psaxena
02-25 04:21 PM
Pappu,
Can you make it a sticky note so that the users in all the forums can see the donation stuff and also put on the procedure on how to donate.
FreeRiders,
Thats true there are a lot of free riders and unfortunately they actually make fun of the effort and at the same time jumps first to take the advantage.
Free riders if you are reading this and I know you are, please and please come out of your cheap mentality and donate. You know very well that saving 20$ will not help you build a TajMahal, but donating just 20$ or 50$ will make a huge difference to millions of people INCLUDING YOU AND YOUR FAMILY.
So don't be ashamed of yourself by not donating and donate generously.
Can you make it a sticky note so that the users in all the forums can see the donation stuff and also put on the procedure on how to donate.
FreeRiders,
Thats true there are a lot of free riders and unfortunately they actually make fun of the effort and at the same time jumps first to take the advantage.
Free riders if you are reading this and I know you are, please and please come out of your cheap mentality and donate. You know very well that saving 20$ will not help you build a TajMahal, but donating just 20$ or 50$ will make a huge difference to millions of people INCLUDING YOU AND YOUR FAMILY.
So don't be ashamed of yourself by not donating and donate generously.
wallpaper palm tree tattoos.
ashshah
12-16 03:55 PM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Another recommendation is if possible do a landmark forum course. Its a 3 day course but definitely worth doing especially it may help to handle depression of any kind. Its based on a technology and not everyone gets the same benefits. But it does provide you good insights and everyone gets benefited in some way or the other.
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Another recommendation is if possible do a landmark forum course. Its a 3 day course but definitely worth doing especially it may help to handle depression of any kind. Its based on a technology and not everyone gets the same benefits. But it does provide you good insights and everyone gets benefited in some way or the other.
EADplease
09-11 04:45 PM
Congratulations, mine (485 and 765 for my husband) was received by TSC on July 24th but no receipt, no checks cashed nothing yet. It seems TSC is really slow in receipting the applications. My husband needs to travel abroad soon and we're anxiously waiting for the receipt...
My applications ( I-140; I-485; I-765) were mailed on July 27th to NSC and they had acknowledged received on JULY-30th as per the mail delivery confirmation.
Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.
Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.
My applications ( I-140; I-485; I-765) were mailed on July 27th to NSC and they had acknowledged received on JULY-30th as per the mail delivery confirmation.
Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.
Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.
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tonyHK12
02-12 11:20 AM
thanks vkjanam
more...
test101
07-09 03:38 AM
For some postal destinations the USPS offers guaranteed 2 day service. I recently mailed a package where this service was offered. The postal worker explained that if the package was mailed on a Friday, it would be delivered on Sunday. San Francisco, CA is one of the destinations where this service is offered and the package in question was, indeed, delivered on a Sunday.
You should check whether the postal service offers the 2-day service to the USCIS office.
Thank you for explainig that. My lawyer indead in CA. Thank you very much.
It was mailed on jun/29 via priorty mail.
You should check whether the postal service offers the 2-day service to the USCIS office.
Thank you for explainig that. My lawyer indead in CA. Thank you very much.
It was mailed on jun/29 via priorty mail.
Green.Tech
03-25 10:19 PM
I tried doing that. Convinced the employer to file a new labor for a new position, advertized again, filed a new labor under PERM, applied for a new I-140 and waited for a year for approval ... now the I-140 has been denied for A2P and is under appeal; I must confess that I have lost hope that it'll get re-opened and approved.
So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.
EB3 wait is my only way out now......
thanks
Good point, gene. Folks think that switching to EB-2 is easy enough...not really...esp. with no PP for 140...It can take years to convert in the present situation...and a lot of companies are not interested to file second labor or 140...
Hang in there mate...
So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.
EB3 wait is my only way out now......
thanks
Good point, gene. Folks think that switching to EB-2 is easy enough...not really...esp. with no PP for 140...It can take years to convert in the present situation...and a lot of companies are not interested to file second labor or 140...
Hang in there mate...
more...
GCStatus
09-16 05:12 PM
So why doesn't Bharat give you a GC? Funny. BTW everyone is not from Bharat. :D
Hope you are just joking.
By the way, i didnt realise we have non-indians here too
Hope you are just joking.
By the way, i didnt realise we have non-indians here too
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reddymjm
06-07 06:43 PM
not sure how reliable this info is, take it with a fist full of salt...
on june first nse received abt 740 I485 applications.
I hope it is true. NSC is lazy man. They cannot process more than that a day. if not there will be a retrogression/backlog here in receipts too.:(
on june first nse received abt 740 I485 applications.
I hope it is true. NSC is lazy man. They cannot process more than that a day. if not there will be a retrogression/backlog here in receipts too.:(
more...
pallavan
09-25 10:01 AM
In my own terms, there is only one line defined by the priority date. So you can amuse yourself all you want. Its not gonna change the law.
So "Stay in line" :D
Dream ON ...! No Law is immutable buddy ;)
So "Stay in line" :D
Dream ON ...! No Law is immutable buddy ;)
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soumeeram
11-18 01:36 PM
Thank you for contacting me regarding the DREAM Act, which I strongly support. I value your input on this important matter.
We need a tough, smart and comprehensive approach to fix our broken immigration system. We must begin by securing our borders with investments in personnel, infrastructure and technology. We should require the undocumented in this country to register, pay a fine, learn English, and pass criminal background checks before allowing them the opportunity to become citizens.
Our immigration system is broken, and it cannot be fixed by passing one piece of reform, even a good one like the DREAM Act. We should address immigration as a whole, and that is a primary goal of mine here in the Senate.
As you may know, the DREAM Act, or Development, Relief, and Education for Alien Minors Act of 2009 (S. 729), introduced by Senator Richard Durbin of Illinois, would amend previous legislation to allow states to determine residency for higher education purposes. It also authorizes states to cancel the removal and adjust status of certain alien students who are long-term United States residents who entered the United States as children. However, minor aliens who are eligible must meet the following criteria: entered the United States before his or her 16th birthday and has been present in the United States for at least five years immediately preceding enactment of this Act; is a person of good moral character; is not inadmissible or deportable under specified grounds of the Immigration and Nationality Act; at the time of application, has been admitted to an institution of higher education or has earned a high school or equivalent diploma; from the age of 16 and older, has never been under a final order of exclusion, deportation, or removal; and was under age 35 on the date of this Act's enactment.
Currently, the DREAM Act is under consideration by the Senate Judiciary Committee. While I am not a member of this committee, I will keep your concerns in mind if this issue is brought before the full Senate for consideration.
For more information about my priorities as a U.S. Senator, I invite you to visit my website at Michael Bennet - United States Senator for Colorado : Home (http://bennet.senate.gov/). Again, thank you for contacting me.
Sincerely,
Michael Bennet
United States Senator
We need a tough, smart and comprehensive approach to fix our broken immigration system. We must begin by securing our borders with investments in personnel, infrastructure and technology. We should require the undocumented in this country to register, pay a fine, learn English, and pass criminal background checks before allowing them the opportunity to become citizens.
Our immigration system is broken, and it cannot be fixed by passing one piece of reform, even a good one like the DREAM Act. We should address immigration as a whole, and that is a primary goal of mine here in the Senate.
As you may know, the DREAM Act, or Development, Relief, and Education for Alien Minors Act of 2009 (S. 729), introduced by Senator Richard Durbin of Illinois, would amend previous legislation to allow states to determine residency for higher education purposes. It also authorizes states to cancel the removal and adjust status of certain alien students who are long-term United States residents who entered the United States as children. However, minor aliens who are eligible must meet the following criteria: entered the United States before his or her 16th birthday and has been present in the United States for at least five years immediately preceding enactment of this Act; is a person of good moral character; is not inadmissible or deportable under specified grounds of the Immigration and Nationality Act; at the time of application, has been admitted to an institution of higher education or has earned a high school or equivalent diploma; from the age of 16 and older, has never been under a final order of exclusion, deportation, or removal; and was under age 35 on the date of this Act's enactment.
Currently, the DREAM Act is under consideration by the Senate Judiciary Committee. While I am not a member of this committee, I will keep your concerns in mind if this issue is brought before the full Senate for consideration.
For more information about my priorities as a U.S. Senator, I invite you to visit my website at Michael Bennet - United States Senator for Colorado : Home (http://bennet.senate.gov/). Again, thank you for contacting me.
Sincerely,
Michael Bennet
United States Senator
more...
psaxena
09-10 03:58 PM
Plain and simple question, are you a donor or a volunteer.. if yes.. then you must be aware of
the different initiatives that IV has taken up for EB3, which I guess you are not aware of.
As you don't want to donate or volunteer what makes you think that you can tell IV on what to do and what not to do.. Are you even associated in anyways.
I have never ever seen such a big thankless following of a group. Everyone is in trouble and everyone has problem but cannot donate.
Wanted to write a lot more , but I think its not worth it. I just hope your conscious makes you feel ashamed of this attitude of yours.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
the different initiatives that IV has taken up for EB3, which I guess you are not aware of.
As you don't want to donate or volunteer what makes you think that you can tell IV on what to do and what not to do.. Are you even associated in anyways.
I have never ever seen such a big thankless following of a group. Everyone is in trouble and everyone has problem but cannot donate.
Wanted to write a lot more , but I think its not worth it. I just hope your conscious makes you feel ashamed of this attitude of yours.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
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simple1
05-01 12:00 PM
gc_on_demand ,
I am not anti at all. I am trying to understand the law.
How does a (I485) spouse doesnt have EAD and AP on hand (even if not using it and in H4/L2 etc)?
Wont they have problem when the dates become current and GC is issued to primary.
I am not anti at all. I am trying to understand the law.
How does a (I485) spouse doesnt have EAD and AP on hand (even if not using it and in H4/L2 etc)?
Wont they have problem when the dates become current and GC is issued to primary.
more...
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eb3_nepa
05-02 12:04 PM
Guys until CIR passes soft country limits Remain right? ALso a lot of us who have applied on Eb3 DO have Masters in the US, it's just that our lawyers played it safe and applied in EB3.
Please correct me if i am wrong.
Say the SKIL bill goes thru quicker and much b4 the CIR. Then it is beneficial to all of us right? The Eb1s, Eb2s and Eb3's with a US advanced degrees are exempt from the cap and the eb1 overflow will still go to eb2 and eb2 overflow will go to eb3. That way everyone benefits to some degree.
Please please correct me if i am wrong
Please correct me if i am wrong.
Say the SKIL bill goes thru quicker and much b4 the CIR. Then it is beneficial to all of us right? The Eb1s, Eb2s and Eb3's with a US advanced degrees are exempt from the cap and the eb1 overflow will still go to eb2 and eb2 overflow will go to eb3. That way everyone benefits to some degree.
Please please correct me if i am wrong
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ajju
02-05 07:28 PM
Sorry if this is not about GC or any US immigration processes...i just would like to know if anybody can help me or provide me the procedures to obtain Canadian PR. I already had an assessment done (me and my husband under H1 here in US as Accountants ) and we have I-140 and 485 pending. We are thinking of trying Canada.
I always checked and read this site but this is my first post and your help would be greatly appreciated.
Thanks in advance.
I did it myself about 5 years back (Aug 2002).. Got approved (Jan 2004) and landed for about 3 days (May 2004) and given friend's address for PR card mailing. He mailed it to my US address... But later I decided to give up Canadian PR for personal reasons... But still it was peace of mind for next 3 years... (2 out of 5 years to maintain PR)...
PM me if you've any specific concerns... I'll be glad if I can help...
I always checked and read this site but this is my first post and your help would be greatly appreciated.
Thanks in advance.
I did it myself about 5 years back (Aug 2002).. Got approved (Jan 2004) and landed for about 3 days (May 2004) and given friend's address for PR card mailing. He mailed it to my US address... But later I decided to give up Canadian PR for personal reasons... But still it was peace of mind for next 3 years... (2 out of 5 years to maintain PR)...
PM me if you've any specific concerns... I'll be glad if I can help...
more...
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mundada
07-09 03:45 PM
Hi,
I talked to Washington Post journalist. She asked me about my life in US. Do I regret being in US? What is the problem with current US immigration system? Why send flowers? Which flowers?
Cheers
I talked to Washington Post journalist. She asked me about my life in US. Do I regret being in US? What is the problem with current US immigration system? Why send flowers? Which flowers?
Cheers
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somegchuh
03-10 02:39 AM
A lot of people can give you advice but I think it really comes down to making peace with yourself.
I have been thru the pain of being stuck in LC for over 4 years and I can completely sympathize with you. I know it can be really frustrating. I have been thru swings of optimisim and pessimism in those 4 years. Ultimately this is what I have realized, there is always a price to be paid in life if you want to achieve anything in life. It is upto each one of us to decide if GC is worth the various years of being stuck in same job, wife being stuck on H4 is the right price for GC or am I paying too much. For me personally, I think I am paying a big price but I am like a businessman who has invested so much money and time in his enterprise that he's afraid to drop the venture and start another business. Actually a lot of us fall in this category.
So look at it this way. Write down the price you are paying. Figure out if you still want to put your effort (and how much) in trying to get a GC. If you think its a venture that's not worth the outcome, there's your answer! If you think its worth the outcome but you are afraid you still may not get a GC, work on backup plan i.e. evaluate and apply for immigration to other western countries or evaluate and work on a plan to go back to your home country. Knowing the price and having alternate plans will give you peace of minds. More than anything else don't forget to have fun. A lot of times we get caught up in worrying about what might/might not happen in future and don't enjoy the present! Go out with your wife and have a fancy dinner every now and then ... do something spontaneous... Watch movies, listen to music, go bowling with friends ... whatever takes your mind off the routine!
I see a lot of guys telling everyone who is frustrated saying: Let your wife get her own H1, why don't you buy a house on H1, why don't you have kids? Well, its good to offer suggestions but don't get condescending. Not everyone is fortunate enough to have a stable job that they can buy a house. Not everyone's wife is in IT and can get a desi co. to sponsor H1. Not everyone is at peace mentally enough that they can plan children.
Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
I have been thru the pain of being stuck in LC for over 4 years and I can completely sympathize with you. I know it can be really frustrating. I have been thru swings of optimisim and pessimism in those 4 years. Ultimately this is what I have realized, there is always a price to be paid in life if you want to achieve anything in life. It is upto each one of us to decide if GC is worth the various years of being stuck in same job, wife being stuck on H4 is the right price for GC or am I paying too much. For me personally, I think I am paying a big price but I am like a businessman who has invested so much money and time in his enterprise that he's afraid to drop the venture and start another business. Actually a lot of us fall in this category.
So look at it this way. Write down the price you are paying. Figure out if you still want to put your effort (and how much) in trying to get a GC. If you think its a venture that's not worth the outcome, there's your answer! If you think its worth the outcome but you are afraid you still may not get a GC, work on backup plan i.e. evaluate and apply for immigration to other western countries or evaluate and work on a plan to go back to your home country. Knowing the price and having alternate plans will give you peace of minds. More than anything else don't forget to have fun. A lot of times we get caught up in worrying about what might/might not happen in future and don't enjoy the present! Go out with your wife and have a fancy dinner every now and then ... do something spontaneous... Watch movies, listen to music, go bowling with friends ... whatever takes your mind off the routine!
I see a lot of guys telling everyone who is frustrated saying: Let your wife get her own H1, why don't you buy a house on H1, why don't you have kids? Well, its good to offer suggestions but don't get condescending. Not everyone is fortunate enough to have a stable job that they can buy a house. Not everyone's wife is in IT and can get a desi co. to sponsor H1. Not everyone is at peace mentally enough that they can plan children.
Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
more...
makeup Palm Tree; tree tattoos.
GCforme
01-30 04:57 PM
And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???
:rolleyes::rolleyes:
I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
:rolleyes::rolleyes:
I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
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vbkris77
05-04 08:09 PM
OK Guys, it is not part of INA but part of CFR which is I believe admin decision. But I leave it to IV core to decide.
Below is the link
http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782
TITLE 22 - FOREIGN RELATIONS
CHAPTER I - DEPARTMENT OF STATE
SUBCHAPTER E - VISAS
PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED
subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS
42.32 - Employment - based preference immigrants.
Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as indicated below.
(a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Below is the link
http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782
TITLE 22 - FOREIGN RELATIONS
CHAPTER I - DEPARTMENT OF STATE
SUBCHAPTER E - VISAS
PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED
subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS
42.32 - Employment - based preference immigrants.
Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as indicated below.
(a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
(c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
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wizkid732
08-23 12:02 PM
Hi Guys got a senotors response. Did anyone get a response like this. What does this mean? Appreciate your feedback..
�This case is currently in an extended security review area. I contacted this area and the Officer advised that it cannot be released at this time. The Service is aware that there is a visa available, however, since it is still being reviewed for security issues it cannot be released at this time.�
�This case is currently in an extended security review area. I contacted this area and the Officer advised that it cannot be released at this time. The Service is aware that there is a visa available, however, since it is still being reviewed for security issues it cannot be released at this time.�
ganguteli
01-29 06:37 PM
I think the grace period is 90 days from the date of start of H1B written in the approval notice. After that your H1B is void. But I think you need to inform USCIS that you wish to continue on H4. Otherwise it can create problems on out of status when you apply for green card.
If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.
Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.
So you need to see which scenarios fit in your case and act accordingly.
If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.
Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.
So you need to see which scenarios fit in your case and act accordingly.
PDOCT05
10-08 10:15 AM
I am still waiting?
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