gandalf_gray
06-08 11:36 PM
Here is what I would do:
- Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
- If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
- Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
- Get the H-1B visa and come back in Oct to work for your new employer.
If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.
Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.
Thanks AMGC. need one clarification.
do you mean to say that because my L1 is expiring in September, the COS will not be allowed, but the H1 itself will be approved ?
or will it be like because L1 expires before Oct1, the entire h1B petiton will be rejected outright ?
I have this thread on this topic.
http://immigrationvoice.org/forum/showthread.php?p=253917
- Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
- If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
- Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
- Get the H-1B visa and come back in Oct to work for your new employer.
If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.
Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.
Thanks AMGC. need one clarification.
do you mean to say that because my L1 is expiring in September, the COS will not be allowed, but the H1 itself will be approved ?
or will it be like because L1 expires before Oct1, the entire h1B petiton will be rejected outright ?
I have this thread on this topic.
http://immigrationvoice.org/forum/showthread.php?p=253917
wallpaper Salma Hayek Interview GROWN
vbkris77
06-10 12:47 PM
This if enacted will get all the so called "non-desi" employees/employers. Remember in last one year there was no major employer without layoffs.
like_watching_paint_dry
03-16 12:18 AM
I agree with you completely ! I wish and pray Interfilers and labor substitution applicants rot in hell.
I'm right there with you on labor substitution, but I would not really blame interfilers that much.
Though one thing that I would like to see USCIS do is allow people to port EB3 priority date to EB2 only if they were eligible for EB2 as of that priority date. i.e. If you did not have a Masters or 5 years exp. as of June 2002 and so you filed EB3 and have a June 2002 EB3 PD, you should not be allowed to claim June 2002 EB2 priority date based today based on the experience or masters degree as of today. Allowing that does not sound fair to a say a June 2003 PD EB2 person who was eligible for EB2 as of June 2003 and filed EB2.
I'm right there with you on labor substitution, but I would not really blame interfilers that much.
Though one thing that I would like to see USCIS do is allow people to port EB3 priority date to EB2 only if they were eligible for EB2 as of that priority date. i.e. If you did not have a Masters or 5 years exp. as of June 2002 and so you filed EB3 and have a June 2002 EB3 PD, you should not be allowed to claim June 2002 EB2 priority date based today based on the experience or masters degree as of today. Allowing that does not sound fair to a say a June 2003 PD EB2 person who was eligible for EB2 as of June 2003 and filed EB2.
2011 Salma Hayek Quotes!
gc28262
03-10 10:29 PM
Welcome to Capitalism!
...and yes it is the equivalent of bribes taken by our political people in India. As with most things Americans do it diplomatically by calling it "party funds" :-)
Paying commission in India is considered corruption.
In US it is legal.
Reliance, Bajaj or other major companies influencing politicians in India is considered corruption.
In US it is called lobbying.
Yes. welcome to America !
...and yes it is the equivalent of bribes taken by our political people in India. As with most things Americans do it diplomatically by calling it "party funds" :-)
Paying commission in India is considered corruption.
In US it is legal.
Reliance, Bajaj or other major companies influencing politicians in India is considered corruption.
In US it is called lobbying.
Yes. welcome to America !
more...
bestia
01-19 01:28 PM
...
I did argue about the scenario if I ended up losing my passport and vital documents, which is why I had made copies. He shook his head and repeated the same - NO PHOTOCOPIES OF OFFICIAL US IMMIGRATION DOCUMENTS FOR PERSONAL USE.
....
Presenting copies of your documents to government officials is not PERSONAL use. You could argue that. Personal use is if you would be playing monopoly with copies of your documents with your friends. But if you make a copy of US document for the intent to present to US official and not to misrepresent the original document, it is not "personal use" and it is not illegal. That's why lawyers are suggesting making and having copies.
I did argue about the scenario if I ended up losing my passport and vital documents, which is why I had made copies. He shook his head and repeated the same - NO PHOTOCOPIES OF OFFICIAL US IMMIGRATION DOCUMENTS FOR PERSONAL USE.
....
Presenting copies of your documents to government officials is not PERSONAL use. You could argue that. Personal use is if you would be playing monopoly with copies of your documents with your friends. But if you make a copy of US document for the intent to present to US official and not to misrepresent the original document, it is not "personal use" and it is not illegal. That's why lawyers are suggesting making and having copies.
rpatel
07-24 02:38 PM
jc menon...have u ever taken a law class? do u have a jd? why are u then so adamant on thinking u "found" the loophole?
we are not stupid morons over here. Neither is the AILA/millions of lawyers that are associated with immigration law. Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog.
there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.
I dont think anyone should make this a personal issue and try to boast that he/she has complete understanding of the underlying issue while make it seem like everyone else is a buffon. The last thing we want here is people turning against each other and calling names....I can understand that in these trying times we all need some form of vindication to keep our self confidence high...but trying to put the other guy down is not going to get you any respect. Now that was the shrink in me...
I still say whats wrong is trying to get the procedure changed in a way that USCIS will accept I485 form (forget even the EAD) give you a receipt notice and only act on it once the visa number is available. They certainly seem to have some authority in making rules regarding how and when to accept form, as has been seen in early I129 acceptance and concurrent filing issues ?
we are not stupid morons over here. Neither is the AILA/millions of lawyers that are associated with immigration law. Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog.
there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.
I dont think anyone should make this a personal issue and try to boast that he/she has complete understanding of the underlying issue while make it seem like everyone else is a buffon. The last thing we want here is people turning against each other and calling names....I can understand that in these trying times we all need some form of vindication to keep our self confidence high...but trying to put the other guy down is not going to get you any respect. Now that was the shrink in me...
I still say whats wrong is trying to get the procedure changed in a way that USCIS will accept I485 form (forget even the EAD) give you a receipt notice and only act on it once the visa number is available. They certainly seem to have some authority in making rules regarding how and when to accept form, as has been seen in early I129 acceptance and concurrent filing issues ?
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chmur
02-21 10:18 PM
I'd posted elsewhere about my Feb 13, 2008 conversation with the DOS official who sets cutoff dates:
But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.
I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.
is there not a better nuance way to divulge the details without revealing the source.
What if someone at DOS creates problem for this gentlemen for discussing the PD's with you ahead .
Please exercise caution
But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.
I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.
is there not a better nuance way to divulge the details without revealing the source.
What if someone at DOS creates problem for this gentlemen for discussing the PD's with you ahead .
Please exercise caution
2010 Salma Hayek 360x480
ashkam
01-30 02:54 PM
So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?
If you are I-485 pending, you are not out of status regardless of whether you have a job or not.
If you are I-485 pending, you are not out of status regardless of whether you have a job or not.
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feedfront
10-07 12:27 PM
Received email about change in status to 'Your Case Status: Request for Evidence Response Review'. USCIS should have received it yesterday and today it changed to response review.
RFE email: Sept 10, 2010
RFE received by attorney: Sept 21, 2010 [Civil Surgeon was not in current list of authorised civil surgeon + x-ray report was missing]
Reponse to RFE sent on : Oct 05, 2010 via USPS
Soft LUD/email: Oct 07, 2010 @10.30PM PST [Your Case Status: Request for Evidence Response Review]
RFE email: Sept 10, 2010
RFE received by attorney: Sept 21, 2010 [Civil Surgeon was not in current list of authorised civil surgeon + x-ray report was missing]
Reponse to RFE sent on : Oct 05, 2010 via USPS
Soft LUD/email: Oct 07, 2010 @10.30PM PST [Your Case Status: Request for Evidence Response Review]
hair hair Salma Hayek
vsrinir
11-11 04:47 PM
Immigration Reform Rally Planned For January
11/11/2008 2:57 PM ET
TOP MARKET NEWS
(RTTNews) - A coalition of immigrant advocacy organizations is planning a mass rally in Washington on the first full day of the Obama Administration to push for immigration reform.
Hoping to draw tens of thousands of immigrants and supporters from around the country and around the region, coalition leaders said they would push the new Congress and administration for "just" and "humane" reform of the nation's immigration laws.
"We are looking for humane immigration reform … less punitive laws," said Jessica Alvarez, co-chairwoman of the National Capital Immigrant Coalition.
Alvarez said the coalition is hoping to build on the electoral efforts of the immigrant community, noting that the Latino vote was up 30 percent this year from the 2004 presidential election.
"The immigrant community has embraced the spirit of hope and democracy surrounding this historic election," Alvarez said. "We helped them get here. We also need our issues addressed."
Speaking with RTTNews after a press conference to announce the rally, Alvarez conceded that immigration reform has been a "thorny" issue that could be difficult for the Obama Administration to tackle early on.
However, she argued that immigration issues are central to the country's economic recovery.
"The economy's priorities are around families, around jobs, around the welfare of our communities," Alvarez said. "That's exactly what immigration reform will bring to our communities."
She added, "Immigration reform will bring a clear picture for our economy."
In addition to a less punitive attitude for those who have entered the country illegally, the coalition is also seeking stricter enforcement of labor laws to reduce incentives for employers to exploit immigrants, said Angelica Salas of the Fair Immigration Reform Movement.
"We want more enforcement of labor laws. That way you take away the advantage of unscrupulous employers and put everybody on a level playing field," she said.
by RTT Staff Writer
http://www.rttnews.com/Content/PoliticalNews.aspx?Node=B1&Id=772155
11/11/2008 2:57 PM ET
TOP MARKET NEWS
(RTTNews) - A coalition of immigrant advocacy organizations is planning a mass rally in Washington on the first full day of the Obama Administration to push for immigration reform.
Hoping to draw tens of thousands of immigrants and supporters from around the country and around the region, coalition leaders said they would push the new Congress and administration for "just" and "humane" reform of the nation's immigration laws.
"We are looking for humane immigration reform … less punitive laws," said Jessica Alvarez, co-chairwoman of the National Capital Immigrant Coalition.
Alvarez said the coalition is hoping to build on the electoral efforts of the immigrant community, noting that the Latino vote was up 30 percent this year from the 2004 presidential election.
"The immigrant community has embraced the spirit of hope and democracy surrounding this historic election," Alvarez said. "We helped them get here. We also need our issues addressed."
Speaking with RTTNews after a press conference to announce the rally, Alvarez conceded that immigration reform has been a "thorny" issue that could be difficult for the Obama Administration to tackle early on.
However, she argued that immigration issues are central to the country's economic recovery.
"The economy's priorities are around families, around jobs, around the welfare of our communities," Alvarez said. "That's exactly what immigration reform will bring to our communities."
She added, "Immigration reform will bring a clear picture for our economy."
In addition to a less punitive attitude for those who have entered the country illegally, the coalition is also seeking stricter enforcement of labor laws to reduce incentives for employers to exploit immigrants, said Angelica Salas of the Fair Immigration Reform Movement.
"We want more enforcement of labor laws. That way you take away the advantage of unscrupulous employers and put everybody on a level playing field," she said.
by RTT Staff Writer
http://www.rttnews.com/Content/PoliticalNews.aspx?Node=B1&Id=772155
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abd
09-23 09:47 AM
Just when i was wondering that we will have to wait till OCt 1 when new visa are avialable... I saw your message... If i was you i will wait too for next 5/6 days you have till oct to respond.
Does that mean there is still hope that we may see some activity on the cases who have responsed to RFEs or we have to wait till OCt 1 Chewing our nails?
Does that mean there is still hope that we may see some activity on the cases who have responsed to RFEs or we have to wait till OCt 1 Chewing our nails?
hot Salma-Hayek-Biography-3.
alisa
01-19 06:15 PM
Thanks jungalee43...
Bumping up this thread.
BTW, this is the best we have got so far. If anyone can improve on this, please let me know. I will look into this in detail later. An online tool that shows a person how screwed up they are (or are not) due to retrogression should also be helpful.
I had posted this statistics last year on IV. I had done good research to arrive at these figures. I hope the figures will open eyes of people who are bestowed with 'blissful ignorance'.
http://immigrationvoice.org/forum/showthread.php?p=1265#post1265
Bumping up this thread.
BTW, this is the best we have got so far. If anyone can improve on this, please let me know. I will look into this in detail later. An online tool that shows a person how screwed up they are (or are not) due to retrogression should also be helpful.
I had posted this statistics last year on IV. I had done good research to arrive at these figures. I hope the figures will open eyes of people who are bestowed with 'blissful ignorance'.
http://immigrationvoice.org/forum/showthread.php?p=1265#post1265
more...
house makeup Salma Hayek topped off
leoindiano
03-09 01:33 PM
USCIS got amnesia...
So, looking at the bulletin, you will wonder, what USCIS was doin in February and March?
It is the same #@%#@^ng dates,,,,
So, looking at the bulletin, you will wonder, what USCIS was doin in February and March?
It is the same #@%#@^ng dates,,,,
tattoo Salma Hayek went clothes
madhu_online1
03-22 06:58 PM
Guys,
I can donate 25000 airline miles to replace the cost of one ticket and make it simple for someone to buy a ticket.
Madhu
I can donate 25000 airline miles to replace the cost of one ticket and make it simple for someone to buy a ticket.
Madhu
more...
pictures Tagged: Salma HayekCampariad
Wendyzhu77
07-24 12:48 PM
I think this post is purposely composed to scare people. As a matter of fact, any 485 "might" be rejected if it is not properly filed, which has always been true for years. If you case is rejected, of course you will need to refile. So, it is absolutely normal that "some" July 2 filers "might" need to file again. Literally, this sentence is correct, but the auther intentionally uses it to imply that "ALL" will be rejected. As a matter of fact, "every day", some 485 filers will need to refile their 485 sometime later.
Continuing on this forum with more generic title
http://immigrationvoice.org/forum/showthread.php?t=10383
Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog
Greg Siskind is reporting the following about July2nd rejection here
http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html
part of above post --
USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.
Continuing on this forum with more generic title
http://immigrationvoice.org/forum/showthread.php?t=10383
Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog
Greg Siskind is reporting the following about July2nd rejection here
http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html
part of above post --
USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.
dresses Salma Hayek #17247
prioritydate
12-20 08:42 PM
Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.
Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.
Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.
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makeup Salma Hayek
ilikekilo
03-10 12:45 AM
what a shame!!!!!!!!1 Bleep bleep!!!
girlfriend Salma Hayek and French
.jpg "Sexy Salma Hayek FREAKS Out")
SunnySurya
07-03 09:28 PM
May I suggest the following reservations:
20% Other Backward Countries (OBC)
15% Scheduled Countries (SC)
15% Scheduled Territories (ST)
5% Kins of the armed forces
Remaining 55% for Highly Skilled people
20% Other Backward Countries (OBC)
15% Scheduled Countries (SC)
15% Scheduled Territories (ST)
5% Kins of the armed forces
Remaining 55% for Highly Skilled people
hairstyles Salma Hayek one LA 5 2 10
jjava100
07-01 03:07 PM
Thank you for contacting me to share your views about Senate Amendment 4319 to the American Jobs and Closing Tax Loopholes Act (H.R. 4213). I appreciate the time you have taken to correspond with me.
In my position as a United States Senator, I benefit greatly by hearing a wide spectrum of opinions expressed by Oregonians. I listen carefully to these views as I study each issue and decide how to vote on legislation which comes before the Senate. On any issue, I value your thoughts and ideas.
Again, I appreciate your feedback. I have made note of your concerns, and I will certainly keep them in mind. Please keep in touch.
All my best,
In my position as a United States Senator, I benefit greatly by hearing a wide spectrum of opinions expressed by Oregonians. I listen carefully to these views as I study each issue and decide how to vote on legislation which comes before the Senate. On any issue, I value your thoughts and ideas.
Again, I appreciate your feedback. I have made note of your concerns, and I will certainly keep them in mind. Please keep in touch.
All my best,
GC_SUCK
08-16 01:25 PM
I have no idea. The first time I called them was in May (couple of weeks after I did my fingerprints). And was told NC is clear and yet not picked up by any IO for review as they are processing 08/2006 RD cases and my RD is 03/2007. So I have to wait for my turn.
That's all I know.
That's all I know.
crazyghoda
01-30 01:40 PM
Not sure yet...... its not something I expected to happen given the retrogression.
Would the USCIS accept a future dated offer letter? Say a couple of weeks or months from now? Or do I need to have a current job? What about paystubs? If I manage to start somewhere but dont manage to get a paystub by the RFE response date, is that ok?
Would the USCIS accept a future dated offer letter? Say a couple of weeks or months from now? Or do I need to have a current job? What about paystubs? If I manage to start somewhere but dont manage to get a paystub by the RFE response date, is that ok?