yestogc
06-11 04:04 PM
Correction it 2 years out of 5 for maintaining PR
http://www.cic.gc.ca/english/newcomers/about-pr.asp
http://www.cic.gc.ca/english/newcomers/about-pr.asp
sriramkalyan
06-23 02:56 PM
May be it is positive for skilled legal immigration. Since CIR is not coming anytime soon, congress can look at improving exiting legal immigration and Administrative changes can happen!!
psaxena
10-20 12:38 PM
RealClearPolitics - Election 2010 - Iowa Senate - Grassley vs. Conlin (http://www.realclearpolitics.com/epolls/2010/senate/ia/iowa_senate_grassley_vs_conlin-1217.html)
This is going nowhere... Guys what are prospects of Grassley winning the Nov elections...I hope he looses
This is going nowhere... Guys what are prospects of Grassley winning the Nov elections...I hope he looses
vcurichmond
08-21 12:35 PM
JULY 19th Filer Checks got encashed.
My I-485 checks got encashed on August 20, 2007. I filed at NSC.
VCURich
My I-485 checks got encashed on August 20, 2007. I filed at NSC.
VCURich
more...
gc4me
07-30 11:50 AM
I guess you meant 'Spouse related difficult GC question'. :D
I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)
I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.
Thanks for the input.
I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)
I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.
Thanks for the input.
ssingh92
01-24 12:53 AM
Although reference in the text above refers to "receipt date shown on your receipt", I doubt if they really mean that. As per latest processing status, all cases with RD = July 2 should have been processed by now. Is that true? I doubt.
True Receipt Date (what service centers make reference to) perhaps is the date when they enter data in the system. In normal circumstances it should be same or close to RD printed on receipts. However, in July/Aug '07 filings several cases (including mine) were shuffled around for months, before they were entered in the system. I am a July2 filer, but my online status says "...case was received on Oct 11, 2007...". My ND is a few days later. Most likley, dates you see in your online status is what they refer to as Receive Date when publishing processing dates.
If I check my case online I see following
On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...
On Receipt Notice I-797C -Notice of Action I see following
Received Date : June 25, 2007
Notice Date : July 25, 2007
I dont know why online case status says that "On July 24, 2007, we received ...."
Do anyone of you see such date mismatch.
Thanks,
True Receipt Date (what service centers make reference to) perhaps is the date when they enter data in the system. In normal circumstances it should be same or close to RD printed on receipts. However, in July/Aug '07 filings several cases (including mine) were shuffled around for months, before they were entered in the system. I am a July2 filer, but my online status says "...case was received on Oct 11, 2007...". My ND is a few days later. Most likley, dates you see in your online status is what they refer to as Receive Date when publishing processing dates.
If I check my case online I see following
On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...
On Receipt Notice I-797C -Notice of Action I see following
Received Date : June 25, 2007
Notice Date : July 25, 2007
I dont know why online case status says that "On July 24, 2007, we received ...."
Do anyone of you see such date mismatch.
Thanks,
more...
answers_seeker
09-07 09:49 AM
What do u think big companies who cannot sponsor L1 ( have to be with the firm for atleast an year ) do in situations like this.
They sponsor H1 and send them to work here on shorter / longer durations.
So in your case, though you are technically working for ABC, Canada you are still working for ABC per se. This means your visits to the US on your valid H1b will have to be on your company's business.
The catch here is that..at the end of your gc process road, you should be employed by ABC in US. So plan on coming back by that time..
They sponsor H1 and send them to work here on shorter / longer durations.
So in your case, though you are technically working for ABC, Canada you are still working for ABC per se. This means your visits to the US on your valid H1b will have to be on your company's business.
The catch here is that..at the end of your gc process road, you should be employed by ABC in US. So plan on coming back by that time..
canleo98
08-09 02:40 PM
My PD was not current in June07, company attorney applied for 3 year extension along with approved I-140. Receipt Date for H1B extension application was June 14th 2007 and H1B was approved on July27th 2007 for one year only. As per FAQ# 2(Q 17), I was eligible for 3 year extension, Can we ask for ammendment in H1B extension. If yes, what is the process for requesting ammendment and what document do we need to file. Any idea how much time it is going to take, is it going to take same time as H1B extension timeline. All your views and answers are welcome.
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
more...
JSimmivoice
01-22 08:21 PM
I was working for a Company A with whom I recently had my petition extended until this year Aug. Then I got laid off and then changed to Company B in Dec 09. But since then until now which is 6 weeks my current employer (his lawyer) has not filed my H1 to USCIS and going to do it shortly. But then Company A again want to rehire me now. One good thing is my Current I-797 petition is with Company A which is not revoked and is valid. But the bad news is they say I've been out of H1 Status since I left them in Dec and that would be a problem for them and for me to rehire me.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
NIW
08-31 12:02 PM
Just take it easy on this guy. He is a hard nosed, narcistic, self proclaimed immigration reforming CNN anchor who made millions just by talking and writing books on Immigration issues. There is some truth in his talk show but most of it is fabricated lie exaggerated by the media.
I really pity him because he has to come up with some immigration news everyday to save his job unlike Anderson Cooper or Wolf Blitz.
But as long as the immigration community, who has time and again proved its extra ordinary skills by getting Nobels, Pulitzers, Outstanding physician awards, humanitarian awards, he can't change a bit of law. The corporate america wants brain and skills, and we have them. We will prevail......
Just change the TV channel
I really pity him because he has to come up with some immigration news everyday to save his job unlike Anderson Cooper or Wolf Blitz.
But as long as the immigration community, who has time and again proved its extra ordinary skills by getting Nobels, Pulitzers, Outstanding physician awards, humanitarian awards, he can't change a bit of law. The corporate america wants brain and skills, and we have them. We will prevail......
Just change the TV channel
more...
hary536
05-18 07:41 PM
Hi,
My Company has decided to have a force shutdown one day per week starting from this month. So now we will be working 4 days instead of 5 days. We also cannot use PTO during these days. So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only.
Does this affect my legal H1 status? Will i still remain in valid legal H1 status, even if i work and get paid for 32 hrs?
Am i still considered full-time? Or is there any amendment needed to be filed? How can i determine, if there is any amendment needed to be filed? If needed, does the company have to file both H1B and LCA amendment or just LCA.
When one files amendment, is it like again the entire process of H1 approval and can the amendment be rejected?
Also if they file LCA amendment, then do they have to show and pay the salary according to current year? or the year when they initially filed my LCA first time?
If i try for H1B transfer after few months,can that be denied due to paychecks of 32hrs salary only used for H1 transfer?
Pls help, if you have any idea about this kind of situation. Lot of companies are having shutdowns and salary cuts this year? How is it handled in your companies guys?
Currently, I am working on H1B since Oct'08.
My company has decided to have forced shutdown 1 day per week. So All employees will be working and paid for only 32 hrs instead of 40.We cannot use the paid leave also.
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
Anyone pls advise? I am really tensed.
My Company has decided to have a force shutdown one day per week starting from this month. So now we will be working 4 days instead of 5 days. We also cannot use PTO during these days. So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only.
Does this affect my legal H1 status? Will i still remain in valid legal H1 status, even if i work and get paid for 32 hrs?
Am i still considered full-time? Or is there any amendment needed to be filed? How can i determine, if there is any amendment needed to be filed? If needed, does the company have to file both H1B and LCA amendment or just LCA.
When one files amendment, is it like again the entire process of H1 approval and can the amendment be rejected?
Also if they file LCA amendment, then do they have to show and pay the salary according to current year? or the year when they initially filed my LCA first time?
If i try for H1B transfer after few months,can that be denied due to paychecks of 32hrs salary only used for H1 transfer?
Pls help, if you have any idea about this kind of situation. Lot of companies are having shutdowns and salary cuts this year? How is it handled in your companies guys?
Currently, I am working on H1B since Oct'08.
My company has decided to have forced shutdown 1 day per week. So All employees will be working and paid for only 32 hrs instead of 40.We cannot use the paid leave also.
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
Anyone pls advise? I am really tensed.
sgupta33
08-24 03:49 PM
The RFE should state how long you have to submit a response. I received an RFE on my I-140 application and was given two weeks to respond (but I had requested premuim processing so that may be why it was only two weeks) - this information was indicated on the RFE. Ask your attorney for a copy of the RFE, if you don't have it.
Hope this helps.
Hope this helps.
more...
acsouza
03-18 05:08 PM
Hi Euclid,
I am in the exact same situation you were.
It seems to me that Ann is correct.
Did it work out for you?
Thank you,
Allan
I am in the exact same situation you were.
It seems to me that Ann is correct.
Did it work out for you?
Thank you,
Allan
fromnaija
07-31 11:06 AM
Hi,
My wife is on H4 and I am on H1. We both have EAD. How ever, I have not converted to EAD and intend to be on H1 till i get my GC. Also our H4 and H1 3 year extensions are pending with CSC. My wife has a job offer for which she will need to use her EAD. The question is:
1) Can she change her status to EAD while her H4 extension is pending ?
2) Will her working on EAD jeopardise her H4 extension adjudication ? We want to maintain valid H4 as a backup.
3) What is the process for her to convert from H4 to EAD. Do we have to inform uscis ?
4) Is required, can she change her status form EAD to h4 (if we maiantain valid H4 as well)
Your quick response is appreciated. Thank You.
As far as I know, EAD is not a status but an interim benefit based on the fact that you have a pending adjustment of status. I believe your wife could work and this will not jeopardize your status. (Please note that I am not a lawyer. My answer is based on common knowledge and you may want to ask a lawyer for a legal opinion).
My wife is on H4 and I am on H1. We both have EAD. How ever, I have not converted to EAD and intend to be on H1 till i get my GC. Also our H4 and H1 3 year extensions are pending with CSC. My wife has a job offer for which she will need to use her EAD. The question is:
1) Can she change her status to EAD while her H4 extension is pending ?
2) Will her working on EAD jeopardise her H4 extension adjudication ? We want to maintain valid H4 as a backup.
3) What is the process for her to convert from H4 to EAD. Do we have to inform uscis ?
4) Is required, can she change her status form EAD to h4 (if we maiantain valid H4 as well)
Your quick response is appreciated. Thank You.
As far as I know, EAD is not a status but an interim benefit based on the fact that you have a pending adjustment of status. I believe your wife could work and this will not jeopardize your status. (Please note that I am not a lawyer. My answer is based on common knowledge and you may want to ask a lawyer for a legal opinion).
more...
felix31
02-12 04:59 PM
Folks,
employer's attorney claims that there is no such thing as H4 premium processing.
Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?
I searched all Mathew-Oh updates dated one year ago and can't locate it.
I need to get that h4 under premium ASAP so that I can transfer to H1 in April.
Can anyone please help?
employer's attorney claims that there is no such thing as H4 premium processing.
Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?
I searched all Mathew-Oh updates dated one year ago and can't locate it.
I need to get that h4 under premium ASAP so that I can transfer to H1 in April.
Can anyone please help?
Loruoo26
02-14 12:47 PM
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more...
imm_pro
06-10 06:27 PM
good ..should be a relief to lot of folks..
06/10/2008: I-140 Premium Processing Reportedly Reinstated 07/16/2008 for Certain Limited Situation That Need 104(c) H-1B Extension
AILA has reported that USCIS will resume I-140 PPS in limited circumstances. According to the report PPS should be available for those beneficiaries whose H will expire within 60 days of filing the request, and who need the I-140 approval to become eligible for that additional H time. Please stay tuned for the official notice of the USCIS.
06/10/2008: I-140 Premium Processing Reportedly Reinstated 07/16/2008 for Certain Limited Situation That Need 104(c) H-1B Extension
AILA has reported that USCIS will resume I-140 PPS in limited circumstances. According to the report PPS should be available for those beneficiaries whose H will expire within 60 days of filing the request, and who need the I-140 approval to become eligible for that additional H time. Please stay tuned for the official notice of the USCIS.
adumas
04-17 05:51 PM
Hi,
I'm in the same situation as Sahil.
Was told by my company's HR that a certain percentage of PERM applications are pulled for audit. Now having enough staff available to audit, means months and months of wait. For that reason, my application of late September 05 can take a year while someone who applied in December can take only two months.
I'm soooo not surprised....
I'm in the same situation as Sahil.
Was told by my company's HR that a certain percentage of PERM applications are pulled for audit. Now having enough staff available to audit, means months and months of wait. For that reason, my application of late September 05 can take a year while someone who applied in December can take only two months.
I'm soooo not surprised....
namm80
01-10 04:42 PM
So, this would mean anyone stuck in name check should never receive FP--correct? I don't think that's the case...i know of a lot of people who get FP notices every 15 (or is it 18?) months or so and are stuck in name checks forever.
The two processes Name check & FP are parallel, not sequential.
I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)
USCIS works in strange ways...i may be using logic that's beyond their IQ :)
Take it easy...
Applied July 23rd NSC. Receipt notice July 23rd and again another receipt September once my case went to CSC and back to NSC.
Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)
took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.
good luck to you!
The two processes Name check & FP are parallel, not sequential.
I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)
USCIS works in strange ways...i may be using logic that's beyond their IQ :)
Take it easy...
Applied July 23rd NSC. Receipt notice July 23rd and again another receipt September once my case went to CSC and back to NSC.
Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)
took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.
good luck to you!
nousername
03-31 05:47 PM
Your 180 days start from the day your I-94 expired. And yes, 2 weeks or 4 weeks over stay will make a difference. Next time when you enter the country or at the Visa office they might ask you the reason.
You did nit clarify if your partner is a US citizen, PR or visa holder. That might help in giving you some additional advise.
You did nit clarify if your partner is a US citizen, PR or visa holder. That might help in giving you some additional advise.
purgan
08-06 09:26 AM
Well a lot of people I know have coverted from EB3 to EB2 while retaining their old PDs, so i'mnot sure about EB2 dates staying in 2004.
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