cheg
08-22 07:16 PM
Thanks for the info, roseball!
http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/final_rule_on_labor_certification
Starting July 16th, 2007, labor certification has a 60 day validity period. Meaning, a I-140 petition needs to be filed within 60 days from labor approval date....If immigrant visa numbers are unavailable (dates retrogressed), you wont be able to file your I-140/I-485 concurrently but you can file your I-140 petition irrespective of your priority date as long as you have a labor approved. You dont have to apply for your labor again and again....Its just that, once you get your I-140 approved, you will have to wait for dates to become current to file I-485...
http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/final_rule_on_labor_certification
Starting July 16th, 2007, labor certification has a 60 day validity period. Meaning, a I-140 petition needs to be filed within 60 days from labor approval date....If immigrant visa numbers are unavailable (dates retrogressed), you wont be able to file your I-140/I-485 concurrently but you can file your I-140 petition irrespective of your priority date as long as you have a labor approved. You dont have to apply for your labor again and again....Its just that, once you get your I-140 approved, you will have to wait for dates to become current to file I-485...
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snathan
06-16 10:32 PM
If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school�.
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Once we get enough people and stories, we can draft letter along with these stories and send it to relevant authorities. So please spread this to other people.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school�.
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Once we get enough people and stories, we can draft letter along with these stories and send it to relevant authorities. So please spread this to other people.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
gk_2000
07-29 01:24 PM
Friends, what is the use of screaming here in this forum? We should become more effective in getting our point of view across, as the important people just don't get it. We should pay attention to the way we are highlighting our issues, or else our questions will continue to be struck down by lame explanations
For one, it might have been better to ask: What are you going to do about the visa backlogs that have long delays like 10 years and more?
Ours is NOT to suggest solutions. Our job is to lay down the problem as clearly as possible
For one, it might have been better to ask: What are you going to do about the visa backlogs that have long delays like 10 years and more?
Ours is NOT to suggest solutions. Our job is to lay down the problem as clearly as possible
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mpadapa
02-12 09:39 AM
My document uses similar method as used in 2007 USCIS Ombudsman report.
Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )
The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.
The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.
It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.
Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )
The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.
The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.
It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.
more...
guyfromsg
07-10 08:12 PM
Being a big company they may have their own IT dept. If we can find out if they either outsource their IT dept or hire H1-bs than he may not have much to argue..my 2cents.
software7
05-12 02:13 PM
Interesting. Talk to congressman and senator - talk to IV - IV also helps in these situations.
Thanks Chandu. Did the same. Got I485 reopended as it is USCIS error (Filing Fee Not enclosed.) Got I797c for both of us saying that I485 reopened.
Thanks Chandu. Did the same. Got I485 reopended as it is USCIS error (Filing Fee Not enclosed.) Got I797c for both of us saying that I485 reopened.
more...
pappu
09-19 05:36 PM
Another advisory: If you learnt of some sensitive information/strategy while meeting staffers/IV core team or others while in DC, DO NOT SHARE it on these forums. People who have missed the rally will miss such information too and we may choose to post any such information as and when needed. Do not post any such info on open public forums.
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n2b
12-28 11:22 AM
This is my first post so forgive if I am not in the right place,
But I have situation where in I need your inputs to decide.
I am working at a clients place and they willing offer me a full time position.
My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
Please Advice!
I am asking questions myself. But I will shed some information that I have.
In my understanding when your I-485 is going to be finalized, they see if the I-140 and intentions to work were valid when ur I 485 was filed. In your case I-140 is not even approved...how would you validate your intent?
Even I am not sure if I USCIS would consider my intentions that I have stayed with the sponsoring company for over 2 years after filing of I 140 and more than 1.5 year after the I 140's approval....
But I have situation where in I need your inputs to decide.
I am working at a clients place and they willing offer me a full time position.
My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
Please Advice!
I am asking questions myself. But I will shed some information that I have.
In my understanding when your I-485 is going to be finalized, they see if the I-140 and intentions to work were valid when ur I 485 was filed. In your case I-140 is not even approved...how would you validate your intent?
Even I am not sure if I USCIS would consider my intentions that I have stayed with the sponsoring company for over 2 years after filing of I 140 and more than 1.5 year after the I 140's approval....
more...
H4_losing_hope
02-17 07:11 PM
Will send the IV copy pretty soon.
Your part is appreciated :)
Your part is appreciated :)
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Libra
01-12 03:34 PM
please send letters and vote here.
more...
ek_bechara
06-13 12:57 PM
To what one member said. More than a 1000 hits and just 150 calls. All we like to do is sit on our fat asses and hope that something will happen. Stop worrying about what someone said about Einstein or Phd's. Use your day time minutes (1 cent/minute) and MAKE the CALLS.
Stop the INTELLECTUAL MASTURBATION and DO SOMETHING for ONCE.
CALL, CALL, CALL
Stop the INTELLECTUAL MASTURBATION and DO SOMETHING for ONCE.
CALL, CALL, CALL
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raysaikat
07-19 10:20 PM
B1 visa of course. :-) . Hey, as I said, I did not think about intent issues at that time. Hindsight is always 20-20. But the deed is done. I never look back. In my dictionary, there is no such word as "should have". I either do something or don't do something. Only losers think they "should have" done something.
There is an obvious difference between "fretting over" and "reflecting". You seem not to understand the difference (reminds me of George W. Bush on Iraq war).
There is an obvious difference between "fretting over" and "reflecting". You seem not to understand the difference (reminds me of George W. Bush on Iraq war).
more...
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=VALOR=
02-04 02:13 PM
I vote for Kitiara.
She had the only castle which wasnt all 45� corners.
The others were more worked, but this one stood out for me because it was different. (and it was a cute castle).
=V=
She had the only castle which wasnt all 45� corners.
The others were more worked, but this one stood out for me because it was different. (and it was a cute castle).
=V=
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madhu345
05-22 04:28 PM
May be its a message for every one on ther other side of the border to sneak in :)
more...
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jain4444
11-09 10:52 PM
Mine was concurrent filing on 7/17/2007. Still not received fingerprint notice. I have opened SR both for me and my spouse
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zico123
05-17 10:49 AM
BBC news article: http://news.bbc.co.uk/2/hi/business/6665913.stm
A diplomatic row is brewing between the US and India over how companies issue temporary working visas to staff.
.....
Mr Nath {Indian commerce minister Kamal Nath} says that he is concerned that the US authorities want to reduce the number of temporary working visas issued each year.
A diplomatic row is brewing between the US and India over how companies issue temporary working visas to staff.
.....
Mr Nath {Indian commerce minister Kamal Nath} says that he is concerned that the US authorities want to reduce the number of temporary working visas issued each year.
more...
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redgreen
11-27 07:03 PM
Hi All FP seekers! I do not know what exactly I am missing if there is a delay in FP. It looks like hundreds of IV members are too much worried because of the 'delay' in FP. Let me worry too (by knowing the big problem!). Can any worriers explain??
On the other hand is it not better to have a late FP, so that you need not go again in the next 15 months! Anyway for most people GC is going to take years!
On the other hand is it not better to have a late FP, so that you need not go again in the next 15 months! Anyway for most people GC is going to take years!
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masterji
08-09 02:37 PM
Is there a way to receive an official answer from USCIS (may be IV can ask the question, not sure)? Or is there a law that specifically bars people to leave GC sponsoring employers? I was unable to find from the Internet. Can anyone find?
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xyzgc
01-03 05:16 PM
why not invest in a full-fledged mba instead? It will help you a great deal in your career aspirations.
pappu
12-24 09:56 PM
Let us see how many IV folks are in this boat. It is really unfortunate that you guys have had to wait. I think there are others who may have applied later in EB3 and due to different state labor, they got their GC in a couple of years. Now they maybe preparing for citizenship while you are still waiting for greencard. The labor backlogs have created this situation.
sankap
07-25 11:01 AM
You said: "...my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep...I am really getting frustrated ..."
I'd strongly recommend you to seek medical advice for possible anxiety.
I'd strongly recommend you to seek medical advice for possible anxiety.
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