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  • GCSeekerCT
    08-21 05:02 PM
    I have a strange situation where I was thinking of AC21 all the while since January (Jul 02 Filer, TSC with Receipt# SRC 0722...).

    Now, I finally made my mind and about to get an offer (after labor day, they say).

    The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"

    My PD is July 31st, 2006.

    Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.

    please advise if the timing (within 3 months) makes sense.

    Please also shed light on the permanent intent thing .

    Many thanks





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  • meridiani.planum
    04-17 08:38 PM
    The word "transfer" is a misnomer. There is no such thing. The new company files a new H-1B petition to hire you, with the request that the new H-1B petition not be counted against the yearly cap. This new application doesn't affect your current H-1B status; in fact if you change your mind about the new offer, you are not even required to go work for the new employer.

    It is always good to wait till the new application is approved, and the approval notice has been received.

    just seconding what amsgc said. You need not even join the new employer even if H1 transfer is approved.

    I am living proof of that (having transferred my H1 just before the July VB came out last year; and then obviously did not join the new employer... filed my 485 with old one, and stuck around for 8 more months on H1... jumped recently using AC-21 and EAD)





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  • franklin
    07-17 06:04 PM
    Send a donation instead


    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute





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  • speedo
    08-14 03:25 PM
    I-485 AD: Jul-02-2007
    I-485 ND: Jul-31-2007

    still waiting for fingerprint notice.



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  • BMS1
    11-05 08:32 AM
    Hopefully, you guys and other new H1-B guys coming to US and yet to file for green card, get frustrated enough about getting locked to an employer and inability of the spouse to get employed and join IV in large enough numbers to bring the "Ability-to-file-I485-during-retrogression" to the top priority where it once was.





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  • paskal
    11-01 11:42 PM
    1. there has been a recapture for nurses once already- 50,000 GC
    therefore older PD's are likely to have a GC already, this lot is likely to be for newer applicants

    2. last time USCIS did this in a way that did not benefit EB3. instead of starting with recapture numbers right away, they first exhausted the regular quota, so all nurses already coming up for GC got numbers from the annual quota, then they gave recapture numbers to people with more recent applications

    of course, either way in the longer run it reduces the number of people in line. but it would be nice if everyone that is waiting could benefit, not just nurses. i'm not writing this to oppose nurses relief or anything, just a factual comment. i do wish they had found a different way- exempt nurses from the quota and allow recapture numbers to be used for everyone...



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  • akhilmahajan
    05-01 07:18 AM
    Keeping the thread alive.........





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  • perm2gc
    11-08 07:57 PM
    SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
    PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
    ________________________________________

    1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.

    � Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.

    � There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.

    � However, there MUST be an approved I-140 to access this benefit.

    � This benefit does not apply to dependents who have reached 21.

    2. AC21 106 (a) - Pending Labor Certification or
    Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.

    � Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:

    (a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or

    (b) 365 days or more have passed since the filing of an EB immigrant visa petition.

    � Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.

    � Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.

    � Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.

    � If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.

    � A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.

    Are you advertising your Law Office on the message board...????



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  • amitga
    04-28 03:20 PM
    Eco Factory - Reid: "The Energy Bill is Ready... I don't have an Immigration Bill." (http://www.ecofactory.com/news/reid-energy-bill-ready-i-dont-have-immigration-bill-042810)





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  • ravi98
    08-30 08:34 AM
    Not only mine. There are many in the same scenario. Its the feeling of being close to the finishline but stll can't cross it. Sudden Influx of anything let it be USCIS is not good.

    So close....yet not there... True, it is frustrating to not cross the finish line, at least you can see the finish line unlike many in EB3 I - who don't even know the # of laps they have to run!!
    Hang in there.......you will get it!



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  • prdgl
    02-10 10:32 PM
    Thanks for the suggestions.

    I have been breaking my head with this for quiet a while.

    But what Ulterior motive can my employer have. Is he trying to lock me up with his company for years, becuase if he doesn't give me a copy of LC or I-140 then I can't really change jobs which is not nice.

    Also i heard that if "I" pay the attorney rather than my company paying, I will get to have a copy of what ever i do with my attorney. Is that right ? My current employer pays for entire GC while the new employer asks his employees to pay for it.

    Also do you know which is more difficult to get approved EB3 or EB2 without raising any red flags ? I am trying to understand which one is safe to play.

    Thanks





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  • sreenivas11
    06-16 07:49 AM
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^



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  • gimme Green!!
    07-04 10:05 PM
    Please, stop rubbing salt on our wounds:mad:

    I am surprised by your comment.

    Congrats to ll those who got I-485 approved.





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  • akred
    07-25 02:40 AM
    Go ahead and start the process if the company is willing to do it. Ultimately, the DOL, not the employer, will decide whether to deny the LC, certify it or sit on it for 5 years before certifying it.



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  • shortchanged
    08-01 06:09 PM
    Unlike I485, you can appeal adverse desisions by USCIS, in I140 cases.Also try Ombudsman and local Congressman.You still have to know, what USCIS decision is.may be you will be alright without doing anything,and your I-140 will be favorably adjudicated!
    Wish you all the best





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  • BECsufferer
    05-11 09:17 PM
    If everybody writes one letter per week to President O. and mail it using postal mail, soon their would be a buzz. We need that buzz now.

    It will cost us $.44 each to mail letter and as these letters continue to pour in (obviously re-directed to waste bin), the word about all this will leak to media and ultimately to Mr. O.

    Want to do it?



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  • knowDOL
    08-23 09:37 AM
    good one.

    Just correct the do to don't, you are all right.
    That's because most people do even know what a I-485 looks like :confused: and will likely not know for years!





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  • chanduv23
    11-19 03:36 PM
    Looks like this is the system that USCIS has been saying they are working on to identify pending cases.

    Now, what if your case is pending and your Attorney is not a AILA member or you do not use an Attorney?





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  • gc_vbin
    04-08 05:06 PM
    You need to update your profile with enough details so people can respond to you. There are not enough details in your profile.

    May 2011 Bulletin is out

    Employment- Based Category
    INDIA EB2 July 2006 (from May 2006)
    http://www.travel.state.gov/visa/bulletin/bulletin_5424.html[/IMG]


    I received an email from NVC on Mar 31st with invoice of 794$. My lawyer says that means nothing to me if I don't go for Consulate Processing. But dont they know when they send the email that we didn't opt for CP in I-140. I am confused.


    For those of you who received the letter from NVC are you EB2?





    pappu
    01-26 03:02 PM
    Press release. Jan 26, 2011
    ==================

    Immigration Voice: President's vision on immigration "in the right direction"

    Immigration Voice (ImmigrationVoice.org - Home (http://www.ImmigrationVoice.org)) applauds the President’s recognition of our broken immigration system that allows for educating foreign nationals in the best universities this country has to offer and refrain from utilizing the investment made on them. The President’s call to reform in his State of the Union speech last night is an acknowledgement that has been decades in the making, he took it a step further by rightly calling out on policies that “makes no sense.” His vision and continued support on finding solutions to fix these problems is a step in the right direction.

    America’s competitiveness and the initiative of keeping the jobs in the US, from being outsourced rests with the highly educated and skilled labor force within the country. The President’s vision of “let’s stop expelling talented, responsible young people who can staff our research labs, start new businesses, and further enrich this nation" is commendable. The highly educated foreign nationals are forced to seek employment elsewhere due to the long waiting periods in attaining green cards. Nearly a million people are stuck in the process and their prime creative years are submerged in the uncertainties of acquiring permanent residency in the country, and their entrepreneurial ventures are curtailed. The need for a bipartisan solution to reform the employment based green card systems that American employers use to recruit and retain the best and the brightest from around the world has become an immediate necessity.

    As the President noted, “No workers - no workers are more productive than ours. No country has more successful companies or grants more patents to inventors and entrepreneurs. We're the home to the world's best colleges and universities, where more students come to study than any place on Earth.” Immigrants come to this country with the very dream the President described, to be a part of the great American workforce, working hard and giving their very best to the country. Aman Kapoor, Immigration Voice founder and president stated, “By tying the economic prosperity with innovation, President Obama has successfully merged the prosperity of our economy with fixing employment based immigration and the tremendous talents that is just waiting to be unleashed.”

    Immigration Voice is greatly honored to work with the Congress and the Administration in finding solutions to the root problems of the backlogs and help clear a path for talented immigrants to contribute to the cutting edge in American innovation and exceptionalism.


    Immigration Voice is a non-profit, national grassroots organization promoting awareness and providing solutions to fix the problems faced by high skilled legal immigrants in the employment based immigration system. Learn more at ImmigrationVoice.org - Home (http://www.immigrationvoice.org)





    marlo
    07-18 12:03 AM
    interesting to note the arrests did not matter.



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