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Hi,
Have a question on my visa.

I applied for H1 visa with company A, when I am in US in Apr'08 with
L1 thats getting expired, due to emergency I went to India.

I got h1 approval notice with COS on July'23 2008.

My Indian company B asked to get fresh L1 , so I took a stamping on
Aug'20 2008 and came to US on L1

changed company A with H1 visa . (company A did not do any COS again, since they say H1 is already with COS).

Want to know if my H1 is valid do I need to do any other things to
tell USCIS that I am on H1 NOW. Can I do stamping at Mexico/Cuba.

If there is any problem above how to come out of it.

Eb2-i : 15-feb-04
eb3-i: 01-nov-01

Wondering who was doing GC during Nov 2001 time frame? Why the dates have not moved to 2003 when economy started showing signs of recovery? Do we have folks with PD for the last quarter of 2001.:confused:

One more point...
People looking for GC sponsoring employer may want to talk to these evergreen companies...;)

Before retrogression started in "October 2005 Bulletin, Nov 2005 effective", there are quite a few people who applied for I-485 and had PD upto sept 2004. Those cases are approved. I know couple of cases myself.

I think I was current then and I missed out on that date since I was stuck in backlog elimination centre. you could be right.

Numbers USA changed their web fax from H-1 are tax exempt to this (see below):

Dear [This fax will go to Your U.S. Senators and U.S. Representative ]

I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.

Here are just a few reasons why I hope you will oppose the SKIL Act:

(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.

(2) The H-1B program does not require most employers to give hiring priority to qualified U.S. citizens and permanent residents. If the employer is also sponsoring the foreign worker for a green card, there is such a requirement, but again loopholes render the rule meaningless. As prominent immigration attorney Joel Stewart has said, "Employers who favor aliens have an arsenal of legal means to reject all U.S. workers who apply."

(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.


Sincerely, [Your Name Will Appear Here]

see link http://www.numbersusa.com/faxcenter?action=preview&ID=8306

Most of you either have a firewall or a proxy server to go out to the internet at your work locations, which allows for only TCP port 80. So if you are unsuccessful in getting the real player to work, try this:

when real player opens do the following:
click on tools->preferences->network transport->

then check the "manually configure connection settings"

click on RTSP settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Next
click on PNA settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.

Enjoy!!

For my part, I send an email everyday to the white house and the state dept. This is probably not enough.....but may be some day it will work.

BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?

Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...

Hello rajuram;

We need to keep on sending email/letter to President, Local Senator, Local congressman secretary of Homeland security, secretary of State and Ombudsman.

Please post your email, other members could use same format and send the email. As per my understanding we need to add our story too e.g. when we came, our investment, our capability to buy house and our life is hanging in the middle of no where.

As DallasBlue mentioned to add three items in the email/letter for administrative fixes.

(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back

Well ... that's the sad part. Everyone in core team is probably reading this but no significant feedback or suggestion has come from them. May be they are all too busy or this topic doesn't have any merit or has been discussed in depth already before. I am not sure what's going on.

Nomi my friend, looks like we are on our own on this one. ;)

Do you think no one from core team reading this thread??

Buddy did you even read what I said???
Looks like you have a plan here. Yep.. lets go ahead and irritate the hell out of USCIS and every agency out there.

I'm out of here guys

All the best..

Just sent it. I also sent it to 5 of my friends who are not IV members yet..

HAHAAHA, Yu guys are still dreaming. No more egreen cards for H1Bs doesnt matter what stage you are in. You will get queries like 'when there are so many americans without jobs, why do you need immigrants?' can any company wants to respond to this query?
Already several companies (especially american companies)received this type of audit, And they stopped filing labor and I140.Dont know what type of new audits come at 485 stage.I lost hopes of green card. I have 3.6 years left on H1. I will save whatever I can n go back to india, open a groceyr store, run it on no profit no loss purpose.

Ok.......

So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?

NO. You are not out of status because of AP entry.


From what I understood it is ok to not be working while on AOS having entered on AP.

Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.

Example

Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).

Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.

He entered on USA using AP in Oct 2008. He is using EAD to work.

Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.

If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.

____________________
Not a legal advice.
US Citizen of Indian Origin

I don’t want to start another war here but all I am asking for is a fair treatment of people and not discriminate against people based on country of birth. One of the reasons I left my country, India, is because of the discriminating that exists there in terms of "reservations" where everything is reserved based on your caste for 50%. Now please dont tell me reservations and country cap are different, they are not different they are the same. they accomplish the same purpose in case of skilled immigration.I never thought such a thing would happen in US but it seems worst here because Indians and Chinese make up almost 70 to 80% of H1 (which is dual intent) but when it comes to employment based green cards (which are based on H1) Indians and Chinese combined get only 14% of the visas, don’t you see the tragedy here? Why don’t they enforce the country cap on H1 also, that way people from India and china will not have to suffer worse than others? But US is a competitive country, they want the best available talent for H1 and that’s the reason they don’t put country caps on H1.

Take my case for example, I have come to this country in 1999 on F1 and have been working and paying takes since 2001. I am not even able to apply for 485. If I get laid off now I will have to leave US next year. Contrast this with somebody from Taiwan, UK or some non retrogressed country. In some cases they can get green card within the first year of coming to US. This is not a hypothetical case but a scenario which is happening quite often, especially in EB2. In my own company I have seen people (6 so far) who are 5 years junior to me (i.e joined the company 5 years after I did) get a green card where as I am dazed and confused and haven’t even applied for 485.

I totally agreed with country caps in non skilled immigration, because the only criteria is that you don’t have any diseases and don’t have a criminal background. But in skilled immigration it does not make sense to apply country caps unless you apply country caps in H1. but US is a competitive country, they want the best available talent for H1and that’s the reason they don’t put country caps on H1.
I understand your plight, but then the solution is to put a country cap to H1. Also, I respectfully disagree with comparing your situation in regards to caste etc in your country to country-cap based quotas in the US. This has only happened because the number of H1s for many years exceeded the number of GCs allowed every yr. The US does believe in some diversity which is why they have affirmative action, and the country cap has been imposed in the same spirit. Affirmative action will not go away from the US even if it is, as you say, same thing as caste-based reservations in your home country. I agree: there should be a country cap on H1 also and the total number of H1 per yr should never exceed the number of GCs per yr.

Hi,

I am planning to file EAD & AP on my own and separately from I-485.
Our company will incur the charge for processing I-485 for me and my spouse. But they won't incur the charge for filing EAD and AP. All the attorneys are charging hefty amount for filing EAD & AP. So I am thinking to file EAD & AP on my own and let company take care of my I-485.

So my questions are

1) Is it ok if I file EAD & AP separately from I-485?
Or should i wait till I-485 approval is received and then file EAD & AP.

The concern is because in #10 of I-765 form, there is a section that asks for Alien Registration Number (A-number) or I-94 Number.

2) Is it ok if the I-485 applications are sent by the company and EAD & AP are sent by me and both of these documents reach separately at INS?

Generally most of the applications will reach INS in one bundle. Because I am sure most of the applicants will file I-485/EAD/AP in one shot. But in my case, it will be 2 reaching INS in 2 separate bundles. So is it ok, in my case?

Please advise.

Regards
~~~~~Y

Thank you all for the warm response. I appreciate it and wish the same for absolutely all of you. I hope my heated discussions with various officials about TSC's lack of action will clear some logjam for everyone else who is current but still waiting.

Thanks much!!

The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.

What I have read is that it is critical that his 140 remain valid upto 180 days after filing 485 or the 485 is dead.Correct me if I am wrong.

so what you are basically asking is give gc to everybody who wants. country quota is meaningless (we know that!). qualifications are worthless. nobel prize or manual laborer (all are humans!). illegals also should be given gc without any reservations!

so when we start a campaign try to be reasonable. don't just 'focus' on our 'wishes'. think creatively how to solve the problem we are all facing, by understanding the basics of the whole process.

Good point. But there should be no holy cows where justice is concerned

I dont get it, u r a EB3- india (ur profile says that) with SEp 05 PD and you got an RFE on 485? Cos, i know uscis did not even touch eb3 india with any PD of even 2002. something is not right?


Incorrect! This is just a myth. I-485 RFE can be issued and it can be denied when PD is not current.

Read on my post on same thread
http://immigrationvoice.org/forum/showpost.php?p=313977&postcount=14

Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.

The demonstrators were protesting long delays in securing green cards for highly-skilled workers already in the U.S. The lags make it difficult for businesses in fields such as engineering and software development to secure and keep foreign skilled labor in the country, they say. According to immigration and workforce experts, if the nation does not accept more foreign workers with skills in math, engineering and computer science, we risk losing ground in the global economy, because the computer scientists who can't find work in the U.S. will go to work for economic rivals.

Can you please brief us regarding what action IV has taken...

If you had contributed for the FOIA effort you would have known the actions IV has taken in donor forum. Its a shame that people like you dont contribute and have audacity to come back and demand answers.

Let's not waste this opportunity!!! Let's go guys!!!! Getting to DC requires a sacrifice, but you will be SO glad you went once you see how great we can make it!!!! We can only make it great is you come though!!!

done