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eb3India
05-22 10:24 AM
Here is more info on the bill HR 1268 and the ammendment 379

more info on
http://thomas.loc.gov/cgi-bin/bdquery/L?d109:./temp/~bdaWv9h:1[1-257](Amendments_For_H.R.1268)&./temp/~bd2OAS

This ammendmet allowed them to capture unused visa numbers to allocate them to nurses catagory.
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rsdang
07-23 10:44 AM
I am a July filer as well and have a ton of friends in same boat... This is the first I heard of it.
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apb
09-14 06:52 PM
I missed out on this one...
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piyu7444
07-03 01:59 AM
it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.

Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.
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amsgc
07-03 08:01 AM
There is no such thing as an H-1B transfer - it is unfortunate that this word is used and it confuses people all the time.

Your company B has filed a new petition on our behalf to employ you with a request for:
- The petition to be not counted in the yearly cap
- Your status be extended till the end date on the new petition

Generally speaking:
Since you have already started working for the new employer, you MUST enter using the H-1B approval notice of the new employer (even if you use the visa stamped through the previous employer).

Regarding Mexico - never been there so I don't know how it works with the I-94.


Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.
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veni001
03-31 12:40 PM
What happens if your previous employer cancel the approved I140 before the new company files the for I140. I think you need at least 7-8 months to get Labor approved. I am pretty sure by that time, the old employer will cancel the approved I140. I am taking about big Consulting companies here where you can not negotiate to keep the I140 open after you resign.

Thanks in advance

If the old employer withdraw his petition (that's what most employers do to be on safe side, in this economy) before new employer's i-140 approval then you can not port old priority date.
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Thiru
09-23 04:02 PM
I got email notification through e-mail my AP approval on 4th sep 2009.Not yet received AP document by mail.The processing center is TSC.Anybody in the same situation?

My attorney Received Physical AP approval Document Today.
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gg_ny
11-06 05:14 AM
Employers need to have already declared whether their sponsoring of H1B's result in use of available numbers or exempted from it. They need to substantiate, I believe, with tax documents among other things. The applicant, or USCIS does not decide the category; rather, USCIS can deny an application if it deems an organization, and/or rarely, a position, is NOT 'not for profit': Eg. fully non-profit RD wing of a commercial company rarely gets
designated as non-profit and the H1B's are mostly within the cap.

No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.
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hydubadi
07-23 08:41 PM
Hello,

I already opened a thread on this. does any one has answer for this.

I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'FNU' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.

We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.

For this amendment my lawyer is charging $400.
I want to know, if we can do this amendment on our own and avoid lawyer. Do any one on this forum know how to deal with this situation. Please let me know.

Your answers are highly appriciated.

Thanks,
hydubadi
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vagish
04-28 12:10 PM
See the whole thing here : http://www.washingtonpost.com/wp-dyn/content/article/2006/01/02/AR2006010201376.html

My regtrogression brothers and sisters.....IF WE WANT TO END RETROGRESSION and end the H1B blackout WE HAVE GOT TO SEPARATE OURSELVES FROM THE ILLEGAL KIND and point out the congress and the general populace that there is another kind of immigration which is called ***TADA*** LEGAL IMMIGRATION. Its involves a process of granting permenant residence and citizenship to folks who are

1) Present Legally.
2) Entered LEgally.
3) Work legally.
4) Pay their income taxes.
5) Pay their social security and medicare taxes even when there is no guarantee of the benefits of either until they actually become citizens.
6) Play by the rules, file petitions for work permits and for permenant residency.

Our goal is not the hurt or help the cause of illegals but to make sure that we dont get punished due to wrath against them. After all, we played by the rules and we wait in line by the rules. We dont need amnesty. We need fair deal.

I once again urge you all to channel your energy to immigrationvoice.org This is a non-profit established with goal of ending retrogression using the next immigration bill as a vehicle. Its folks like you and me Losing sleep over retrogression. People like us wondering "What wrong did I do to deserve another 5-6 years of H1B extensions". I am not asking you to put money upfront. It does not cost anything to enroll or join or volunteer. But pooling ideas is invaluable. Stop sulking. Act now.


I totally agree we need participation more than anything else and spread the word. I have been sending feelers to friends who somehow don't get it. They pay attention when I talk to them, but then there is no action. Its a shame, but kudos to all of you guys. As for me, I have lined up to meet up with assistants, office staff for law makers from my district and offices from Senators of Washington state. I am working on the logistics to provide my inputs on Retrogression and IV. So far I have heard both of them support immigration reform. I am requesting to meet with them in person, but me and my wife needs to meet with office staff first. Next week will keep you guys posted more.[/QUOTE]

only legal immigration will have zero support from democrats, since they control both senate and house, it will be virtually immpossible, to get anything in any stand alone bill
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kaisersose
04-28 04:22 PM
Hello,

I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.

This is how I see it.

What you should really consider is to see if there are possible reasons for your spouse's 485 to get rejected.

If you cannot find any, then simply switch to EAD.
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pani_6
03-20 09:57 AM
Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..

So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)
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gcphul
01-10 03:56 PM
munabhai
i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.
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brad_sk2
09-26 12:30 PM
How long does it take to get EAD card by post after Finger printing is done?

I don't think both are related. Folks are getting EADs along with FP notices or receipts at TSC. Its just that NSC is slooow.
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NKR
04-17 02:32 PM
Who gave you a red dot for the very first post here?


His employer..
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waitingnwaiting
11-16 01:35 PM
ABC NEWS: Will Congress Vote on DREAM Act for Illegal Immigrants in 2010?

Senate Majority Leader Reid, Speaker Pelosi Weigh Lame-Duck Vote on Immigration

By DEVIN DWYER

WASHINGTON, Nov. 15, 2010�

Senate Vote on DREAM Act, Immigration in Lame-Duck Congress? - ABC News (http://abcnews.go.com/Politics/senate-vote-dream-act-immigration-lame-duck-congress/story?id=12136182)



They came through for him during a tight reelection campaign in Nevada. Now Hispanic voters are looking to Senate Majority Leader Harry Reid to return the favor.



Reid has promised a Senate vote this year on a small piece of immigration legislation known as the DREAM Act, which would give hundreds of thousands of undocumented immigrants a conditional path to legal residency.



"The answer is yes," Reid told Univision host Jorge Ramos in October when pressed about whether there will be a vote. "I have the right to bring that up any time I want."



As Congress reconvenes this week for the final session of the year, Reid now has roughly a month to make good on his promise.



Many immigrants and immigrant advocates, particularly Hispanics, have been disappointed by Congress' inaction on legislation to address the situation of millions of the country's undocumented immigrants, particularly those who are young children.



However, Republican opposition to efforts to legalize undocumented immigrants, a packed end-of-year legislative agenda and a bleak track record for controversial bills during lame-duck sessions all cast doubt on chances of the bill's passage this year.



The DREAM Act would grant legal status to immigrants who complete college or at least two years of military service and maintain "good moral character." It would apply to immigrants younger than 36 years old who arrived in the U.S. illegally as children under the supervision of their parents.



"We are very confident this will come up for a vote," said Flavia de la Fuente of the adovacy group DreamActivist.org. "We are confident that the American people and that the moderate GOP will make the right choice when it comes to investing in the future of this country."



Reid attempted to attach the measure as an amendment to the defense authorization bill in September, drawing intense protest from Republicans, who accused the Democrat of playing pre-election politics.



Ultimately, Republicans blocked the effort to bring the defense bill to the floor for debate, precluding a chance of adding the DREAM Act. The bill also included a repeal of the military's "don't ask don't tell" policy.



"We're going to vote on the Dream Act; it's only a question of when," Reid said after the vote. "It's a question of fairness. This is not the end of this."



Many activists on both sides of the issue agree, however, that chances of the bill's passage are only going to grow dimmer with an influx of Republicans set to join the House and Senate in January.





Roy Beck, president of Numbers USA, a group that favors tighter immigration controls and supports Republicans' efforts to block the DREAM Act, said the measure is flawed.



"Some of these [immigrants] are compelling cases, no doubt about it," said Beck. "But you've got to draw some lines a lot narrower than the DREAM Act draws them. This is about giving millions of illegal aliens permanent work permits, and I don't think in this economy that this is a very happy time to be doing that."



President Obama supports the legislation, as does Defense Secretary Robert Gates, who says it would help recruitment, and Education Secretary Arne Duncan, who says it's "the right thing to do for our country."



But it's unclear whether the administration will push behind the scenes in the weeks ahead to make it a legislative priority. The Congress already faces challenging debates over whether to extend the Bush tax cuts, fund the federal government through 2011, and approve a controversial defense spending bill.



"The president supports the DREAM Act and I support the DREAM Act. The president supports immigration reform, and I support immigration reform. And how Congress takes that up is for the Congress and the leadership to decide," said Homeland Security Secretary Janet Napolitano in September.



The DREAM Act has received some bipartisan Senate support in the years since it was first introduced in 2001. It was approved as part of immigration reform bill in 2006, but the package later failed in the House. In 2007, the Act was filibustered when it came up for an up-or-down vote.



Speaker Nancy Pelosi has decided not to list DREAM Act as a priority for this week, a senior Democratic aide told ABC News. But it could come up after Thanksgiving.



According to the nonpartisan Migration Policy Institute, about 2 million of the nearly 11 million undocumented immigrants currently living in the U.S. could be eligible for legalization under the DREAM Act.



The group also estimates, however, that only 825,000 of those immigrants would ultimately take advantage of the law if it were enacted.



ABC News' John Parkinson contributed to this report.




DESERT NEWS: Sign the Utah Compact

Published: Sunday, Nov. 14, 2010 12:00 a.m. MST

Sign the Utah Compact | Deseret News (http://www.deseretnews.com/article/700081235/Sign-the-Utah-Compact.html)



Already recognized by Forbes Magazine as the top state in the nation for business, Utah further burnished its reputation for pro-family and pro-growth policies this week as civic, business and religious leaders signed the Utah Compact, a declaration for principled immigration reform.



Historically, during periods of economic recession, business leaders and policy-makers have reverted to what economists call zero-sum thinking � the belief that one person gains only when another loses. When we only have so much pie, it is entirely rational to worry about how the pieces are divvied out. And when the pie is shrinking, the rules for who gets a slice become even more critical.



Fixed-pied concerns are undoubtedly part of what lies behind the complex debate about immigration. There is understandable fear that immigrants might take increasingly scarce jobs and resources from citizens. And any public expenditure on immigrants, whether through social services or law enforcement, draws down a limited public treasury that deserves scrupulous stewardship.



But people also intuitively understand that the best way to ensure more pie over the long term is not to hoard what is being served right now, but instead figure out how to expand the pie. This is what economists call positive-sum thinking � the belief that through exchange we can expand the pie, not simply fret about how it is divided.



The recent recession, followed by a jobless recovery, has served up a fixed-pie economy. But zero-sum or fixed-pie thinking is never the path toward sustained prosperity. And as many of Utah's prominent civic, business, and religious leaders signed a declaration on immigration reform called the Utah Compact, they sent a powerful signal to the world that Utah embraces positive-sum, pie-expanding thought and policies. Instead of creating a hostile environment for immigrants, they have outlined thoughtful principles that embrace the promise afforded through immigration. They have sided with the consensus view of pro-growth free-market economists who recognize that immigration actually creates jobs and revenue. (www.nytimes.com/2010/10/31/business/economy/31view.html)



Even more important than the powerful economic growth message inherent in the Utah Compact is its embrace of those core values that support a free, humane and prosperous society: respect for the rule of law, respect for families, respect for individual liberty and respect for the dignity and humanity of each individual. It emphasizes an orderly approach to the critically important concerns of enforcement and security.



The Utah Compact is not itself a policy � it is a thoughtful declaration of principles that lawmakers should use as they work to craft pragmatic legislation that helps our state deal with the problems and promise afforded by immigration. We are impressed by the array of distinguished civic, business, and ecclesiastical leaders who have signed the Utah Compact or endorsed its principles. We encourage our readers to read the Utah Compact (The Utah Compact - Read the Utah Compact (http://www.utahcompact.com)) and sign it.
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little_willy
11-25 12:18 AM
I would suggest just sending the G-28 forms with the new attorney information. Once this is submitted, call USCIS customer service a week or two later to confirm that the correct attorney information is on file. Later, if you wish, you can send the AC21 documentation. As always, any documents to USCIS should be sent by certified mail or something similar to show the proof if you need it later.

As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.
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billu
08-20 02:10 PM
4. An apology from USCIS for the delay!!

i think we should have USCIS director come home personally to deliver sincere apology in both verbal and written for making people from india file GC and provide detailed explaination for reasons of the delay....thats the only way for him to keep getting our business in future...
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ramus
05-21 09:09 AM
This is time to send press release to media and not for this document. Please visit press relese thred.
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sobers
02-17 07:01 PM
You guys in the DC/MD/VA are are critical to the success of this effort!

Ya all have shown great initiative and leadership -Keep it up!
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sammyb
09-04 05:31 PM
I already got a denial of my wife's application and had to pay $585 for the MTR :mad: ... that would be a nice source of revenue for the agency...

They have to advance the dates down the line to get more fees in order to keep the dumdums employed at the USCIS.........
That does not mean it translates into GCs.....its just more people get EADs and APs and continued revenue for USCIS.
I also won't be surprized if the fees go up in the next round.

Also until the CIR is passed there is no way they will eliminate the backlog as that will mean giving up their "cash cows"===a.k.a "us".......

Here is what I beleive will happen until amnesty is enacted(whether we like it or not our fate is tied to the illegals):
1. Dates will be moved forward and backward randomly to get more fees from new and old suckers like us(everytime the dates move fwd they raise our hopes and we hang on longer).....they don't want us to leave...they just want us to keep paying for their jobs...so as Obama says......"keep the HOPE train alive" even if its not moving an inch.
2. Increase the fees.....
3. Increase the rate of denials: more denials mean more MTRs mean more revenue......

Its a business and you will do whatever to survive.........nothing personal........
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