yabadaba
04-22 02:26 PM
This is ONLY EB2- India Priority dates from prior visa bulletins. Just FYI - no guesses no assumptions.
Jan-05 C
Feb-05 C
Mar-05 C
Apr-05 1-Apr-02
May-05 C
Jun-05 C
Jul-05 C
Aug-05 C
Sep-05 C
Oct-05 1-Nov-99
Nov-05 1-Nov-99
Dec-05 1-Jul-00
Jan-06 1-Jan-01
Feb-06 1-Aug-01
Mar-06 1-Jan-02
Apr-06 1-Jul-02
May-06 1-Jan-03
Jun-06 1-Jan-03
Jul-06 1-Jan-03
Aug-06 U
Sep-06 U
Oct-06 15-Jun-02
Nov-06 1-Jan-03
Dec-06 8-Jan-03
Jan-07 8-Jan-03
Feb-07 8-Jan-03
Mar-07 8-Jan-03
Apr-07 8-Jan-03
May-07 8-Jan-03
Jun-07 1-Apr-04
Jul-07 C
Aug-07 U
Sep-07 1-Apr-04
Oct-07 1-Apr-04
Nov-07 1-Apr-04
Dec-07 1-Jan-02
Jan-08 1-Jan-00
Feb-08 U
Mar-08 U
Apr-08 1-Dec-03
May-08 1-Jan-04
Jan-05 C
Feb-05 C
Mar-05 C
Apr-05 1-Apr-02
May-05 C
Jun-05 C
Jul-05 C
Aug-05 C
Sep-05 C
Oct-05 1-Nov-99
Nov-05 1-Nov-99
Dec-05 1-Jul-00
Jan-06 1-Jan-01
Feb-06 1-Aug-01
Mar-06 1-Jan-02
Apr-06 1-Jul-02
May-06 1-Jan-03
Jun-06 1-Jan-03
Jul-06 1-Jan-03
Aug-06 U
Sep-06 U
Oct-06 15-Jun-02
Nov-06 1-Jan-03
Dec-06 8-Jan-03
Jan-07 8-Jan-03
Feb-07 8-Jan-03
Mar-07 8-Jan-03
Apr-07 8-Jan-03
May-07 8-Jan-03
Jun-07 1-Apr-04
Jul-07 C
Aug-07 U
Sep-07 1-Apr-04
Oct-07 1-Apr-04
Nov-07 1-Apr-04
Dec-07 1-Jan-02
Jan-08 1-Jan-00
Feb-08 U
Mar-08 U
Apr-08 1-Dec-03
May-08 1-Jan-04
GreenCard4US
03-20 04:57 PM
http://www.hindu.com/thehindu/holnus/000200903210312.htm
Saturday, March 21, 2009
Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.
The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.
These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.
"Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.
All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.
"USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.
This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.
Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.
USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.
While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.
At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.
USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.
The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.
However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
Saturday, March 21, 2009
Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.
The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.
These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.
"Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.
All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.
"USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.
This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.
Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.
USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.
While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.
At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.
USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.
The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.
However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
Carlau
01-10 10:39 PM
This Talent Bill: will it be presented, when, what is the status? This is another way, among great benefits for all, for us H-4s to work.
priderock
05-15 01:28 PM
Hi, Guys:
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.
When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.
Talk to an Attorney when in doubt.
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.
When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.
Talk to an Attorney when in doubt.
more...
ashkam
07-26 11:11 AM
According to my attorney, it will be an amendment to the existing I-140.
drona
07-09 08:43 PM
Wish I could go but I am in California. I hope DC members respond to this. Is it too late to suggest that IV Core members use some of the funds to go to this event. It will be worth it. We could start contributing to this right away. Just a thought.
more...
abhi2001
02-24 02:54 PM
Thanks Jerrome for the quick reply.
Company B can file an H1 for me but since I have already spent 5 years in USA I just have about an year left out of the total 6 years. So that's an issue.
Also some more info - when I came to USA I was on an H1B which expired in Mar2008 and I filed a COS to L1A. So to my knowledge company B can revoke my L1A and I can go back to H1B without going through the 2009 quota and waiting till Oct2009. And in this way join company B. Is my understanding correct? But in this case my L2-EAD spouse will loose her job.
Company B can file an H1 for me but since I have already spent 5 years in USA I just have about an year left out of the total 6 years. So that's an issue.
Also some more info - when I came to USA I was on an H1B which expired in Mar2008 and I filed a COS to L1A. So to my knowledge company B can revoke my L1A and I can go back to H1B without going through the 2009 quota and waiting till Oct2009. And in this way join company B. Is my understanding correct? But in this case my L2-EAD spouse will loose her job.
pvpb
11-11 10:00 AM
Hi,
I got FP notices yesterday (11/10/07)
Application reached NSC 08/03/07
transferred to VSC and 485 to TSC
EAD cards received
I got FP notices yesterday (11/10/07)
Application reached NSC 08/03/07
transferred to VSC and 485 to TSC
EAD cards received
more...
VSS2007
05-27 06:29 PM
I also paper filed EAD on 05/13/2008, Cheques cashed very next day and also received receipt notice by mail on 05/16/2008. So far no FP notices. I also read somewhere in the forum saying no FP's when paper file.
Thanks
ram
Thanks
ram
ksrk
01-07 08:37 AM
Hi,
I and my wife got AP's issued on Feb 4th 2008 with Validity till Feb 03 2008. We went to India and I returned on March 23rd and my Wife on April 20th, so at the port of entry we entered thru AP. On I-94 and AP officer stamped "Paroled till March 22 2009" for me and "Paroled till April 19th 2009" to my wife.
Now my question is: my wife wants to visit India soon in Feb 1st week and return before April 1st week, does she need to apply for a new AP or can she use the existing AP at the POE? Would there be any issues? Please suggest.
Also, In case if she stays for long, can I apply for a new AP for her when she is in India?
Thanks in Advance.
AJ
Think of AP as a visa (like the H1B) - it is only a document that allows you to "apply" for permission to the US at the POE. The date that your wife returns, the AP should be valid. If her return is in April, her current AP would have expired and she won't be able to use that document to the enter the US.
And the applicant needs to be in the US when the AP extension is filed. If that is the document your wife is relying on to return to the US (meaning she doesn't have a valid H or L visa stamp in her passport) she needs to get that in hand BEFORE she leaves for India - hence the term "Advance" Parole.
Now, if she has an H or L visa in her passport that is valid beyond her return date, then she won't have any trouble returning to the US.
murthy.com has a good article on this exact point this week...check that out too for further clarification.
I and my wife got AP's issued on Feb 4th 2008 with Validity till Feb 03 2008. We went to India and I returned on March 23rd and my Wife on April 20th, so at the port of entry we entered thru AP. On I-94 and AP officer stamped "Paroled till March 22 2009" for me and "Paroled till April 19th 2009" to my wife.
Now my question is: my wife wants to visit India soon in Feb 1st week and return before April 1st week, does she need to apply for a new AP or can she use the existing AP at the POE? Would there be any issues? Please suggest.
Also, In case if she stays for long, can I apply for a new AP for her when she is in India?
Thanks in Advance.
AJ
Think of AP as a visa (like the H1B) - it is only a document that allows you to "apply" for permission to the US at the POE. The date that your wife returns, the AP should be valid. If her return is in April, her current AP would have expired and she won't be able to use that document to the enter the US.
And the applicant needs to be in the US when the AP extension is filed. If that is the document your wife is relying on to return to the US (meaning she doesn't have a valid H or L visa stamp in her passport) she needs to get that in hand BEFORE she leaves for India - hence the term "Advance" Parole.
Now, if she has an H or L visa in her passport that is valid beyond her return date, then she won't have any trouble returning to the US.
murthy.com has a good article on this exact point this week...check that out too for further clarification.
more...
gtg506p
03-09 09:56 AM
Thanks. Could you tell me more details if possible through a PM? I applied last year. During that month PD had gone from 2004 to 2003 to 2000 to U and then back to 2003. My PD was March 15 2004. Yes I could have waited for PD to become current and of course I would have preferred EAD for my wife. But you know as well as I do how the PD movement is. There is no way to tell what the PD will be next month. Knowing how these consultancies work we had investigated a lot. We talked to couple of people who had worked for him and they recommended him. They said they haldnt got any trouble from him. So we went ahead. I agree it was a mistake. But anyway whats done is done. Now just looking ahead.
immigration_law
08-24 07:08 PM
My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.
I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.
Can someone recommend a good lawyer to me? Many thanks!
YL
Hi Yingli,
I am sorry you have been stuck in the FBI name check for three long years. The fact that you have a motion to dismiss filed against you is not your lawyers fault. This is the standard operating procedure for all US Attorneys across the country.
The most important thing right now is that your attorney respond to the motion and get it denied. Once this is accomplished, your attorney can shift to offense and win the case for you.
~Justin Fok
I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.
Can someone recommend a good lawyer to me? Many thanks!
YL
Hi Yingli,
I am sorry you have been stuck in the FBI name check for three long years. The fact that you have a motion to dismiss filed against you is not your lawyers fault. This is the standard operating procedure for all US Attorneys across the country.
The most important thing right now is that your attorney respond to the motion and get it denied. Once this is accomplished, your attorney can shift to offense and win the case for you.
~Justin Fok
more...
gcisadawg
09-09 02:57 AM
I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
If you enter thru AP, you would become a parolee. You can use H1B to continue to work for the GC sponsoring employer. After your return, If you file an extension or your H1B is amended or transferred and if that petition is approved, you would re-gain your non-immigrant H1B status.
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
If you enter thru AP, you would become a parolee. You can use H1B to continue to work for the GC sponsoring employer. After your return, If you file an extension or your H1B is amended or transferred and if that petition is approved, you would re-gain your non-immigrant H1B status.
gcboy442
08-26 09:35 AM
clockwork :
Mine is the same case....Did you have LUD on your I-485. Mine was received by J.Barrett on July 2nd and has an LUD on 8/5. Not received the RN yet.
Mine is the same case....Did you have LUD on your I-485. Mine was received by J.Barrett on July 2nd and has an LUD on 8/5. Not received the RN yet.
more...
gg_ny
09-20 05:24 PM
Or try emailing or calling them from here. It helped me a bit.
now days there is 'Returning Workers quota' in VFS and US embassy. visit VFS in person and take advantage of that process.
cheers
now days there is 'Returning Workers quota' in VFS and US embassy. visit VFS in person and take advantage of that process.
cheers
krishna
06-29 09:36 AM
Most west coast technology firms are very aware of the AC21 regulations. I recently talked to the HR of a reputed west coast firm and they told me the procedure for porting. They also let me talk to their law firm which deals with their immigration process. So the answer really depends on the company that you are about to join. It is not a bad idea to get everything clear before making the move.
more...
desi3933
02-10 04:00 PM
Guys --
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Since you are a permanent resident (green card holder) now, H1-B petition must be denied. But, it should not matter.
_______________________
Not a legal advice.
US Citizen of Indian Origin
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Since you are a permanent resident (green card holder) now, H1-B petition must be denied. But, it should not matter.
_______________________
Not a legal advice.
US Citizen of Indian Origin
gg_ny
02-16 10:06 AM
Sorry I was busy doing my work and hence could not immediately answer your questions on hypothetical situations and some wrong conclusions.
FBI check for visa (H1 and L1) is different from what you get when you apply for GC (consular or AOS). While you are patiently (!) waiting for more from the other 257 people to answer you, please check some USCIS documents.
One has to be thankful that these two screenigns are different because there are people stuck for years in this step when they apply for GC.
Like somebody said, good luck!
I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?
FBI check for visa (H1 and L1) is different from what you get when you apply for GC (consular or AOS). While you are patiently (!) waiting for more from the other 257 people to answer you, please check some USCIS documents.
One has to be thankful that these two screenigns are different because there are people stuck for years in this step when they apply for GC.
Like somebody said, good luck!
I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?
pappu
11-21 12:27 PM
Bush just pardoned a Turkey - that Turkey could be a GC Holder very fast !!;) - I understand that it is headed to Baltimore - can the Balitmore chapter use it as a mascot ? !!!
No There is already a backlog of such amnesty turkeys from past years. They are all stuck in name checks.:D:D
No There is already a backlog of such amnesty turkeys from past years. They are all stuck in name checks.:D:D
meridiani.planum
11-12 02:26 PM
6months is to comply with AC21. I donot recall any one saying wait xyz time to switch after you get a GC.
Its indeed a bit of a grey area, though lawyers say stick for 6 more months to be conservative. See:
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
How soon can I leave the employer after I get my GC - ImmigrationPortal Forums (http://forums.immigration.com/blog.php?bt=668)
Its indeed a bit of a grey area, though lawyers say stick for 6 more months to be conservative. See:
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
How soon can I leave the employer after I get my GC - ImmigrationPortal Forums (http://forums.immigration.com/blog.php?bt=668)
roseball
01-30 03:12 PM
I checked online for my daughter's 485 and it shows approved and document(possibly GC):eek: mailed on 12 Jan. But my status shows RFE stage. Another interesting thing is my daughter got fingerprinting for Jan 15. She has already done fingerprinting with us in Dec 07. Even if it was to be approved for my daughter how it can happen that she goes for FP on 15 Jan and they mailed document. I dont know what is going on. Any suggestions?
Since your PD is not current, I would assume the online case status of Document Production could possibly mean a finger printing notice that you received for her. Having said that, for some cases it is not unusual to receive a fingerprinting notice after I-485 approval. In such cases, though I-485 is approved and approval notice is sent, the physical card is not produced until the applicant completes the fingerprinting formalities. In your case, in my view, the online case status just refers to finger printing notice. But who knows, its USCIS and anything is possible.
Since your PD is not current, I would assume the online case status of Document Production could possibly mean a finger printing notice that you received for her. Having said that, for some cases it is not unusual to receive a fingerprinting notice after I-485 approval. In such cases, though I-485 is approved and approval notice is sent, the physical card is not produced until the applicant completes the fingerprinting formalities. In your case, in my view, the online case status just refers to finger printing notice. But who knows, its USCIS and anything is possible.