l1toh183
06-15 08:40 PM
Hello,
I am currently working on L1 B in a comany X, I applied for H1B in 2007 through a company Y and my petition got approved, in Nov 2007 they applied for change of status regular processing, in Apr 2008 got a RFE , consultancy responded back to USCIS shortly after it, still waiting on for change of status ............
is there anyone out there in a similar situation, please share your experiences
Thanks in advance for your response
I am currently working on L1 B in a comany X, I applied for H1B in 2007 through a company Y and my petition got approved, in Nov 2007 they applied for change of status regular processing, in Apr 2008 got a RFE , consultancy responded back to USCIS shortly after it, still waiting on for change of status ............
is there anyone out there in a similar situation, please share your experiences
Thanks in advance for your response
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PD073102VA
03-19 11:42 AM
Here is what Attorney Mathew Oh thinks about provisions for STEM.
Section 406. Visas for Individuals with Advanced Degrees: Section 406 exempts from the numerical cap on employment-based visas aliens with advanced degrees in science, technology, engineering, or math, and has worked in a related field in the U.S. during the 3 year period preceding their application for adjustment of status.
[Matthew Oh Comment: This benefit appears to apply not only to the U.S. earned advanced degree holders but also to those advanced degree holders who earned the degrees in the foreign countries as well.]
It also exempts immediate relatives of aliens who are admitted as employment-based immigrants from the numerical limitations of 203(b).
[Matthew Oh Comment: Exemption from the numerical limitation of spouses and children of EB immigrants and exemption from the numberical limitation of advanced degree holders in science, technology, engineering and mathematics with 3-year employment in the U.S. would practically make a substantially large addtitional numbers available to the total EB immigration numbers beyond the total cap of 290,000.]
Finally, it increases the available visas numbers for H-1B nonimmigrants and provides an exemption from the numerical limitation aliens who have earned advanced degrees in science, technology, engineering, or math.
[Matthew Oh Comment: Currently those advanced degree holders who are benefitted from the different H-1B annual cap are limited to the U.S. earned advanced degree holders. Besides, they are still subject to a cap, albeit separate, of 20,000 annually. This provision appears to make totally H-1Bcap-exempt for those advanced degree holders in science, technology, engineering, or mathematics.]
The H-1B numerical limitation is also supplemented with a flexible limitation that is set according to demand for foreign high-skilled workers.
Section 406. Visas for Individuals with Advanced Degrees: Section 406 exempts from the numerical cap on employment-based visas aliens with advanced degrees in science, technology, engineering, or math, and has worked in a related field in the U.S. during the 3 year period preceding their application for adjustment of status.
[Matthew Oh Comment: This benefit appears to apply not only to the U.S. earned advanced degree holders but also to those advanced degree holders who earned the degrees in the foreign countries as well.]
It also exempts immediate relatives of aliens who are admitted as employment-based immigrants from the numerical limitations of 203(b).
[Matthew Oh Comment: Exemption from the numerical limitation of spouses and children of EB immigrants and exemption from the numberical limitation of advanced degree holders in science, technology, engineering and mathematics with 3-year employment in the U.S. would practically make a substantially large addtitional numbers available to the total EB immigration numbers beyond the total cap of 290,000.]
Finally, it increases the available visas numbers for H-1B nonimmigrants and provides an exemption from the numerical limitation aliens who have earned advanced degrees in science, technology, engineering, or math.
[Matthew Oh Comment: Currently those advanced degree holders who are benefitted from the different H-1B annual cap are limited to the U.S. earned advanced degree holders. Besides, they are still subject to a cap, albeit separate, of 20,000 annually. This provision appears to make totally H-1Bcap-exempt for those advanced degree holders in science, technology, engineering, or mathematics.]
The H-1B numerical limitation is also supplemented with a flexible limitation that is set according to demand for foreign high-skilled workers.
mariner5555
03-15 06:09 AM
Group:
We need to do something for sure. I know that most of EB3 folks are stuck for GC more than 7-8 years. I don't see any good progress for EB3 in the future.
I would request from everyone to wake up and take a proactive step. I am ready to give any kind of support.
The problem is most of the EB3 people are happy with their EAD's. and I guess since EB2 looks promising now - they wont care much about EB3 or retro ..so I dont think anybody is going to wake up. maybe we should go to sleep too :)
We need to do something for sure. I know that most of EB3 folks are stuck for GC more than 7-8 years. I don't see any good progress for EB3 in the future.
I would request from everyone to wake up and take a proactive step. I am ready to give any kind of support.
The problem is most of the EB3 people are happy with their EAD's. and I guess since EB2 looks promising now - they wont care much about EB3 or retro ..so I dont think anybody is going to wake up. maybe we should go to sleep too :)
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coldcloud
05-28 04:19 PM
I will try again tommorow in our SSN office....
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Macaca
09-17 07:40 AM
Congress quietly returns to immigration (http://immigrationvoice.org/forum/showpost.php?p=167577&postcount=1090) A broad overhaul failed this summer, but an array of smaller measures is under discussion, including ways to legalize certain workers By Nicole Gaouette (nicole.gaouette@latimes.com) | Los Angeles Times Staff Writer,
September 17, 2007
Republicans also are considering a bill that would overhaul visas for high-skilled foreigners.
Senate Republicans are also discussing ways to increase the number of visas for high-skilled workers, now capped at 65,000 a year.
September 17, 2007
Republicans also are considering a bill that would overhaul visas for high-skilled foreigners.
Senate Republicans are also discussing ways to increase the number of visas for high-skilled workers, now capped at 65,000 a year.
pkv
05-05 02:09 AM
I receive the standard IRS letter regarding stimulus rebate.
I took this letter and went to SSA office to apply for a SSN for my wife.
Point number 3 in ss-5 clearly says .....
"If you check "Legal Alien Not Allowed to Work," you must provide a document from a U.S. Federal, State, or local government agency that explains why you need a Social Security number and that you meet all of the requirements for the U.S. government benefit. NOTE: Not all U.S. State or local benefits are acceptable for non-work SSN purposes. Contact SSA to see if your reason qualifies.
If you check "Other," you must provide a document from the U.S. government agency that explains why you need a Social Security number and that you meet all of the requirements for a Federal benefit except for the number."
I believe that IRS letter should be treated as a sufficient reason for need of SSN. BUT THEY DIDN'T ENTERTAIN ANY OF THE FACTS AND DECLINED TO ACCEPT APPLICATION FOR SSN.
As long as you qualify for the stimulus payment, you can get a non-work SSN. You qualify as long as you are in the income levels specified, were a resident of the US in 2007 (substantial presence), and were in the US legally (have a valid visa). If you did not file a tax return, then you cannot apply for the SSN.
As far as the Social Security Act is concerned, the law states that they MUST give you a SSN if you qualify for any federally funded benefit. The question is: Is the Economic Stimulus Payment a federal funded benefit. The information in my original post makes a very strong case that it is.
Please post your experiences here, even if you are denied. Remember, the folks in the local SSA offices are bureaucrats, not lawyers, or judges, so don't expect much cooperation. However, if they deny you application, simply write them a short letter saying that you disagree and that you are requesting a "reconsideration."
I took this letter and went to SSA office to apply for a SSN for my wife.
Point number 3 in ss-5 clearly says .....
"If you check "Legal Alien Not Allowed to Work," you must provide a document from a U.S. Federal, State, or local government agency that explains why you need a Social Security number and that you meet all of the requirements for the U.S. government benefit. NOTE: Not all U.S. State or local benefits are acceptable for non-work SSN purposes. Contact SSA to see if your reason qualifies.
If you check "Other," you must provide a document from the U.S. government agency that explains why you need a Social Security number and that you meet all of the requirements for a Federal benefit except for the number."
I believe that IRS letter should be treated as a sufficient reason for need of SSN. BUT THEY DIDN'T ENTERTAIN ANY OF THE FACTS AND DECLINED TO ACCEPT APPLICATION FOR SSN.
As long as you qualify for the stimulus payment, you can get a non-work SSN. You qualify as long as you are in the income levels specified, were a resident of the US in 2007 (substantial presence), and were in the US legally (have a valid visa). If you did not file a tax return, then you cannot apply for the SSN.
As far as the Social Security Act is concerned, the law states that they MUST give you a SSN if you qualify for any federally funded benefit. The question is: Is the Economic Stimulus Payment a federal funded benefit. The information in my original post makes a very strong case that it is.
Please post your experiences here, even if you are denied. Remember, the folks in the local SSA offices are bureaucrats, not lawyers, or judges, so don't expect much cooperation. However, if they deny you application, simply write them a short letter saying that you disagree and that you are requesting a "reconsideration."
more...
Tito_ortiz
02-13 10:37 AM
Guys, this is by far one of the best points ever made in this forum. This is actually our silver bullet. Open the eyes of people around the world that the US is not treating skilled immigrants right anymore. There are many countries out there which offer more career opportunities than here. By the way, what am I doing here?!
Pappu, I sent the article to my cousin in China, asking him to publish his story. Please read his reply. He graduated from University of Chicago and went back to China two years after working in US.
"This is another sad story about skilled immigrant.
I want to talk about this issue from my perspective.
I got my M.B.A in a prestigious US university and worked as a Financial Analyst in US for two years. I was thinking of applying for GC at that time because I had planned to stay in US. But, that winter, when I took a vacation in China, I decided to look for a job in China because I was very impressed by the economic development in China and wanted to capitalize on the opportunity. The Chinese market was/is in urgent demand for US-trained financial analyst. After some interviews, I got a very generous offer from a multinational company and quitted my job in US without any hesitation.
Now five years has passed. Because of my excellent performance, I get two promotions in the past five years and am a director in my company. My boss, who is an american, lost his job and has to go back to US because my company cannot see any fiancial advantage to hire him anymore. I have never been happier. I believe that I made a very good choice five years ago. Most of my chinese classmates during MBA study are still struggling for their GCs and get stuck in their career development because of GCs. They are quite regret that they did not come back to China back 5 years.
So what I want say is that, US is not a very good place to stay anymore. There are many golden opportunities in your own country! Many countries are becoming stronger and stronger. It's not 10 or 20 years ago. 10 or 20 years ago, US is the best place in the world to stay. But now, it's different. My friends in US make about $150k a year and cannot afford a luxury lifestyle. I make $100k a year and enjoy a very comfortable life in China. I built my own house in China, which is even better than my house in New Jersey before. I hired my own chauffeur, housekeeper, two nannies for my baby... I cannot afford these thing if I were still in US. How many americans can afford the same lifestyle as mine? I don't think there are many.
My point is, be open to opportunities in your own countries or other countries in the world other than US. You will be happy to leave US several years later when you look back. Besides, if more and more US-trained scientists and professionals come back to their own countries and help their countries to develop, maybe in another 10 or 20 years, no one would want GC anymore."
Pappu, I sent the article to my cousin in China, asking him to publish his story. Please read his reply. He graduated from University of Chicago and went back to China two years after working in US.
"This is another sad story about skilled immigrant.
I want to talk about this issue from my perspective.
I got my M.B.A in a prestigious US university and worked as a Financial Analyst in US for two years. I was thinking of applying for GC at that time because I had planned to stay in US. But, that winter, when I took a vacation in China, I decided to look for a job in China because I was very impressed by the economic development in China and wanted to capitalize on the opportunity. The Chinese market was/is in urgent demand for US-trained financial analyst. After some interviews, I got a very generous offer from a multinational company and quitted my job in US without any hesitation.
Now five years has passed. Because of my excellent performance, I get two promotions in the past five years and am a director in my company. My boss, who is an american, lost his job and has to go back to US because my company cannot see any fiancial advantage to hire him anymore. I have never been happier. I believe that I made a very good choice five years ago. Most of my chinese classmates during MBA study are still struggling for their GCs and get stuck in their career development because of GCs. They are quite regret that they did not come back to China back 5 years.
So what I want say is that, US is not a very good place to stay anymore. There are many golden opportunities in your own country! Many countries are becoming stronger and stronger. It's not 10 or 20 years ago. 10 or 20 years ago, US is the best place in the world to stay. But now, it's different. My friends in US make about $150k a year and cannot afford a luxury lifestyle. I make $100k a year and enjoy a very comfortable life in China. I built my own house in China, which is even better than my house in New Jersey before. I hired my own chauffeur, housekeeper, two nannies for my baby... I cannot afford these thing if I were still in US. How many americans can afford the same lifestyle as mine? I don't think there are many.
My point is, be open to opportunities in your own countries or other countries in the world other than US. You will be happy to leave US several years later when you look back. Besides, if more and more US-trained scientists and professionals come back to their own countries and help their countries to develop, maybe in another 10 or 20 years, no one would want GC anymore."
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pitha
02-09 10:09 PM
The reason we see progress year after year with Schedule A and nothing happens in EB reform because there is no corporate support for EB reform. This is one of the reaons why we should be open for measure like 485 whenever possible, even after febuary 15th.
Maybe we need to figure out how we can involve the corporations in EB relief. The only reasons we see Schedule A relief every year because there is a strong health industry lobby driving this. the worst part about this is that these 90,000 and 50,000 which were released last year and they are trying now are comming from the unused\recaptured visas from previous years. there is no country limit in the unused\recaptured visas for Schedule A.
when it comes to us we cannot get unused visas and added to that somebody always tries to add country limit to even unused\recaptured visas. Its a double whammy for EB retrogression. May god help us.
Maybe we need to figure out how we can involve the corporations in EB relief. The only reasons we see Schedule A relief every year because there is a strong health industry lobby driving this. the worst part about this is that these 90,000 and 50,000 which were released last year and they are trying now are comming from the unused\recaptured visas from previous years. there is no country limit in the unused\recaptured visas for Schedule A.
when it comes to us we cannot get unused visas and added to that somebody always tries to add country limit to even unused\recaptured visas. Its a double whammy for EB retrogression. May god help us.
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americandesi
08-29 05:34 PM
Guys, any idea on what happens to GC Process and H1 in case your employer is acquired by another company willing to do similar job.
My company sold my business unit to another company. I filed my 485 3 weeks ago. I'm on my 7th year H1 which is already extended to Nov 2008.
Both companies are willing to cooperate.
Help!
Refer http://www.murthy.com/news/UDmaepis.html
My company sold my business unit to another company. I filed my 485 3 weeks ago. I'm on my 7th year H1 which is already extended to Nov 2008.
Both companies are willing to cooperate.
Help!
Refer http://www.murthy.com/news/UDmaepis.html
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waitin_toolong
06-24 12:13 PM
same would go for a child born this year
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nageshwarraoj
06-14 10:06 AM
My I-140 is approved and already filed I-485. Finger Printing completed twice and Medical also completed. My PD is Sept 2005 filed at Texas. Texas Processing completed for I-485 shows Sept.2006. This means my processing is completed and now the PD is current can I expect the Green Cards ....what is next??
Please reply
Nag
Please reply
Nag
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GCwaitforever
02-22 01:36 PM
Very sorry to hear this news. If you have EAD, please use AC21 portability after one more month (after six months of I-485 filing). If your employer gives you severence pay, use it as a pay for a month instead of accepting lumpsum.
Hopefully your I-140 gets approved in the mean-time.
Hopefully your I-140 gets approved in the mean-time.
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GCwaitforever
06-19 05:28 PM
Yes but that is when the provisions of the bill come in to effect.
There is another clause which says "Any pending visa applications filed before the INTRODUCTION of this bill will be counted under the old system". In other words all the I-140s filed after May 15th ( Or June 19th) will have to be re-filed under the merit system if they are not approved and GC received when the Bill is in effect. That Effective date is the one you are refering to. Introduction date is when the bill was added to the senate calander.
Yes. On page 291 bottom, that phrase is there (line number 40, section b). It talks about keeping those petitions intact. I believe the effective date is still October 1st 2007.
There is a reference about labor certification applicants keeping their priority dates. The expectation could be that BECs will clear all petitions by September 30th 2007 and there would be a rush filing for I-140s before October 1st 2007.
There is another clause which says "Any pending visa applications filed before the INTRODUCTION of this bill will be counted under the old system". In other words all the I-140s filed after May 15th ( Or June 19th) will have to be re-filed under the merit system if they are not approved and GC received when the Bill is in effect. That Effective date is the one you are refering to. Introduction date is when the bill was added to the senate calander.
Yes. On page 291 bottom, that phrase is there (line number 40, section b). It talks about keeping those petitions intact. I believe the effective date is still October 1st 2007.
There is a reference about labor certification applicants keeping their priority dates. The expectation could be that BECs will clear all petitions by September 30th 2007 and there would be a rush filing for I-140s before October 1st 2007.
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rockstart
09-30 02:17 PM
Everyone show attitude towards desi. Travel London, Frankfort, Amsterdam, Paris, Zurich, Dubai, Baharain anywhere so I prefer nonstop. I can live with lazy airhosteses in Air India or Continental over seperzelous security in Europe or Middle East.
my opinion:
AI : I love my india , but will not fly AI , because I dont want to take chances with once a year vacation I get.
BA : They are prompt service folks , but I cant tolerate their attitude.
Luftansa: Again good, but cant take the attitude.
cathay/singapore/korean/Arab emirates: Nice , can bet my time and money for my travel on them
Others : I dont really care.
my opinion:
AI : I love my india , but will not fly AI , because I dont want to take chances with once a year vacation I get.
BA : They are prompt service folks , but I cant tolerate their attitude.
Luftansa: Again good, but cant take the attitude.
cathay/singapore/korean/Arab emirates: Nice , can bet my time and money for my travel on them
Others : I dont really care.
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Kodi
06-26 12:11 PM
Did they change it to add a clause that illegal immigrants need to leave USA and re-enter in order to apply for Z visa?
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casinoroyale
07-27 11:49 AM
bumping
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bkn96
12-21 10:05 PM
Hi guys,
Thanks for your help guys.
My MTR has been approved after 70 days and I-485 has been reopened. Though online status has not been changed yet but attorney received an MTR approval notices.
Ram, have u seen any online updates?
Thanks,
Prince
Great news, I applied MTR 3weeks ago and still waiting for I485 to reopen..
Thanks for your help guys.
My MTR has been approved after 70 days and I-485 has been reopened. Though online status has not been changed yet but attorney received an MTR approval notices.
Ram, have u seen any online updates?
Thanks,
Prince
Great news, I applied MTR 3weeks ago and still waiting for I485 to reopen..
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amitps
09-21 08:19 AM
I don't personally think we had much media coverage except some hidden links, can we post some paid adds where everyone can get know what we are addressing in here i.e., on the front page of google, yahoo, msn, cnn, etc. I know some people might have second thoughts as it involves $ but I'm ready for it to get public attention. There is a thin line between legal and illigal and they are ready to club both together for their benefits. I'm starting to wonder how many people know what is going on, we have to educate them first.
Just to give everyone an idea, the cost of the 300x25 ad on MSN Homepage is $300,000 - $800,000 for 24 hrs. The range varies based on timing, day of the week, seaonality etc.
For the holiday season, it will be about $700-$800K.
Just to give everyone an idea, the cost of the 300x25 ad on MSN Homepage is $300,000 - $800,000 for 24 hrs. The range varies based on timing, day of the week, seaonality etc.
For the holiday season, it will be about $700-$800K.
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shukla77
04-10 02:34 PM
Good post and to the point. On the side note you might be able to hide behind the portable closets.:)
Chandu, you made me laugh (in a fun way, not in the making fun of you way). Hiding is done inside the closet, not behind it. Maybe lack of clothes is explainable because one is "behind" the closet :)
On a serious note though, You provided so many ways that money is being raised by running marathons, funding drives etc etc...but come on, where on this website or anywhere else is it mentioned how this money is being spent??
I have absolutely no right to ask that question because i have never contributed money. But when i am told that I dont have access to this thread or that thread because I am not a donor...I do have the right to question if this organization actually represents all immigrants or just the donors?? If the motto of IV becomes "Change for fairness and justice (For Donors Only)" then it would make a lot more sense to me. But as long as IV keeps on harping that they represent the plight of legal immigrants (which I am) then I do have the right to ask the question ..."What exactly has IV done?"
Asking the question is never the problem, it may make people uncomfortable but I want people (like yourself) who are contributing to at least ask IV before ranting on people like me (who dont contribute) to support the cause...Supporting the cause is NOT equal to giving IV money. The republicans already tried something similar ..."If you are anti-war, you dont support the troops"..That was fallacious and so are all the personal attacks on the "freeloaders" (like myself ofcourse).
Chandu, you made me laugh (in a fun way, not in the making fun of you way). Hiding is done inside the closet, not behind it. Maybe lack of clothes is explainable because one is "behind" the closet :)
On a serious note though, You provided so many ways that money is being raised by running marathons, funding drives etc etc...but come on, where on this website or anywhere else is it mentioned how this money is being spent??
I have absolutely no right to ask that question because i have never contributed money. But when i am told that I dont have access to this thread or that thread because I am not a donor...I do have the right to question if this organization actually represents all immigrants or just the donors?? If the motto of IV becomes "Change for fairness and justice (For Donors Only)" then it would make a lot more sense to me. But as long as IV keeps on harping that they represent the plight of legal immigrants (which I am) then I do have the right to ask the question ..."What exactly has IV done?"
Asking the question is never the problem, it may make people uncomfortable but I want people (like yourself) who are contributing to at least ask IV before ranting on people like me (who dont contribute) to support the cause...Supporting the cause is NOT equal to giving IV money. The republicans already tried something similar ..."If you are anti-war, you dont support the troops"..That was fallacious and so are all the personal attacks on the "freeloaders" (like myself ofcourse).
new_horizon
04-10 02:11 PM
for all those who complain, and say the IV core doesn't do anything. the very reason you are expression your opinions, and most everyone getting advise is because the IV core took pains to set up this forum. It takes great deal of effort, time, money, sacrifice to do something productive and useful for the masses.
If you are too much worried or frustrated with the IV core not sharing info with you, why don't you take the pain of starting a forum of your own, and see how many people will join that. You will understand what all pain you will go through.
Personally I am a donor, because I understand the sacrifice people make to get this thing going. I know nobody is making money out of my donation 'coz they'll be in deep trouble for doing that. And I am not going to complain because I am not being informed of all the actions going behind the scene. I trust the core for doing the right thing which is beneficial to all. There are few core members who have already got the GCs but are still working on this effort.
So my humble advise is "pls don't complain...nobody is under any compulsion to contribute or do anything. The request is out there for all but it's upto you to act".
---------
If you feel discriminated against, pls feel free to lodge a complaint with the DOL or USCIS (just kidding this part alone).
If you are too much worried or frustrated with the IV core not sharing info with you, why don't you take the pain of starting a forum of your own, and see how many people will join that. You will understand what all pain you will go through.
Personally I am a donor, because I understand the sacrifice people make to get this thing going. I know nobody is making money out of my donation 'coz they'll be in deep trouble for doing that. And I am not going to complain because I am not being informed of all the actions going behind the scene. I trust the core for doing the right thing which is beneficial to all. There are few core members who have already got the GCs but are still working on this effort.
So my humble advise is "pls don't complain...nobody is under any compulsion to contribute or do anything. The request is out there for all but it's upto you to act".
---------
If you feel discriminated against, pls feel free to lodge a complaint with the DOL or USCIS (just kidding this part alone).
Eternal_Hope
06-13 10:09 PM
excuse my unfamiliarity with the process..
but if I applied for I485 in July, and 485 applications they receive exceeds the visa numbers available for July, what happens? Do they draw lottery to see which 485 apps would be cosidered?
in other words, just making sure the app reaches USCIS in july first wekk, does it guarantee EAD for spouses?
I have the same question - Do dependent spouses get EAD even if dates retrogress after applying for I-485?
but if I applied for I485 in July, and 485 applications they receive exceeds the visa numbers available for July, what happens? Do they draw lottery to see which 485 apps would be cosidered?
in other words, just making sure the app reaches USCIS in july first wekk, does it guarantee EAD for spouses?
I have the same question - Do dependent spouses get EAD even if dates retrogress after applying for I-485?
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