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  • i4u
    04-26 10:25 AM
    Hi,

    I am currently on L1B visa since Mar09, another employer is offering for my h1b visa. I have below queries for l1 to h1 conversion process :

    1) How much time I can stay on H1 if I apply H1b now ? My total stay in US on L1 is 1 year 7 months, not a continuous one !!!
    2) What are the good options/approach to file for H1 considering the fact that I want work with current employer on L1B for current project ?
    3) Can I apply for H1 now and later do COS any time after October ?If yes, what is the max time before I need to do COS after H1 approval ?
    4) How about if my current project completes before oct 1st and I have already applied for h1 ?

    Kindly help me for above questions, would appreciate your help.

    Thanks in advance.

    Your current employer or new employer has to file the H1, and it will be subject to H1B cap; Processing times for COS petitions vary between 2-4 months.

    Take advice from a lawyer for specific details. Check out the IV wikki pages
    L1 Visa - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/L1_Visa)





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  • FucTheGC
    06-06 10:56 PM
    Mine is similar to you case, PD- Jan 23 2004, RD July 23 2007, ND Aug 24 2008

    Do feel they go by processing times striclty?

    If the case is straight forward they go by processing times and receipt date.





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  • reddymjm
    10-15 10:23 PM
    You will receive one for your request please post here.





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  • dannyypk
    02-22 11:52 PM
    Is that mean if eb2 India will move, eb-3 ROW will become current? As eb-2 already used up its quota, and eb-1, eb2 eb4 and eb-5 ROW should go to eb-3 ROW becasue THE COUNTRY QUOTA FOR EB2 INDIA ALREADY USED UP.



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  • EkAurAaya
    07-17 12:25 AM
    satysh very well written, but unfortunately i dont think it will make any difference on bigots over at numbers and other anti immigrant sites





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  • dtekkedil
    07-16 06:18 PM
    Guys,
    Lets come up with some suggestions to counter-attack these false propoganda. Few thoughts??
    1. Will gandhigiri work with them? Not just sending flowers but using other Gandhi ways as well.
    2. Should core post some article on the home page.."Top 10 Myths About Employment Based Immigration" and include tax as one of the myths.
    Reason, i'm saying this is that in my company there are several americans who think that way even though they are ok with immigration. They think that we do not pay any tax here.
    3. Educate numberusa and other anti-immigration people about. I know we might not be able to educate the core people over their but we might be able to educate other member joining there.

    Any other thoughts?..


    The only way to counter this is to fax the senators and reps stating the "real" facts!



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  • WAIT_FOR_EVER_GC
    06-10 12:50 PM
    WAKE UP CALL FOR THOSE STILL SITTING ON THE SIDELINES

    On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.

    We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.

    We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.

    IV is working on defeating this amendment. Please stay tuned for further updates.

    On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213

    AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
    TEXT OF AMENDMENT AS SUBMITTED: CR S4754
    COSPONSORS(2):
    Sen Grassley, Chuck [IA] - 6/9/2010
    Sen Harkin, Tom [IA] - 6/9/2010

    Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)

    SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:

    At the appropriate place, insert the following:

    SEC. __. CERTIFICATION REQUIREMENT.

    (a) Short Title.--This section may be cited as the ``Employ America Act''.

    (b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--

    (1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and

    (2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.

    (c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.

    (d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--

    (1) the date on which such individual will no longer be authorized to work in the United States; and

    (2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.

    (e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).

    (f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).

    What should we do. I am in tell me what I need to do?





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  • angelfire76
    09-28 04:33 PM
    Having worked for short periods of time in Germany and Netherlands, I would say that they very much make you feel that you are a foreigner, you can never fit in and are most unwelcome in the country. What irked me is the attitude that they will take your money gladly but don't want you there.
    In fact when I was looking for accomodation in Stuttgart the first thing the landlords asked me was "When are you going to leave?".
    The US may have it's faults, but I've never been asked that question by property owners, only by consulate officers.
    No thanks, I would rather move back to India than work as a third-class citizen in Europe. :mad:

    Somebody said our own Asian migrants are against us. I can see their viewpoint. We are perceived to pose a threat to the well-being of their children and they do have a sense of entitlement just because they happened to come here earlier. Can't change that attitude. We can also see that in some people who haven't yet got their green cards or are newly minted resident "aliens". E.g. Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc. Did we ever stop and think that the system does not even need to play "Divide and Conquer" in a house already divided?

    I frankly think that to an average joe in the US all of us are just another brown guy or chinaman etc. (apologies to the non Asian members of IV) and we don't need to feel that we are somehow superior to the other immigrant.



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  • dealsnet
    03-19 10:07 AM
    85,000 PERM cases certified in 2007. 2007 is a typical heavy filing year still...
    One year 140,000 EB based visas available. If some how some of the back logs are eliminated, the future looks good as 140K for a year and less than 100K labor certifications per year. If the USCIS process with maximum visa/year, it is possible.

    http://www.usavisanow.com/perm07.pdf

    see a chart
    http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg&gid=1





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  • dilbert_cal
    03-20 02:36 AM
    Moral of this thread :-

    All Desi Consulting companies are Fraud

    which in turn implies

    All Desis are Fraud. <---- Nope , Will Not say that because it includes Me :-)

    alright, let me try again

    All Consulting companies are Fraud <--- But hey there are so many which are not Fraud

    Hmmmm, Confused. Alright, Did I hear there are exceptions. No, my dear. We got it the wrong way here. Fact is

    Some Consulting Companies Do Subvert the Law and/or take Advantage of folks on H1. *
    One or more of them are owned by Indians. ( commonly called desi by Indians )
    One or more of them are not owned by Indians.

    Where does the More End ? A small percentage, a big chunk, average ??? There is no study which has been done on the same. We all see it in the perception we hold. And when it comes to negativity, we tend to exaggerate. ( Or maybe we dont and I've a wrong perception )

    * Non-consulting companies also do take advantage of H1b folks if possible - dont think I've to give examples of the same.

    I dont work for a desi company. But I've quite a few friends who work for Desi firms - most of them are happy and have been treated nice and fair. A small number had issues. This is my experience. Certainly not something which makes me identify with the rest of the sentiments.

    As per Logiclife, unpaid period on bench is a certainty. No my dear. Thats an exaggeration.

    How many of us..................

    Well, I thought of writing more but who am I telling this to and why ?

    Rants over - time to get back to my life. I've got something else to finish which I know will bring me more flames but possibly help this organization too and that matters more. Flame me as much as you want to for being the odd man out in the thread ( there are others too - not that I'm the only one ) but possibly I wont even come back to this thread to read the flames :-)



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  • Jaime
    02-19 12:27 AM
    Guys, this looks good. It is NOT for illegal aliens. Paragraphs (c) and (d) state that the alien must be admissible as an immigrant (i.e. not have broken the law by being an illegal), read paragraph (d) here:

    "(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status."

    Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.

    So, stop sending those letters opposing this bill, and instead let's support it!!





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  • needhelp!
    11-14 01:26 PM
    Couple of days back I got the receipt. I'll post the number soon.



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  • dollar500
    08-14 09:38 PM
    Its due...
    although not much excitement anticipated....seeing all 'U' sucks





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  • gc_lover
    07-18 08:34 AM
    Mine reached USCIS Jul 2, 2007 10:25 AM.. no check cashed, no RD..

    I will call USCIS next monday if I dont hear anything before then..

    I read in one of the other thread that, a lawyer said, it might take couple of weeks to generate receipt numbers for early July filers. They are almost done with receipt number for June filers and will start with July filers.



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  • rajarao
    10-30 01:24 PM
    I hope the 70 is not correct. I sent in the FOIA request (notarized) and also mobilized few of my friends. The number 70 is incorrect, because it does not allow me to vote there, otherwise I am sure it would be atleast 71.



    I'm surprised only 70 members are interested in accurate prediction of future VB movements, and orderly processing of 485 applications instead of the current random lottery!

    It would help lot of us make informed decisions if we were to know how many are in the queue and how long we have to wait.We can spend much of the wasted Tracking, VB prediction time with our families. Don't you think it's important? And that your time is too precious to be wasted over such pursuits?





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  • keshtwo
    08-15 05:15 PM
    wonder what that means for India-China EB2 in the October Bulletin. Will the retrogression be back to Jan 07 dates?:confused:



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  • sathyaraj
    03-12 06:20 PM
    Hi BharatPremi:

    Thank you so much for your reply. I do not have any speeding tickets also. I have clean history so far. I am hoping that this will be cleared by this week so that I can join them by 03/24

    Regards
    SathyaRaj

    I am assuming here that you referred Background Check done by future employer as a part of employment offer before granting you the final offer. In that case mostly your employer might have contracted that to third party. And if that would have been the case then it solely depends upon where you resides now and how many states you have moved so far from the date of first entry in uSA and what kind of new implementation all those states may have. Some states even gives "Red Flag" for traffic violation such as speeding. What happens is that, that third party would see only "red flag" and would not come to know about underlying cause of the "red flag". So as a process that third party first come to your future employer notifying about this " red flag". Then your employer decides to query that further having signature from you and would notify third party to dig further and then third party will go to state police to know the underlying cause and state police will work on that by taking fee and and some point of time it will say " hey he had traffic violation". So it may eat up 3 to 4 months to finish the whole cycle and ball is in your employer's court whether to hire you or wait to hire till then. Most companies hire without wasting time and afterwards if something really serious feedback comes in will boot you otherwise you will be fine.





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  • ChainReaction
    12-12 12:57 PM
    Guys I have a basic question if filing for 140 and 485 concurently is rule that uscis can change.. why cant they change a rule to file for EAD and AP after 140 is approved. Since these two are seperate all together from 485 anyway, all we need is filing these two. and 485 can filed when numbers are available.

    And also if the FBI name check can be done during or after the i-140 stage as the labor market is already tested and the employer has/had committed to hire the alien (One of the major factor contributing to this is the retrogression ,which can be reduced substantially at the name check stage) . At least the name check can be taken care of while people are waiting for their PD to become current?





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  • Hermione
    09-26 09:32 AM
    It is not about politics, it is about ignorance of the people (including reporters). It is explainable, though - what do you know about... I don't know, laws around transporting hazardous materials, something you have never been exposed or subject to? Next to nothing. That's what an average American knows about immigration - their closest brush with that law was when their co-worker adopted a child from abroad. Of course, they do not know the difference between worker visas, and employment based immigrant visas (don't they even sound alike?).





    GCNirvana007
    10-12 11:15 AM
    The part I didnt understand is how come you are so stupid? I hope you carry your passport when you go to the bathroom also because a dumb ass sheep like you probably needs it.

    Mr.Bhootia - It wont take a second to type back the same.

    I mentioned about LAW and you are calling me stupid, that explains how you roll isnt it.





    alex99
    05-09 01:05 PM
    bump



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