criteria is fulfilled.
It is a shame for all the Indians who are stuck and waiting for others to help them through this, my suggestion either work with everyone on this, or simply just go back to India, where they system is even more corrupted.
Last but not the least, people here are not wasting their time, neither unemployed, but they want to stand a fight for what's right and what's wrong.
I thought coming from India, will make us all stand united, but some people just don't care neither act but complain to god for their grievances.
Guys get up, move, help us out, we all need each other on this. Revolution can only bring a change---- not the wait and not the complaint.
more...
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chantu
06-28 06:45 PM
Do you have I-485 pending? If yes, I94# is not significant. If you don't give A#, USCIS will issue RFE or fix themselves looking into database - which my delay processing.
I94# is used only when A# is not available, e.g. students applying for OPT based EAD for first time.
Thanks.
Also should I attach my photocopy my OPT card also or just current EAD card is sufficient?
I94# is used only when A# is not available, e.g. students applying for OPT based EAD for first time.
Thanks.
Also should I attach my photocopy my OPT card also or just current EAD card is sufficient?
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ash0210
02-12 06:28 PM
Stop amaturish and derogative remarks all the time to forum members. If you feel, I am contributing only after I-485 measures failed then its your mind-set problem..also, will you shut up and mind your business?
Thanks for sticking with IV!!!. Its a bit ironic that you decided to contribute to IV only after 485 measure failed, which you were opposing. I agree with your message of unity, but that should hold good at all times, irrespective of whether you agree and do not agree with IV. People holding off contributions, heckling IV, questioning IV rationale when they don�t agree with IV is outright selfish and should be avoided at all times.
Thanks for sticking with IV!!!. Its a bit ironic that you decided to contribute to IV only after 485 measure failed, which you were opposing. I agree with your message of unity, but that should hold good at all times, irrespective of whether you agree and do not agree with IV. People holding off contributions, heckling IV, questioning IV rationale when they don�t agree with IV is outright selfish and should be avoided at all times.
more...
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amitjoey
05-21 03:19 PM
Did that yesterday. Do we need to mention it here in order to get it accounted for?
Yes! Please mention it here, so it encourages others to do it!. Also we can maintain an approximate running total
Thank you Mannubhai
Yes! Please mention it here, so it encourages others to do it!. Also we can maintain an approximate running total
Thank you Mannubhai
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kak1978
09-29 01:58 PM
I travelled the same route on AI you are talking about and I had no problems and got one of the best services, I was stranded in gatwick for 3 days while travelling Delta, does that mean the entire airline is crap. For the price we pay Air India is one the Best value airline, (not to mentions excellent food and drinks) Delays happen , got to take them with a pinch of salt.
Experience with Air India
It is with great shame I bring out this piece to you about how Air India is using the "India" tag by cheating its innocent citizens and show its ugly real face. I have never seen anything so unprofessional and have no hesitation to say they are the worst airline in the world.
Passengers:
Father-in-Law (FIL) and Mother-in-Law with baby
My in-laws were returning to India via Air India on September 24th from EWR (Newark, NJ) airport after brief US visit.
Ticketing Experience:
We started the whole process 1 month earlier and contacted Air India (1800 223 7776) about the booking. First we got an answer saying that the class we booked in is full and we have to pay another 40$ per person for another segment. For that we had to call another AI booking# and after 40 mins on the call could reach an agent. We
got new confirmation #s and when asked for the basinet seat was told they could not see the seats and have a special request sent and asked me to call back in 3 days to confirm. We called like 5-6 times and everytime were told they cannot view the seats and when asked to see for seats in another segment or another date, we were told to
re-book again and then ask for seats. How on earth could an airline not see available seats in its aircraft.They have taken customer service to new digraceful level.I roped in my brother in law to go to AI office in Newark and try with an agent directly. Even after
going for 2-3 times directly to the AI office, my BIL failed to secure us the seats. After all the tries we were ultimately told to go to the Airport sooner on the travel date so we can get a basinet seat.
Journey Day:
On the date of the travel in-laws reached at 2:00 PM at the airport in hopes that they will get a basinet seat. The agent gave them a hard time and we had to go back n forth 2-3 times for getting the seats confirmed and have in-laws and baby seated together. I think the whole ticketing at the aiport is being handled by a third party who
are doing a horrible job. My FIL in the meanwhile buys a gift at the custom notified shops at EWR.The flight which was to depart at 6: 20 PM was ready for take off when all of a sudden the pilot says there is a technical problem (God knows what would have happened had the flight taken off). The flight returns to the gate and the passengers are told to wait until they fix the problem. They wait for 2 hours and are asked to then wait in the
boarding area until they really look into the technical problem. (In the meanwhile we hear on Indian TV channels that there is a Pilot strike going on in AI regarding Pilot pay package which adds to our tension). The Air India (airindia.com) website is for show off only with few flight images and had no flight status. We immediately call the AI office in Newark who have no-clue what is going on. When I asked the problem they said it is confidential and cannot be told:(. Eventually all the passengers are told that the flight has been
cancelled for the day and should return the next day and all the checked in baggage will be returned. My poor in-laws with baby had to return back and reached home at 3:00 AM in the morning.
The next day:
The next day the whole scene repeats again and we had to deal with the irritable AI ticket agents who say they are missing something at their whim. We were able to get a basinet seat this time also and happy we were all set for the 6:20 PM flight. This time we gave my FIL a pre-paid cell phone. The same thing repeats again. This time they wait in the boarding area and are told that the pilots have gone to repair the earlier (Sep 24) flight which had an issue. They wait patiently until 10:15 PM. We were all tensed here
and were expecting the flight to be cancelled this day also. No body from AI was available this day to pick-up and explain what is happening. The call re-directs to India who have no idea about the flight status in US. My FIL eventually calls at 10:30 PM and said that they will be boarding soon.
Frankfurt stop:
The flight has a stop at Franfurt and the passengers were asked to go to another terminal
for boarding the same aircraft. They had to go through the security check again and to my FIL's horror, the gift he bought at EWR duty free shop was not allowed and removed. When he showed the receipt they said that the gift has been bought in
US and cannot be allawed into the aircraft. :(Air India where are you and what a Maharaja experience.
Worst website ever:
In the mean while we keep checking the AI web site which I think is one of the worst web sites I have ever been to. I think that this contract is also being awarded to some third party with crores of tax payer money. we were looking for schedules of flight which departed on Sep 25 from Newark airport and here it shows th schedule of the 24th
flight.
Customer Service in Mumbai:
We tried to track the flight (if flightreached Mumbai) by calling AI desk in Mumbai. They had no idea and after repeated calls could reach an agent who made some research and
told that the flight has reached Mumbai and gave further schedule of the flight.
Flight reaches Hyderabad:
The flight reached Hyderabad after change of flight in Mumbai.
Luggage:
Some of the luggage was missing. To our horror the bags we got had stuff from some other people's bags. Please leave the luggage Air India.
Summary:
What a mess Air India. You have taken advantage of the "always yielding" Indians who prefer you for a home experience. Please remove the word "India" nd the "Maharaja" symbol as you are no longer fit for that.
Experience with Air India
It is with great shame I bring out this piece to you about how Air India is using the "India" tag by cheating its innocent citizens and show its ugly real face. I have never seen anything so unprofessional and have no hesitation to say they are the worst airline in the world.
Passengers:
Father-in-Law (FIL) and Mother-in-Law with baby
My in-laws were returning to India via Air India on September 24th from EWR (Newark, NJ) airport after brief US visit.
Ticketing Experience:
We started the whole process 1 month earlier and contacted Air India (1800 223 7776) about the booking. First we got an answer saying that the class we booked in is full and we have to pay another 40$ per person for another segment. For that we had to call another AI booking# and after 40 mins on the call could reach an agent. We
got new confirmation #s and when asked for the basinet seat was told they could not see the seats and have a special request sent and asked me to call back in 3 days to confirm. We called like 5-6 times and everytime were told they cannot view the seats and when asked to see for seats in another segment or another date, we were told to
re-book again and then ask for seats. How on earth could an airline not see available seats in its aircraft.They have taken customer service to new digraceful level.I roped in my brother in law to go to AI office in Newark and try with an agent directly. Even after
going for 2-3 times directly to the AI office, my BIL failed to secure us the seats. After all the tries we were ultimately told to go to the Airport sooner on the travel date so we can get a basinet seat.
Journey Day:
On the date of the travel in-laws reached at 2:00 PM at the airport in hopes that they will get a basinet seat. The agent gave them a hard time and we had to go back n forth 2-3 times for getting the seats confirmed and have in-laws and baby seated together. I think the whole ticketing at the aiport is being handled by a third party who
are doing a horrible job. My FIL in the meanwhile buys a gift at the custom notified shops at EWR.The flight which was to depart at 6: 20 PM was ready for take off when all of a sudden the pilot says there is a technical problem (God knows what would have happened had the flight taken off). The flight returns to the gate and the passengers are told to wait until they fix the problem. They wait for 2 hours and are asked to then wait in the
boarding area until they really look into the technical problem. (In the meanwhile we hear on Indian TV channels that there is a Pilot strike going on in AI regarding Pilot pay package which adds to our tension). The Air India (airindia.com) website is for show off only with few flight images and had no flight status. We immediately call the AI office in Newark who have no-clue what is going on. When I asked the problem they said it is confidential and cannot be told:(. Eventually all the passengers are told that the flight has been
cancelled for the day and should return the next day and all the checked in baggage will be returned. My poor in-laws with baby had to return back and reached home at 3:00 AM in the morning.
The next day:
The next day the whole scene repeats again and we had to deal with the irritable AI ticket agents who say they are missing something at their whim. We were able to get a basinet seat this time also and happy we were all set for the 6:20 PM flight. This time we gave my FIL a pre-paid cell phone. The same thing repeats again. This time they wait in the boarding area and are told that the pilots have gone to repair the earlier (Sep 24) flight which had an issue. They wait patiently until 10:15 PM. We were all tensed here
and were expecting the flight to be cancelled this day also. No body from AI was available this day to pick-up and explain what is happening. The call re-directs to India who have no idea about the flight status in US. My FIL eventually calls at 10:30 PM and said that they will be boarding soon.
Frankfurt stop:
The flight has a stop at Franfurt and the passengers were asked to go to another terminal
for boarding the same aircraft. They had to go through the security check again and to my FIL's horror, the gift he bought at EWR duty free shop was not allowed and removed. When he showed the receipt they said that the gift has been bought in
US and cannot be allawed into the aircraft. :(Air India where are you and what a Maharaja experience.
Worst website ever:
In the mean while we keep checking the AI web site which I think is one of the worst web sites I have ever been to. I think that this contract is also being awarded to some third party with crores of tax payer money. we were looking for schedules of flight which departed on Sep 25 from Newark airport and here it shows th schedule of the 24th
flight.
Customer Service in Mumbai:
We tried to track the flight (if flightreached Mumbai) by calling AI desk in Mumbai. They had no idea and after repeated calls could reach an agent who made some research and
told that the flight has reached Mumbai and gave further schedule of the flight.
Flight reaches Hyderabad:
The flight reached Hyderabad after change of flight in Mumbai.
Luggage:
Some of the luggage was missing. To our horror the bags we got had stuff from some other people's bags. Please leave the luggage Air India.
Summary:
What a mess Air India. You have taken advantage of the "always yielding" Indians who prefer you for a home experience. Please remove the word "India" nd the "Maharaja" symbol as you are no longer fit for that.
more...
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rayoflight
05-20 03:21 PM
Thank You Ramesh
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RahSaj
05-30 09:53 PM
Amount = $50.00
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gapala
03-20 09:50 PM
There is nothing really called transfer. When you are filing for the first time its counted against the cap. Otherwise its not. So when you are transfering the H1
1. You are not counted against the cap
2. Need to prove you are in status.
Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast.
Ok, Here's what law says about so called "transfer"
D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States;
(b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
(c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.
The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.
Further it says,
The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.
There are few other memo's on this I will try to post the links for reference
1. You are not counted against the cap
2. Need to prove you are in status.
Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast.
Ok, Here's what law says about so called "transfer"
D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States;
(b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
(c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.
The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.
Further it says,
The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.
There are few other memo's on this I will try to post the links for reference
snhn
09-27 11:45 AM
I probablly know the answer to my own question, but would like to know other opinions. My lawyere tells me this. Since the dates were current when I filed for my I485 in July, the application will be processed regardless of what the dates are right now. Another words, he thinks that even though the dates are showing as 2002, my application will be processed since when we filed, they were current.
is this true. If so, then provided I pass background check in time, i should expect my GC in a year or so. but if I have to wait until 2002 Row becomes current, in my case 2005.. then I am majorlly scrwed...
thaughts.
is this true. If so, then provided I pass background check in time, i should expect my GC in a year or so. but if I have to wait until 2002 Row becomes current, in my case 2005.. then I am majorlly scrwed...
thaughts.
hydboy77
02-13 03:37 PM
Dear Administrator2\IV core,
Just getting the provision to file AOS when priority date is not current without the other provisions that are related to pre filing AOS like "removal of semilar\same job restriction when using EAD\AC21" is not good. Dont get me wrong I understand how much the guys who missed out on the july fiasco want to prefile AOS and get EAD but without the provision to remove the restriction of same\semilar job requirement in AC 21 it (EAD) is useless. By now everyone knows that USCIS is heavily issuing RFE or denial notices for h1b transfer and extension. It is just a matter of time before USCIS starts issuing RFE or denial notice on EAD\485 as well. The prime candidate for USCIS to kick out people using EAD\485 is the same or semilar job restriction while using EAD\AC21. If everyone gets to pre file AOS without PD restrictions then USCIS will make using EAD as difficult as using H1b. Please fight for the removal of "same\semilar job requirement in AC 21" along with prefiling AOS so that everybody gets true relief and it really becomes a win win situation, otherwise it is a waste and will speed up uscis making life miserable for EAD workers.
Dear jchan,
We are very interested in this provision. Immigration Voice has heavily invested in this measure, both, legislatively and administrative. We have consistenly advocated for this provision which we believe will curb arm twisting by bad employers, that are like few bad apples in the big basket. Such a provision will help everyone including USCIS, lawyers, genuine companies, and direct+indirect beneficiary. Its a win-win for all.
.
Just getting the provision to file AOS when priority date is not current without the other provisions that are related to pre filing AOS like "removal of semilar\same job restriction when using EAD\AC21" is not good. Dont get me wrong I understand how much the guys who missed out on the july fiasco want to prefile AOS and get EAD but without the provision to remove the restriction of same\semilar job requirement in AC 21 it (EAD) is useless. By now everyone knows that USCIS is heavily issuing RFE or denial notices for h1b transfer and extension. It is just a matter of time before USCIS starts issuing RFE or denial notice on EAD\485 as well. The prime candidate for USCIS to kick out people using EAD\485 is the same or semilar job restriction while using EAD\AC21. If everyone gets to pre file AOS without PD restrictions then USCIS will make using EAD as difficult as using H1b. Please fight for the removal of "same\semilar job requirement in AC 21" along with prefiling AOS so that everybody gets true relief and it really becomes a win win situation, otherwise it is a waste and will speed up uscis making life miserable for EAD workers.
Dear jchan,
We are very interested in this provision. Immigration Voice has heavily invested in this measure, both, legislatively and administrative. We have consistenly advocated for this provision which we believe will curb arm twisting by bad employers, that are like few bad apples in the big basket. Such a provision will help everyone including USCIS, lawyers, genuine companies, and direct+indirect beneficiary. Its a win-win for all.
.
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