learning01
04-12 12:33 PM
As I had already posted in the news article thread (http://immigrationvoice.org/forum/showpost.php?p=8552&postcount=225), this is an exhaustive article with a bold and thought provoking headlines. The article can be accessed here - http://www.newsobserver.com/104/story/427793.html
Many skilled foreigners leaving U.S.
Exodus rooted in backlog for permanent status
Karin Rives, Staff Writer
When the Senate immigration bill fell apart last week, it did more than stymie efforts to deal with illegal immigration.
It derailed efforts to deal with an equally vexing business concern: a backlog in applications for so-called green cards, the coveted cards that are actually pink or white and that offer proof of lawful permanent residency.
Many people now wait six years or longer for the card. There are 526,000 applications pending, according to Immigration Voice, an advocacy group that tracks government data.
Lately, this has prompted an exodus of foreign workers who tired of waiting, to return home or go further afield. With the economies in Asia and elsewhere on the rise, they can easily find work in the native countries or in third nations that are more generous with their visas.
"You have China, Russia, India -- a lot of countries where you can go and make a lot of money. That's the biggest thing that has changed," said Murali Bashyam, a Raleigh immigration lawyer who helps companies sponsor immigrants. "Before, people were willing to wait it out. Now they can do just as well going back home, and they do."
Mike Plueddeman said he lost three employees (one a senior programmer with a doctorate) at Durham-based DynPro in the past two years because they tired of waiting for their green cards.
All three found good jobs in their home countries within a few weeks of leaving Durham, said Plueddeman, the software consultancy's human resource director.
"We are talking about very well-educated and highly skilled people who have been in the labor force a long time," he said. "You hate losing them."
This budding brain drain comes as the first American baby boomers retire and projections show a huge need for such professionals in the years ahead. U.S. universities graduate about 70,000 information technology students annually. Many people say that number won't meet the need for a projected 600,000 additional openings for information systems professionals between 2002 and 2012, and the openings made by retirements.
"We just don't have the pipeline right now," said Joe Freddoso, director of Cisco Systems' Research Triangle Park operations. "We are concerned there's going to be a shortage, and we're already seeing that in some areas."
Cisco has advertised an opening for a data-security specialist in Atlanta for several months, unable to find the right candidate. Freddoso believes the problem will spread unless the government allows more foreign workers to enter the country, and expedites their residency process.
However, not everybody believes in the labor shortage that corporations fret about.
Critics say that proposals to allow more skilled workers into the country would only depress wages and displace American-born workers who have yet to fully recover from the dot-com bust.
"We should only issue work-related visas if we really need them," said Caroline Espinosa, a spokeswoman with NumbersUSA, a Washington, D.C., group pushing for immigration reduction. "There are 2.5 million native born American workers in the math and computer field who are currently out of work. It begs the question whether we truly need foreign workers."
She added that the immigration backlog would be aggravated by raising the cap for temporary and permanent visas, which would make it harder for those who deserve to immigrate to do so.
Waiting since 2003
Sarath Chandrand, 44, a software consultant from India, moved with his wife and two young daughters from Raleigh to Toronto in December because he couldn't live with more uncertainty. He applied for his green card in early 2003 and expects it will take at least two more years to get it.
His former employer continues to sponsor his application for permanent residency, hoping that he will eventually return. But Chandrand doesn't know what the future will hold.
"I miss Raleigh, the weather, the people," he said in a phone interview. "But it's a very difficult decision to make, once you've settled in a country, to move out. You go through a lot of mental strain. Making another move will be difficult."
Canada won him over because its residency process takes only a year and a half and doesn't require sponsorship from an employer.
The competition from Canada also worries Plueddeman, who said several of his employees are also applying for residency in both countries. "They'll go with whoever comes first," he said.
And it's not just India and Canada that beckon. New Zealand and Australia are among nations that actively market themselves to professionals in the United States, with perks such as an easy process to get work visas.
New Zealand, with a population of 4 million, has received more than 1,900 applications from skilled migrants and their families in the past two years, said Don Badman, the Los Angeles marketing director for that country's immigration agency. Of those, about 17 percent were non-Americans working in the United States.
Badman's team has hired a public relations agency to get the word out. They have also run ads in West Coast newspapers and attended trade shows, mainly to attract professionals in health care and information technology.
Dana Hutchison, an operating room nurse from Cedar Mountain south of Asheville, could have joined a hospital in the United States that offers fat sign-on bonuses. Instead, she's in the small town of Tauranga, east of Auckland, working alongside New Zealand nurses and doctors.
"It would be hard for me to work in the U.S. again," she said. Where she is now, "the working conditions are so fabulous. Everybody is friendly and much less stressed. It's like the U.S. was in the 1960s."
Limit of 140,000
Getting a green card was never a quick process. The official limit for employment-based green cards is 140,000 annually.
And there is a bottleneck of technology professionals from India and China. They hold many, if not most, of all temporary work visas, and many try to convert their work visa to permanent residency, and eventually full citizenship. But under current rules, no single nationality can be allotted more than 7 percent of the green cards.
In his February economic report, President Bush outlined proposals to overhaul the system for employment-based green cards:
* Open more slots by exempting spouses and children from the annual limit of 140,000 green cards. Such dependents now make up about half of all green card recipients, because workers sponsored by employers can include their family in the application.
* Replace the current cap with a "flexible market-based cap" that responds to the need that employers have for foreign workers.
* Raise the 7 percent limit for nations such as India that have many highly skilled workers.
After steady lobbying from technology companies, Congress is also paying more attention to the issue. The Senate immigration bill had proposed raising the annual cap for green cards to 290,000.
Kumar Gupta, a 33-year-old software engineer, has been watching the legislative proposals as he weighs his options. After six years in the United States, he is considering returning to India after learning that the green card he applied for in November 2004 could take another four or five years.
Being on a temporary work visa means that he cannot leave his job. Nor does he want to buy a home for his family without knowing he will stay in the country.
"Even if the job market is not as good as here, you can get a very good salary in India," he said. "If I have offers there, I will think of moving."
Let's utilize this write up and start quoting the link in our personal comments / emails to other news anchors, commentators, blogs etc.
I thought this deserves it's own thread. Please comment and act.
Many skilled foreigners leaving U.S.
Exodus rooted in backlog for permanent status
Karin Rives, Staff Writer
When the Senate immigration bill fell apart last week, it did more than stymie efforts to deal with illegal immigration.
It derailed efforts to deal with an equally vexing business concern: a backlog in applications for so-called green cards, the coveted cards that are actually pink or white and that offer proof of lawful permanent residency.
Many people now wait six years or longer for the card. There are 526,000 applications pending, according to Immigration Voice, an advocacy group that tracks government data.
Lately, this has prompted an exodus of foreign workers who tired of waiting, to return home or go further afield. With the economies in Asia and elsewhere on the rise, they can easily find work in the native countries or in third nations that are more generous with their visas.
"You have China, Russia, India -- a lot of countries where you can go and make a lot of money. That's the biggest thing that has changed," said Murali Bashyam, a Raleigh immigration lawyer who helps companies sponsor immigrants. "Before, people were willing to wait it out. Now they can do just as well going back home, and they do."
Mike Plueddeman said he lost three employees (one a senior programmer with a doctorate) at Durham-based DynPro in the past two years because they tired of waiting for their green cards.
All three found good jobs in their home countries within a few weeks of leaving Durham, said Plueddeman, the software consultancy's human resource director.
"We are talking about very well-educated and highly skilled people who have been in the labor force a long time," he said. "You hate losing them."
This budding brain drain comes as the first American baby boomers retire and projections show a huge need for such professionals in the years ahead. U.S. universities graduate about 70,000 information technology students annually. Many people say that number won't meet the need for a projected 600,000 additional openings for information systems professionals between 2002 and 2012, and the openings made by retirements.
"We just don't have the pipeline right now," said Joe Freddoso, director of Cisco Systems' Research Triangle Park operations. "We are concerned there's going to be a shortage, and we're already seeing that in some areas."
Cisco has advertised an opening for a data-security specialist in Atlanta for several months, unable to find the right candidate. Freddoso believes the problem will spread unless the government allows more foreign workers to enter the country, and expedites their residency process.
However, not everybody believes in the labor shortage that corporations fret about.
Critics say that proposals to allow more skilled workers into the country would only depress wages and displace American-born workers who have yet to fully recover from the dot-com bust.
"We should only issue work-related visas if we really need them," said Caroline Espinosa, a spokeswoman with NumbersUSA, a Washington, D.C., group pushing for immigration reduction. "There are 2.5 million native born American workers in the math and computer field who are currently out of work. It begs the question whether we truly need foreign workers."
She added that the immigration backlog would be aggravated by raising the cap for temporary and permanent visas, which would make it harder for those who deserve to immigrate to do so.
Waiting since 2003
Sarath Chandrand, 44, a software consultant from India, moved with his wife and two young daughters from Raleigh to Toronto in December because he couldn't live with more uncertainty. He applied for his green card in early 2003 and expects it will take at least two more years to get it.
His former employer continues to sponsor his application for permanent residency, hoping that he will eventually return. But Chandrand doesn't know what the future will hold.
"I miss Raleigh, the weather, the people," he said in a phone interview. "But it's a very difficult decision to make, once you've settled in a country, to move out. You go through a lot of mental strain. Making another move will be difficult."
Canada won him over because its residency process takes only a year and a half and doesn't require sponsorship from an employer.
The competition from Canada also worries Plueddeman, who said several of his employees are also applying for residency in both countries. "They'll go with whoever comes first," he said.
And it's not just India and Canada that beckon. New Zealand and Australia are among nations that actively market themselves to professionals in the United States, with perks such as an easy process to get work visas.
New Zealand, with a population of 4 million, has received more than 1,900 applications from skilled migrants and their families in the past two years, said Don Badman, the Los Angeles marketing director for that country's immigration agency. Of those, about 17 percent were non-Americans working in the United States.
Badman's team has hired a public relations agency to get the word out. They have also run ads in West Coast newspapers and attended trade shows, mainly to attract professionals in health care and information technology.
Dana Hutchison, an operating room nurse from Cedar Mountain south of Asheville, could have joined a hospital in the United States that offers fat sign-on bonuses. Instead, she's in the small town of Tauranga, east of Auckland, working alongside New Zealand nurses and doctors.
"It would be hard for me to work in the U.S. again," she said. Where she is now, "the working conditions are so fabulous. Everybody is friendly and much less stressed. It's like the U.S. was in the 1960s."
Limit of 140,000
Getting a green card was never a quick process. The official limit for employment-based green cards is 140,000 annually.
And there is a bottleneck of technology professionals from India and China. They hold many, if not most, of all temporary work visas, and many try to convert their work visa to permanent residency, and eventually full citizenship. But under current rules, no single nationality can be allotted more than 7 percent of the green cards.
In his February economic report, President Bush outlined proposals to overhaul the system for employment-based green cards:
* Open more slots by exempting spouses and children from the annual limit of 140,000 green cards. Such dependents now make up about half of all green card recipients, because workers sponsored by employers can include their family in the application.
* Replace the current cap with a "flexible market-based cap" that responds to the need that employers have for foreign workers.
* Raise the 7 percent limit for nations such as India that have many highly skilled workers.
After steady lobbying from technology companies, Congress is also paying more attention to the issue. The Senate immigration bill had proposed raising the annual cap for green cards to 290,000.
Kumar Gupta, a 33-year-old software engineer, has been watching the legislative proposals as he weighs his options. After six years in the United States, he is considering returning to India after learning that the green card he applied for in November 2004 could take another four or five years.
Being on a temporary work visa means that he cannot leave his job. Nor does he want to buy a home for his family without knowing he will stay in the country.
"Even if the job market is not as good as here, you can get a very good salary in India," he said. "If I have offers there, I will think of moving."
Let's utilize this write up and start quoting the link in our personal comments / emails to other news anchors, commentators, blogs etc.
I thought this deserves it's own thread. Please comment and act.
wallpaper parker, stevenson, 70s,
savitri.bhave
07-05 08:52 PM
This is a very basic question and I need answer on this as early as possible and guidance from you.
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
felix31
02-12 05:41 PM
both H1 and H4 extension are filed together regularly.
However, the need now arises to upgrade both to premium processing.
Attorney claims I can only get H1 under premium and if processing center wants they will process H4 under premium as well.
But I cannot find this memo that speaks of premium processing being available for I-539 applications as well. It happened sometime last year.
Anyway, thanks for all replies. I'll keep digging....
However, the need now arises to upgrade both to premium processing.
Attorney claims I can only get H1 under premium and if processing center wants they will process H4 under premium as well.
But I cannot find this memo that speaks of premium processing being available for I-539 applications as well. It happened sometime last year.
Anyway, thanks for all replies. I'll keep digging....
2011 parker, stevenson, 70s,
pappu
05-03 08:08 AM
Did you get an RFE for ability to pay before it was denied? if yes, a good lawyer would have helped you answer that. Now you must ask your company to appeal this decision. It takes a year or more for this appeal to be answered. You can use this proof to get your H1B extended if needed. (that is also an option for you).
Even while the appeal is in process, you can start looking around and find a good employer.
Find out where the fault is. Since you are working in the company and the company is paying you salary, the ability to pay could have easily been addressed. Is it HR fault or Lawyer's fault. If you have to leave the company, you can use this as a reason to leave and tell this to the top bosses so that they can take action against incompetent HR or incompetent lawyers.
In your new company start your PERM process asap. HR or lawyers sometimes drag the application and can take several months to move something an inch. Try to find a lawyer that you can hire rather than a company Lawyer. If is tough to find a 'good lawyer' and you need to do some shopping around yourself. Read a sticky thread in IV spotlight topics about lawyers before you hire one. In every step of the process always review each and every document that the lawyer files. Go through it word by word and line by line. Check each tick mark and crosses. Read about each stage of the process yourself and be informed. Be active on the forums and ask questions and learn from others experiences.
We cannot afford to be ignorant of laws on immigration matters even though we are hiring experts to do our job.
Even while the appeal is in process, you can start looking around and find a good employer.
Find out where the fault is. Since you are working in the company and the company is paying you salary, the ability to pay could have easily been addressed. Is it HR fault or Lawyer's fault. If you have to leave the company, you can use this as a reason to leave and tell this to the top bosses so that they can take action against incompetent HR or incompetent lawyers.
In your new company start your PERM process asap. HR or lawyers sometimes drag the application and can take several months to move something an inch. Try to find a lawyer that you can hire rather than a company Lawyer. If is tough to find a 'good lawyer' and you need to do some shopping around yourself. Read a sticky thread in IV spotlight topics about lawyers before you hire one. In every step of the process always review each and every document that the lawyer files. Go through it word by word and line by line. Check each tick mark and crosses. Read about each stage of the process yourself and be informed. Be active on the forums and ask questions and learn from others experiences.
We cannot afford to be ignorant of laws on immigration matters even though we are hiring experts to do our job.
more...
green_card_curious
03-08 01:04 PM
Thanks Hopefulgc. What is AFAIK?
vsuri
09-10 08:26 PM
I had no experience with a prior employer when my employer applied for PERM in January 2007.
Education: MS
PERM Category: EB2
Company Sector: Finance
Job Profile: Technology
PERM & I140 were approved by DoL & USCIS respectively without any RFEs. I485 pending since Aug 2007.
hello every1,
I was wondering how many of you are here who had applied their labor with MS + 0 years of experience for EB2 category..
Could you please shed some light on your profile and current standing in GC process ??
Thank youu....
Education: MS
PERM Category: EB2
Company Sector: Finance
Job Profile: Technology
PERM & I140 were approved by DoL & USCIS respectively without any RFEs. I485 pending since Aug 2007.
hello every1,
I was wondering how many of you are here who had applied their labor with MS + 0 years of experience for EB2 category..
Could you please shed some light on your profile and current standing in GC process ??
Thank youu....
more...
bathuzp
11-11 02:30 PM
where can i find this free attorney on net and do u have a number that i could call at.
2010 Dad is actor Parker Stevenson.
joshraj
10-09 10:17 PM
At least got something today :)
Filed: July 27
Center: Neb
RD: Not Yet - Got Tranfer Notice - To Texas
FP: Not Yet
EAD: Not Yet
I140 - Pending at Nebraska
Filed: July 27
Center: Neb
RD: Not Yet - Got Tranfer Notice - To Texas
FP: Not Yet
EAD: Not Yet
I140 - Pending at Nebraska
more...
chanduv23
03-14 12:07 PM
Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
This trickling effect was already discussed. It is from murthy.com .
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
This trickling effect was already discussed. It is from murthy.com .
hair Parker Stevenson,
san3297
11-10 01:52 PM
Anyone came across this scenario...
more...
kate123
03-07 01:49 PM
Hi Smuggymba, very sorry to see you in such a situation...
It is my understanding that you can get a 3 year H1 (transfer) with an approved I 140. However for a successful transfer, it is required to have 140 in approved state. If for some reason your 140 is cancelled or revoked before you could initiate transfer process, chances are that your H1 transfer may be denied.
My advice is to you: transfer your H1 as soon as possible before 140 is revoked....
Coming to retaining your PD, No matter what, PD is always yours... Once you move to a new company you can port your PD even if old company revokes your 140....
All the best
6 months.
Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.
It is my understanding that you can get a 3 year H1 (transfer) with an approved I 140. However for a successful transfer, it is required to have 140 in approved state. If for some reason your 140 is cancelled or revoked before you could initiate transfer process, chances are that your H1 transfer may be denied.
My advice is to you: transfer your H1 as soon as possible before 140 is revoked....
Coming to retaining your PD, No matter what, PD is always yours... Once you move to a new company you can port your PD even if old company revokes your 140....
All the best
6 months.
Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.
hot Hardy (Parker Stevenson)
gsc999
01-18 01:35 PM
Needhelp, new year greetings!
Its a team effort, nandakumar, abhijit and few others are behind this new effort. You will see, as the day progresses.
Wonderful news!
And gsc is back with a bang!
Its a team effort, nandakumar, abhijit and few others are behind this new effort. You will see, as the day progresses.
Wonderful news!
And gsc is back with a bang!
more...
house ray stevenson bio
ys2jax
07-11 02:21 PM
open a infopass, go to a local service center, they will schedule and u get it done, Dont loose this great chance.
I waited, opened SR's with 0 luck. Then i tried above and it worked. Luckily they scheduled same day as inforpass for me.
what options did you choose while selecting infopass appt
-----------------------
the first screen gives 5 options
1. You need Service on a case that has already been filed
2. You are a new Permanent Resident and have not yet received your permanent Resident Card
3. You want to file an application in person
4. You need information or other services
5. You need a form.
---------------------------------
I selected #1 and it give 4 more options but I am not sure which one to select for FP
Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.
Case Processing Appointment - If you received a notice to go to your local office for further case processing.
EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.
Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.
can you throw some light. Thanks
I waited, opened SR's with 0 luck. Then i tried above and it worked. Luckily they scheduled same day as inforpass for me.
what options did you choose while selecting infopass appt
-----------------------
the first screen gives 5 options
1. You need Service on a case that has already been filed
2. You are a new Permanent Resident and have not yet received your permanent Resident Card
3. You want to file an application in person
4. You need information or other services
5. You need a form.
---------------------------------
I selected #1 and it give 4 more options but I am not sure which one to select for FP
Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.
Case Processing Appointment - If you received a notice to go to your local office for further case processing.
EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.
Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.
can you throw some light. Thanks
tattoo Parker Stevenson,
kris04
11-25 08:06 PM
Hello,
I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.
Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.
My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
Will this trigger an RFE?
Please advise.
This is my personal experience, I filed AC 21 with new G 28 form through a lawyer to update change of attorney on file plus change of employment notification. Later I called customer service several times after 2 months to see if USCIS updated my file, but turned out not updated. Fortunately in August 2008, my I 485 was approved without any RFE and the welcome notice meant for Attorney's was sent to new attorney, the old attorney did not receive it. Bottom line is USCIS is slow in updating your AC 21 request and definitely not update their computer system accessible to USCIS customer service about AC 21 request, however it looks like they add the document to your physical file. Now I am sure in my case USCIS have taken note of AC21 request during approval.
Good Luck
HTH
kris
I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.
Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.
My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
Will this trigger an RFE?
Please advise.
This is my personal experience, I filed AC 21 with new G 28 form through a lawyer to update change of attorney on file plus change of employment notification. Later I called customer service several times after 2 months to see if USCIS updated my file, but turned out not updated. Fortunately in August 2008, my I 485 was approved without any RFE and the welcome notice meant for Attorney's was sent to new attorney, the old attorney did not receive it. Bottom line is USCIS is slow in updating your AC 21 request and definitely not update their computer system accessible to USCIS customer service about AC 21 request, however it looks like they add the document to your physical file. Now I am sure in my case USCIS have taken note of AC21 request during approval.
Good Luck
HTH
kris
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pictures Michael York, Parker Stevenson
shimul99
09-25 03:37 PM
My wife is in h4 now and received the EAD. I also received it, everybody is saying if she uses her EAD her H4 will be invalid. Is that a good or bad thing? What about she lost her job after three months? what will be her status? also is we travel using the AP what will be her status? or it doesn't matter as long you have the EAD and AP......
dresses Parker Stevenson,
d100763
06-22 09:26 PM
VDAMINATOR!
THAT BRA LOOKS LIKE IT WAS DRAWN WITH PHOTOSHOP!
You p0rn lover...
Touch�...:smirk:
THAT BRA LOOKS LIKE IT WAS DRAWN WITH PHOTOSHOP!
You p0rn lover...
Touch�...:smirk:
more...
makeup Parker Stevenson played
insbaby
07-31 01:13 PM
Dream:
EB3 I - OCT 2004 - CURRENT (Long long ago.../Once upon a time...)
Happened:
EB3 I - OCT 2005 - 01/JAN/98
EB3 I - OCT 2006 - 22/APR/01
EB3 I - OCT 2007 - 22/APR/01
EB3 I - OCT 2008 - 01/JUL/01
Expected:
[Deleted as people take it seriously]
Here is the updated content:
EB3 I - OCT 2009 - God Only Knows
EB3 I - OCT 2010 - God Only Knows
EB3 I - OCT 2011 - God Only Knows
EB3 I - OCT 2012 - God Only Knows
EB3 I - OCT 2013 - God Only Knows
EB3 I - OCT 2014 - God Only Knows
EB3 I - OCT 2004 - CURRENT (Long long ago.../Once upon a time...)
Happened:
EB3 I - OCT 2005 - 01/JAN/98
EB3 I - OCT 2006 - 22/APR/01
EB3 I - OCT 2007 - 22/APR/01
EB3 I - OCT 2008 - 01/JUL/01
Expected:
[Deleted as people take it seriously]
Here is the updated content:
EB3 I - OCT 2009 - God Only Knows
EB3 I - OCT 2010 - God Only Knows
EB3 I - OCT 2011 - God Only Knows
EB3 I - OCT 2012 - God Only Knows
EB3 I - OCT 2013 - God Only Knows
EB3 I - OCT 2014 - God Only Knows
girlfriend (Ray stevenson biography)
panini
06-18 04:45 PM
I totally agree!
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
hairstyles ray stevenson bio
indianabacklog
10-12 07:27 AM
I am scheduling an Infopass appointment at my local USCIS office in the hope of getting an interim EAD. It has been more than 90 days since they received my application.
I have a few questions:
1. What do i need to bring?
2. What should i expect?
3. What kind of questions would they ask?
Your experience in this matter is great appreciated!
Thanks in advance!
Take your original receipt notice and the infopass appointment sheet so you will be let in to talk to someone.
The officer there will email/call/get in touch with the service center who is processing your EAD application to see what is happening. The reality is that normally you will get your 'actual' EAD within two weeks from then. It takes as much time to produce and send an interim card (also big waste of money) as it does for them to adjudicate your application.
It really is no big deal.
I have a few questions:
1. What do i need to bring?
2. What should i expect?
3. What kind of questions would they ask?
Your experience in this matter is great appreciated!
Thanks in advance!
Take your original receipt notice and the infopass appointment sheet so you will be let in to talk to someone.
The officer there will email/call/get in touch with the service center who is processing your EAD application to see what is happening. The reality is that normally you will get your 'actual' EAD within two weeks from then. It takes as much time to produce and send an interim card (also big waste of money) as it does for them to adjudicate your application.
It really is no big deal.
EB3_SEP04
08-27 11:23 PM
If employer or attorney are not helpful then there are high chances that they are hiding something, may have communicated to you I-140 approved in EB-2 whereas in real EB-3. One of my friend already have experinced same problem, EB-3 instead of EB-2. His company is in Jersey and the name starts with N.
Another reason why employer is hiding (or don't want to share) suspecting that you can leave him.
Be careful and try some way (as suggested above) to know about your I-140. All the best.
It'd be helpful for readers if you please update your profile with your case details.
Another reason why employer is hiding (or don't want to share) suspecting that you can leave him.
Be careful and try some way (as suggested above) to know about your I-140. All the best.
It'd be helpful for readers if you please update your profile with your case details.
tnite
09-26 10:13 AM
Hi All,
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
see my signature but I am july 2nd filer.
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
see my signature but I am july 2nd filer.
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