Love About.....MENDAL2

I am not sure how you are seeing 14000 EB3 visa in totals. If you look at the table that says India, there are approx 8000 visas or so around Dec 02 for India alone. In addition, I believe the country quota is 7% and not 10% but I could be mistaken on that.

Since you would get approx 3000 EB3 visa's every year, that is why the PD is not moving.

eb2_mumbai,
Most your recent postings are logical but still so much red here- I gave you green.

Thanks for the green gbof. Last Friday I was on 3 green's and then I started to write on this thread for H4 work permits and went down to 8 RED's and then now on 6 Red's so I guess its been a roller coaster ride for me. :-)

Just a warning to folks I have a strong feeling that perhaps EAD renewal might be a good place for IO to demand a fresh EVL. That is based on assumption that it goes to same level/ group of IO who adjudicates 485. If there are different groups that look at 765 & 485 then I guess all they care is to look up the system to see if 485 is pending and then approve 765 (which is normal workflow). I still think this is what they will follow because otherwise every 765 application (proimary) will result in RFE which is additional workload for CIS. They would just add it to required documents to make it easy on all of us.

Asian,

Not sure what you are getting at here.

The managers amendment of S. 2611 does have the provision of filing I-485 even when visa numbers are not available. This provision exists precisely because IV asked for it.
Read the post on http://immigrationvoice.org/forum/showpost.php?p=15093&postcount=2

Berkeleybee

I think what Asian means is that the stringent rule of 'Same kind of job' in AC21 makes AC21 usability very limited. If that condition is abolished, 485 is as good as GC in terms of job mobility.

Incorrect!
Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).


Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)

My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.

I don't think its a good idea. I think this is where the "Last action rule" of USCIS comes in. While being processed, if you leave the country, then the transfer will probably not be processed. Not a lawyer but I think you should wait to get the approval before travelling.

Thanks for the update and we are still here to support the efforts of IV.

H1B extension beyond 6 yrs is possible under 2 circumstances:

a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).

b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.

So CADude should get 1 yr extension is worst case.

Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.

ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.

2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...

3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)

4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...

so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..

I know this is not a good question as there is no time frame for GC process?
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category

I am trying to understand the time (years) difference between two process.

Thanks,
Sanjeev.

Do you have 3 year degree? If so, getting into EB-2 is going to be little tough.

Good Luck.

I will give you a green!:)

Singhsa,

I am having FP appointmenet at Newark NJ ASC on Oct 2nd.

Can you please share your experience?

Thanks,

Can't attend.. Contributed $100 towards the cause..

Guys,

SR's doesnt work. period. I tried 3 times.

best thing is take infopass at your local INS using http://infopass.uscis.gov.

Go and show your receipts, they will schedule the FP appointment within 2 weeks from then. Most people did that successfully and i also took appointment for next week.

Hello Jsb, can you please give us more information on how to sign on for the Ombudsman's conference call for nov2nd.

D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

^^^^^

Thanks !!

It's too late there's a big stick up your ass already how much farther can they really push it in.


too good!! well said!!

this is a good suggestion from the admins and each and every one of us should spend a couple of minutes to update our profile with correct info.

Is there a way to know about the moron who left nasty comments when I posted a thread?

I thought this forum was there to help people with any doubts or issues related to immigration. I have never insulted anyone in the past or left any kind of nasty comments on any threads.

So all of sudden i see "F*** U" comments and negative response for a thread that I started.

So who ever left those comments --Go Fk urself! I'm sure you have no life and its abt time you get one! If you really have issues go consult a psychiatrist.

Well said, logiclife. But from what I know, such employers just open up another company, not in their name, but their spouse or sibling or such and operate behind the scenes until its safe to come out. Other strategies they employ, send payment checks to employees old address on file knowing for sure that its gonna come back thereby delaying the process more.

The other side to the coin is that many times benching is an unholy marriage of convenience between the employer and employee. Employee does not want to go back and does not want H1 revoked and stickes a deal with employer. So its not always the employer at fault.

Bump