she81
01-23 08:25 PM
"Twenty years from now, you will be more disappointed by the things that you didn't do than by the ones you did do.
So throw off the bowlines. Sail away from the safe harbor.
Catch the trade winds in your sails. Explore. Dream. Discover."
- Mark Twain
Nice adage. :)
So throw off the bowlines. Sail away from the safe harbor.
Catch the trade winds in your sails. Explore. Dream. Discover."
- Mark Twain
Nice adage. :)
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rani77
02-06 12:03 PM
Hi Friends - I work at a university and have been with them for 4 years. My boss plans on giving my a 10-12% mid-year pay increase. But our HR says that H1 workers are not eligible for mid-year pay hikes..?? IS THAT TRUE.?
Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.
Can somebody please help!
Thanks in advace.!
What your HR seems to suggest it is not logical,USCIS erstwhile INS do not dicate HR polices.This seems more like your univertisty's supposed HR policy or HR peron not literate about the immgration rules and regulation. As many have suggested i have not come across any instance what you mentioned. My spouse is on h1 with a very big company and he has been getting hikes every year in acceptable ranges what was menioned in his offer letter. Some are in mid year based on performance of the tasks he carried out succesfully.
Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.
Can somebody please help!
Thanks in advace.!
What your HR seems to suggest it is not logical,USCIS erstwhile INS do not dicate HR polices.This seems more like your univertisty's supposed HR policy or HR peron not literate about the immgration rules and regulation. As many have suggested i have not come across any instance what you mentioned. My spouse is on h1 with a very big company and he has been getting hikes every year in acceptable ranges what was menioned in his offer letter. Some are in mid year based on performance of the tasks he carried out succesfully.
indio0617
07-20 10:43 AM
I got a brilliant idea guys, I am sure it is not new but it looks now is the right time to pursue it.
Apparently it would be very difficult to fight FBI namechek delays. After USCIS was swamped with a pile of cases due to visa retrogression fiasco the processing times most probably will increase significantly. The visa retrogression is going to be reinstated.
Also there is a great injustice to those who had to go through the BEC black hole.
I think everybody agrees that the current green card process is a lottery where winners get everything in a couple of months and losers wait sometimes 10 years. (Yes I know such cases).
So how to fix all this in a way that it would not affect negatively anybody?
The answer might be very simple: Count the time spent waiting in the administration created lines towards citizenship. In other words the 5 year count starts not when one get the green card but from one�s priority date. After all it is not the immigrant's fault that he has the same name as someone who saw a suspicious person on the plane and was questioned by FBI as a witness.
This would PARTIALLY restore justice without punishing anybody.
USCIS will be happy as it would take off some pressure from their delays.
Legislators are happy as more people will be able to vote for them.
Immigration lawyers are happy as the measure would not take away their revenue, in fact it may even increase it.
All those who say in numerous interviews on TV �.. we are a nation of immigrants and we support LEGAL immigration but we do not want amnesty�� are happy or would have to admit that they are happy to save the face.
The current losers in immigration process would automatically catch up (almost) with the luckiest ones.
Immigrationvoice will be happy as I am sure many current waiters and even those who already got their green cards would contribute to support the measure.
Anti immigrants are NOT UNHAPPY since the measure does not increase the number of immigrants.
Employers are NOT UNHAPPY since the measure does not affect them in any way.
If immigrationvoice has desire and resources to suggest and support a measure to the legislature it better concentrate on this rather that on something like �� make FBI report namecheck results to the applicants..�.
Of course it would require changes to the current legislature but I cannot imagine that somebody would come out with a sensible reason against it.
sbdol:
IV core has thought about this specific proposal before and it is already on our radar. Thanks for suggesting though.
Apparently it would be very difficult to fight FBI namechek delays. After USCIS was swamped with a pile of cases due to visa retrogression fiasco the processing times most probably will increase significantly. The visa retrogression is going to be reinstated.
Also there is a great injustice to those who had to go through the BEC black hole.
I think everybody agrees that the current green card process is a lottery where winners get everything in a couple of months and losers wait sometimes 10 years. (Yes I know such cases).
So how to fix all this in a way that it would not affect negatively anybody?
The answer might be very simple: Count the time spent waiting in the administration created lines towards citizenship. In other words the 5 year count starts not when one get the green card but from one�s priority date. After all it is not the immigrant's fault that he has the same name as someone who saw a suspicious person on the plane and was questioned by FBI as a witness.
This would PARTIALLY restore justice without punishing anybody.
USCIS will be happy as it would take off some pressure from their delays.
Legislators are happy as more people will be able to vote for them.
Immigration lawyers are happy as the measure would not take away their revenue, in fact it may even increase it.
All those who say in numerous interviews on TV �.. we are a nation of immigrants and we support LEGAL immigration but we do not want amnesty�� are happy or would have to admit that they are happy to save the face.
The current losers in immigration process would automatically catch up (almost) with the luckiest ones.
Immigrationvoice will be happy as I am sure many current waiters and even those who already got their green cards would contribute to support the measure.
Anti immigrants are NOT UNHAPPY since the measure does not increase the number of immigrants.
Employers are NOT UNHAPPY since the measure does not affect them in any way.
If immigrationvoice has desire and resources to suggest and support a measure to the legislature it better concentrate on this rather that on something like �� make FBI report namecheck results to the applicants..�.
Of course it would require changes to the current legislature but I cannot imagine that somebody would come out with a sensible reason against it.
sbdol:
IV core has thought about this specific proposal before and it is already on our radar. Thanks for suggesting though.
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andy garcia
01-03 03:04 PM
Does it mean that the full case will be covered in 15 days or till the query is send if any... Hope i am being clear..
What my concern is after the query is send and replied, still the 15 day limit stays or it loses that and goes back to the normal processing.
Thankyou
PPS provides faster processing of certain EB petitions and applications. Specifically, USCIS provides 15 calendar day processing to those who choose to use this service or USCIS will refund the PP fee and the relating case will continue to receive faster processing.
The processing period that is used to determine whether or not USCIS meets the 15 calendar day period will begin when the current version of Form I-907, Request for PPS, is received by USCIS at the correct filing address noted on the form. Within the 15 day calendar period USCIS will issue an approval notice, or a NOID, a RFE or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the RFE or NOID.
The information above is from the CIS page:
How Do I Use the Premium Processing Service?
What my concern is after the query is send and replied, still the 15 day limit stays or it loses that and goes back to the normal processing.
Thankyou
PPS provides faster processing of certain EB petitions and applications. Specifically, USCIS provides 15 calendar day processing to those who choose to use this service or USCIS will refund the PP fee and the relating case will continue to receive faster processing.
The processing period that is used to determine whether or not USCIS meets the 15 calendar day period will begin when the current version of Form I-907, Request for PPS, is received by USCIS at the correct filing address noted on the form. Within the 15 day calendar period USCIS will issue an approval notice, or a NOID, a RFE or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the RFE or NOID.
The information above is from the CIS page:
How Do I Use the Premium Processing Service?
more...
surabhi
05-28 10:23 AM
It should be from the date of approval, but USCIS seem to optimizing the process to make it valid from previous EAD expiry date
see page 2 in the following link
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf
relevant text is reproduced here
Second, the Ombudsman recommended that USCIS issue Employment Authorization
Documents valid as of the date any previoua EAD expires.
USCIS processes a large number of applications for EAbs through a highly productive automated batch processing system, which has significantly decreased EAD processing times and allowed for resources to be devoted to other adjudication tasks, thereby resulting in improved customer service. At present, the validity period on these batch processed EADs begins on the date that the application is approved, not the date that a previous EAD expired.
Abandoning automated batch processing would require USCIS to divert immense resources fromm adjustment applications to the adjudication of interim benefits (i.e., EAD applicati~ns). Although some customers would benefit fiom receiving an EAD that is valid fiom the date their current EAD expires rather than the date their EAD applications are approved, the overall result would be quite negative since it would divert adjudicative resources to interim benefit processing.
Not only would USCIS and its customers be iil-served by such a change in the process, but such a change would run contrary to the Ombudsman's recommendation that USCIS davate more resources to upiiont processing of adjustment applications and less to the processing of interim benefits. USCIS does agree with the Ombudsman that when a customer files a timely renewal application for an EAD, it would be preferable to synchronize the validity dates of new and expiring EADs. USCIS believes that improved productivity through technology and automation is the future of immigration benefit adjudication, and that the batch process is an important step in that direction.
Accordingly, USCIS is assessing the possibilities of integrating synchronization of EAD validity dates into the present batch system. USCIS will keep the Ombudsman apprised of any significant
progress on this front.
see page 2 in the following link
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf
relevant text is reproduced here
Second, the Ombudsman recommended that USCIS issue Employment Authorization
Documents valid as of the date any previoua EAD expires.
USCIS processes a large number of applications for EAbs through a highly productive automated batch processing system, which has significantly decreased EAD processing times and allowed for resources to be devoted to other adjudication tasks, thereby resulting in improved customer service. At present, the validity period on these batch processed EADs begins on the date that the application is approved, not the date that a previous EAD expired.
Abandoning automated batch processing would require USCIS to divert immense resources fromm adjustment applications to the adjudication of interim benefits (i.e., EAD applicati~ns). Although some customers would benefit fiom receiving an EAD that is valid fiom the date their current EAD expires rather than the date their EAD applications are approved, the overall result would be quite negative since it would divert adjudicative resources to interim benefit processing.
Not only would USCIS and its customers be iil-served by such a change in the process, but such a change would run contrary to the Ombudsman's recommendation that USCIS davate more resources to upiiont processing of adjustment applications and less to the processing of interim benefits. USCIS does agree with the Ombudsman that when a customer files a timely renewal application for an EAD, it would be preferable to synchronize the validity dates of new and expiring EADs. USCIS believes that improved productivity through technology and automation is the future of immigration benefit adjudication, and that the batch process is an important step in that direction.
Accordingly, USCIS is assessing the possibilities of integrating synchronization of EAD validity dates into the present batch system. USCIS will keep the Ombudsman apprised of any significant
progress on this front.
Escape_Velocity
04-10 12:48 PM
GC Struggle, I am not sure about your comments on "reactivated by filing an amendment with USCIS" to get back to H1B status after being employed with EAD. As per my understanding once you had utlized EAD then if one wants to go back to H1B then it is like a NEW H1B petition and NOT just claiming your old H1B. If possible could you pls provide a link to official document stating the approach suggested in your post.
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newon
07-21 11:52 PM
Thank you all for your replies !!!!
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alkg
10-25 07:22 PM
Mine 485,131,765 receipt nos# also starting with SRC08008XXXXX and it's not showing online status.
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qplearn
10-02 03:06 PM
Hi All
Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question
Q1. What happens to my GC process?
Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.
Q2. What are the things I can do proactively.
I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...
I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.
After your I-140 is approved, according to my lawyer, the PD is yours to keep. Even if they withdraw your I-140, you get to keep your PD.
I talked to my lawyer in the morning today, and this is precisely what he told me.
Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question
Q1. What happens to my GC process?
Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.
Q2. What are the things I can do proactively.
I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...
I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.
After your I-140 is approved, according to my lawyer, the PD is yours to keep. Even if they withdraw your I-140, you get to keep your PD.
I talked to my lawyer in the morning today, and this is precisely what he told me.
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gc_chahiye
08-26 12:55 PM
Hi everyone:
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
you can get a one year H1 extension based on your LC being more than an year old. Just include the copy of your approved LC in the H1B extension request.
If your I-140 is denied, the current USCIS position is that your H1 extension would remain valid for the period it was granted for, giving to time to file another LC. The 485 is automatically gone at the point where your I-140 is denied.
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
you can get a one year H1 extension based on your LC being more than an year old. Just include the copy of your approved LC in the H1B extension request.
If your I-140 is denied, the current USCIS position is that your H1 extension would remain valid for the period it was granted for, giving to time to file another LC. The 485 is automatically gone at the point where your I-140 is denied.
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phillyag
07-18 03:07 PM
1. Can we use AC21 provision without EAD card ?
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
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Jaime
09-06 06:51 PM
Lou Dobbs is criticizing against the STRIVE act and saying that doubling the Employment based immigration will flood the market and will effect the middle class in america.Guys, this is another great reason of why to change your mind and ATTEND THE RALLY! Let's force CNN to put us on their screens and laugh in Lou Dobbs' face! We can at least reply to his lies in a forceful yet peaceful and educated way (something he isn't!)
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srikondoji
06-18 08:44 AM
Lou Dobbs exposed...:rolleyes:
Lou Dobs is referred to as a right-wing populist demagogue. Atlast some one has the courage to speak out the truth.
http://www.wsws.org/articles/2006/jun2006/immi-j16.shtml
He is known for bashing outsourcing and always made up statistics how outsourcing was not cost effective.
He has also compared how a job of one person is done by 10 people in Asian countries but cared less to inform the general public that cost of labor for 10 is less than that of one person here in united states.
--sri
Lou Dobs is referred to as a right-wing populist demagogue. Atlast some one has the courage to speak out the truth.
http://www.wsws.org/articles/2006/jun2006/immi-j16.shtml
He is known for bashing outsourcing and always made up statistics how outsourcing was not cost effective.
He has also compared how a job of one person is done by 10 people in Asian countries but cared less to inform the general public that cost of labor for 10 is less than that of one person here in united states.
--sri
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axp817
05-15 08:27 PM
The way things are looking right now, you will probably get US citizenship before Eb2 Feb'06 becomes current.
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MatsP
March 15th, 2006, 04:04 AM
Nik gives some good advice.
If you still want to continue shooting during the darker part of the show (and don't want to "fix" they eyes of every animal shot), you'll have to find a better way to light things - this means not using a direct strobe from the camera to the animal (or cowboy), as this is what causes the red/white eyes - light reflecting straight back from the eye to the camera.
The simple way to solve this is to get an off-camera hotshoe for the flash, and place it at 30-45 degree angle away from where you're shooting in relaton to the subject. To get the best results, you'll probably want to have TWO flashes, both at an angle from the subject.
You still won't get "all" great shots, but they will be noticably better than the current setup.
The next step further would be to use proper studio strobes (two or three). Of course, you can no longer just walk into the arena with your camera at this point, but you probably need permission to put up some 6-8 foot tall stands with the strobe on it, and find some power sockets to connect the strobe power unit to, etc, etc... This is similar to how I understand that Kevin Sadler does his job - and horse-shows and that sort of thing is his business... He may well be around to give more advice at some point.
--
Mats
If you still want to continue shooting during the darker part of the show (and don't want to "fix" they eyes of every animal shot), you'll have to find a better way to light things - this means not using a direct strobe from the camera to the animal (or cowboy), as this is what causes the red/white eyes - light reflecting straight back from the eye to the camera.
The simple way to solve this is to get an off-camera hotshoe for the flash, and place it at 30-45 degree angle away from where you're shooting in relaton to the subject. To get the best results, you'll probably want to have TWO flashes, both at an angle from the subject.
You still won't get "all" great shots, but they will be noticably better than the current setup.
The next step further would be to use proper studio strobes (two or three). Of course, you can no longer just walk into the arena with your camera at this point, but you probably need permission to put up some 6-8 foot tall stands with the strobe on it, and find some power sockets to connect the strobe power unit to, etc, etc... This is similar to how I understand that Kevin Sadler does his job - and horse-shows and that sort of thing is his business... He may well be around to give more advice at some point.
--
Mats
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rorypirrie
02-24 10:24 AM
Now that you have all your documentation, the biggest hurdle would appear to be that you didn't mention the DUI earlier. I would possibly go ahead and contact an immigration lawyer but i'm sure this is an issue which can be resolved without affecting your application.
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quizzer
08-10 12:48 PM
I have been given Form 221(g) after my interview and asked for some documents to be delivered. To my astonishment, my petitioner has denied to send me those documents as they say that they don't have those.
In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
Please advise me urgently on this matter
:(
Is it new H1b or transfer?
Thanks
In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
Please advise me urgently on this matter
:(
Is it new H1b or transfer?
Thanks
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ajay
12-24 11:38 AM
I have not informed uscis about the change although I updated my address in their website. As regards AC 21, if I am ready to file it my current employer said they will be ready to support it but I haven't started that process yet.
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iad2ead
07-19 07:12 AM
Me too in same situation.. thx for sharing the exp.. Do you think the list of mandatory documents are sufficient ? I'm carrying last yrs tax returns, 5 months pay stubs, last 3yrs W-2 in addition to the mandatory documents. Anything else?
thanks
Iad
:mad:
Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
thanks
Iad
:mad:
Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
dingudi
03-05 12:03 PM
Yep..not to worry..just go there on the date of appt..they'll just ask you to come back when the finger heals...I cut my finger...officer made a notation on my form and asked me to come when it heals..I went after a month and got it done
DO they tell you to reschedule the appointment or just ask you to come with FP notice by doing walk-in after it heals. Also do they put a note in their system that you could not give the FP because of so and so reason. Also anyone knows what Boston ASC does , whether they permit walk-ins during the week.
You said you went after a month, so I assume that they must have noted that you did appear for the FP but could not do it.
Sorry if I am sounding a little desperate but I just want to get this over with the right way without any hassles.
DO they tell you to reschedule the appointment or just ask you to come with FP notice by doing walk-in after it heals. Also do they put a note in their system that you could not give the FP because of so and so reason. Also anyone knows what Boston ASC does , whether they permit walk-ins during the week.
You said you went after a month, so I assume that they must have noted that you did appear for the FP but could not do it.
Sorry if I am sounding a little desperate but I just want to get this over with the right way without any hassles.
ultimate_champ
11-29 03:24 PM
Agreed to the points above.
However my new offer is also with the same employer, just different team and location. The HR, Immigration Dept, lawyers etc are all the same.
Im not changing my company - but just the team & location.
However my new offer is also with the same employer, just different team and location. The HR, Immigration Dept, lawyers etc are all the same.
Im not changing my company - but just the team & location.
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