rodnyb
03-03 01:12 PM
http://kpkgs.com/files/The_Employment_Based_Green_Card_Process_and_the_Dr amatic_Negative_Impact_of_Country_Based_Quotas_on_ persons_of_Indian_Origin_Feb_20102.pdf
Anyone knows the background of this recapture? This is the first time I know congress had a law for it in 2000
Solution
The immediate solution is full accountability of all pending applicants for employment based immigrant visas both at USCIS and DOS. Without accurate data, it is difficult to hold the agencies accountable for their actions or inactions.
Another solution is to �recapture� lost visas. Between 1994 and 2006, USCIS underutilized the visa numbers by approving less than the 140,000 employment based applications each year even though USCIS had more than enough applications pending. Due to the statutory calculation method (explained more fully by USCIS and DOS on their websites), USCIS�s failure to timely process a sufficient number of applications resulted in the loss of approximately 349,000 visa numbers that could not be used in future years since the law prevents usage in future years. In 2000, Congress authorized the use of 130,000 these �lost� visa numbers by what has come to be known as the �visa recapture� method. However, approximately 219,000 numbers have not been �recaptured�. The current worldwide pending cases in all employment based categories is approximately 340,000 applicants. A one‐time recapture of the 219,000 unused visa numbers could go a long way to eliminating this backlog and bringing much needed relief to many applicants who currently face the prospect of becoming residents of the United States after they retire.
Anyone knows the background of this recapture? This is the first time I know congress had a law for it in 2000
Solution
The immediate solution is full accountability of all pending applicants for employment based immigrant visas both at USCIS and DOS. Without accurate data, it is difficult to hold the agencies accountable for their actions or inactions.
Another solution is to �recapture� lost visas. Between 1994 and 2006, USCIS underutilized the visa numbers by approving less than the 140,000 employment based applications each year even though USCIS had more than enough applications pending. Due to the statutory calculation method (explained more fully by USCIS and DOS on their websites), USCIS�s failure to timely process a sufficient number of applications resulted in the loss of approximately 349,000 visa numbers that could not be used in future years since the law prevents usage in future years. In 2000, Congress authorized the use of 130,000 these �lost� visa numbers by what has come to be known as the �visa recapture� method. However, approximately 219,000 numbers have not been �recaptured�. The current worldwide pending cases in all employment based categories is approximately 340,000 applicants. A one‐time recapture of the 219,000 unused visa numbers could go a long way to eliminating this backlog and bringing much needed relief to many applicants who currently face the prospect of becoming residents of the United States after they retire.
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gc_chahiye
06-20 08:46 PM
Hello,
I spoke to my lawyer today and she made it very clear that it is ILLEGAL to file more than one I-485 for one applicant (from 2 diff companies). USCIS will immediately ask you to make a choice.
THought I should share this information
yes, thats because when filing I-485 you are 'promising' to join that company when you get your GC. How can you promise that to two companies at the same time.
However could you ask about being primary applicant on one petition and secondary on another (cases where both spouses are working, they can file two AOS and if either spouse decides to stop working for some reason the other application continues, the first can be withdrawn). This one is a grey area. Not illegal, but apparently at some point USCIS will ask you to pick one of the two. In this current mess where some companies/lawyers are promising to file, but may not do so in the end, better to give both choices a good shot, and hope atleast one gets through.
I spoke to my lawyer today and she made it very clear that it is ILLEGAL to file more than one I-485 for one applicant (from 2 diff companies). USCIS will immediately ask you to make a choice.
THought I should share this information
yes, thats because when filing I-485 you are 'promising' to join that company when you get your GC. How can you promise that to two companies at the same time.
However could you ask about being primary applicant on one petition and secondary on another (cases where both spouses are working, they can file two AOS and if either spouse decides to stop working for some reason the other application continues, the first can be withdrawn). This one is a grey area. Not illegal, but apparently at some point USCIS will ask you to pick one of the two. In this current mess where some companies/lawyers are promising to file, but may not do so in the end, better to give both choices a good shot, and hope atleast one gets through.
h1techSlave
03-28 09:48 AM
It is crystal clear that EB3-India is in for a very long ride. :eek:
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apb
09-25 08:35 PM
Do we get a notice to get biometrics done when you apply for EAD renewal?
My wife and I have a EAD renewal RD of June 23, 2008 at NSC. We have not gotten any LUD after that. Anybody knows how long it takes to get the EAD?
Thanks for the help guys..
Hi Samcam,
e-filed on June 8/08 FP notice on Jun/14th and FP on July 8th. No update after that.
Usually u shld get ur FP notice within 3 weeks.
My wife and I have a EAD renewal RD of June 23, 2008 at NSC. We have not gotten any LUD after that. Anybody knows how long it takes to get the EAD?
Thanks for the help guys..
Hi Samcam,
e-filed on June 8/08 FP notice on Jun/14th and FP on July 8th. No update after that.
Usually u shld get ur FP notice within 3 weeks.
more...
anilsal
03-10 04:02 PM
mindful of your language..
I have deleted the offensive post and also those posts that quoted the offensive post.
I have deleted the offensive post and also those posts that quoted the offensive post.
corba
08-09 06:52 PM
My LCA for H1B extn for 6 years is approved on July 15. But still my company lawyer is not ready to file the extn. He keeps on saying that I didn't get the approval notice from DOL, It's certified online only, So without physical approval document, I cannot proceed.
Guys, Since it's certified already, Can he get a LCA detail and print using his account from iCert?
I also checked the online status in iCert (he gave me the case No), the status says certified.
So in this How long DOL took to send the physical copy of LCA?
Since my H1B is expiring October, I need to file extn ASAP. My company lawyer is not helpful ...
Your replies are much appreciated ....
Guys, Since it's certified already, Can he get a LCA detail and print using his account from iCert?
I also checked the online status in iCert (he gave me the case No), the status says certified.
So in this How long DOL took to send the physical copy of LCA?
Since my H1B is expiring October, I need to file extn ASAP. My company lawyer is not helpful ...
Your replies are much appreciated ....
more...
kondur_007
08-11 06:08 PM
Got an RFE to produce employment verification letter from my current employer. Yes, i changed the employer recently but didn't file AC-21.
Do you know how long USCIS takes to update the status online?
Thanks.
G.
I am assuming that your lawyer sent it by some means that can verify that it was delivered.
USCIS usually takes about 7-10 days to update it online. (for example, if your RFE response was delivered to USCIS on Aug 10, expect it to be updated around Aug 17-20).
If you do not see update after 15 days of the delivery of the RFE response, call USCIS customer service so they can track it for you.
Hope this helps.
Good Luck.
Do you know how long USCIS takes to update the status online?
Thanks.
G.
I am assuming that your lawyer sent it by some means that can verify that it was delivered.
USCIS usually takes about 7-10 days to update it online. (for example, if your RFE response was delivered to USCIS on Aug 10, expect it to be updated around Aug 17-20).
If you do not see update after 15 days of the delivery of the RFE response, call USCIS customer service so they can track it for you.
Hope this helps.
Good Luck.
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beautifulMind
11-02 08:58 PM
the Company is given guidelines by the lawyer and USCIS and they need to follow those guildeline. I am not interfering. I just want to know if what they did would satisfy the requirements of the PERM recrutiment process. Not sure why you gave me a red dot for this. The AD was posted by HR and I work for a very big university. All i wanted to know if it satisfy PERM requirments...
more...
mvk80
07-27 09:35 PM
Hi folks,
I am on H1B visa currently, set to expire in two months from now (end of September). I need to get my H1B renewed for the next 3 yrs. Due to unavoidable reasons my lawyer has not been able to file for the renewal yet.
My questions are -
1. Do I need to have the approval notice before my expiration date?
Not necessary. It is enough that you file your H1-B renewal before expiration date. i.e. your H-1B renewal receipt date should be before your expiration date.
2. I plan to travel internationally in November. Would the receipt notice be acceptable to reenter? Or do I need the approval notice?
No, you cannot travel if your H-1B renewal is pending. You can only travel after you are approved. So, if you plan to travel and come back before your present H-1B expiry, you should not apply for renewal until you come back.
Any suggestions are most welcome. Thanks in advance.
DISCLAIMER: Do not take this as legal advice. Please consult your attorney.
I am on H1B visa currently, set to expire in two months from now (end of September). I need to get my H1B renewed for the next 3 yrs. Due to unavoidable reasons my lawyer has not been able to file for the renewal yet.
My questions are -
1. Do I need to have the approval notice before my expiration date?
Not necessary. It is enough that you file your H1-B renewal before expiration date. i.e. your H-1B renewal receipt date should be before your expiration date.
2. I plan to travel internationally in November. Would the receipt notice be acceptable to reenter? Or do I need the approval notice?
No, you cannot travel if your H-1B renewal is pending. You can only travel after you are approved. So, if you plan to travel and come back before your present H-1B expiry, you should not apply for renewal until you come back.
Any suggestions are most welcome. Thanks in advance.
DISCLAIMER: Do not take this as legal advice. Please consult your attorney.
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kondur_007
08-11 09:49 PM
Hello,
I am going to Chennai for my visa stamping and the consulate website says that I need to present the " complete I-129 petition submitted by your prospective employer including the Labor Condition Application " during the interview. Can any one tell me if the photocopy of those documents will do or do I really need to carry the originals (which I don't have)?
Thanks
Manoj
You will not have originals as they are with USCIS :D:D
Just carry copies; they rarely if ever ask for those any way.
Good Luck.
I am going to Chennai for my visa stamping and the consulate website says that I need to present the " complete I-129 petition submitted by your prospective employer including the Labor Condition Application " during the interview. Can any one tell me if the photocopy of those documents will do or do I really need to carry the originals (which I don't have)?
Thanks
Manoj
You will not have originals as they are with USCIS :D:D
Just carry copies; they rarely if ever ask for those any way.
Good Luck.
more...
baba84
04-28 12:38 PM
Lucky guy!
When was your PD date? Just curious
When was your PD date? Just curious
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reddy99999
05-04 03:06 PM
Hi,
My Company recently started Perm process and posted ads in newspaper and jobsites. We have recieved couple of resumes. One of the resume meets almost all requirements, but doesn't have enough experiance in one skill set and also doesn't have required Bachelors Degree
Do we need to do interview candidates before rejecting?
Thanks..
My Company recently started Perm process and posted ads in newspaper and jobsites. We have recieved couple of resumes. One of the resume meets almost all requirements, but doesn't have enough experiance in one skill set and also doesn't have required Bachelors Degree
Do we need to do interview candidates before rejecting?
Thanks..
more...
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dreamgc_real
04-28 09:35 AM
Hello,
My original H1B visa was issued to me on Oct 1st, 2010 and is valid till Sep 30th 2010.
I got a new job in 2009 and they applied for my H1 transfer. It was approved and the new dates on the new I797 are 10/01/2009 till 09/17/2012. I went to India after that and when I returned, I got a new I-94 off course which was stamped to be valid until Sep 30th 2010.
Now I am nearing the end of my original H1B visa issued by my previous employer and stamped on my passport this coming October. I am also planning to go to India in this coming June. Will I will have to get my visa renewal stamping done this time if I go to India? Will I need a new H1B stamp on my passport from my new employer on my passport to come back?
I really appreciate any words of wisdom from all you learned people on this forum. Thanks in advance!
-Jatin
You probably have to get your passport stamped for visa renewal.
My original H1B visa was issued to me on Oct 1st, 2010 and is valid till Sep 30th 2010.
I got a new job in 2009 and they applied for my H1 transfer. It was approved and the new dates on the new I797 are 10/01/2009 till 09/17/2012. I went to India after that and when I returned, I got a new I-94 off course which was stamped to be valid until Sep 30th 2010.
Now I am nearing the end of my original H1B visa issued by my previous employer and stamped on my passport this coming October. I am also planning to go to India in this coming June. Will I will have to get my visa renewal stamping done this time if I go to India? Will I need a new H1B stamp on my passport from my new employer on my passport to come back?
I really appreciate any words of wisdom from all you learned people on this forum. Thanks in advance!
-Jatin
You probably have to get your passport stamped for visa renewal.
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fall2004us
09-30 05:35 PM
Better not, US does exactly the opposite to what someone asks her :D
I think India must ask US to send back all the skilled H1b holders exactly after 6 years and not issue GC. Then you would be surprised to see heck of a lot approvals !!!!
lol :D
I think India must ask US to send back all the skilled H1b holders exactly after 6 years and not issue GC. Then you would be surprised to see heck of a lot approvals !!!!
lol :D
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samswas
06-13 03:31 PM
Even if it is after I-485 1 year pending, I should get it for 2 years, because my I-485 filing date is July 2nd!
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feedfront
08-14 03:19 PM
For my canada trip (by car), CBP-Us just checked my H1-B approval (passport had old exprired visa) and they let me in.
I think it's true only for entry by road.
I think it's true only for entry by road.
more...
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Becks
03-16 07:41 PM
Your education evaluation is valid for a long period(not sure how long). I applied for my first H1 in 2000 and got education evaluation that time. Stamping didnot work out for me that time.
I applied for new H1 in 2003 and submitted same education evaluation that I got in 2000. I entered US and used same edu eval for transferring H1. I did not have any issues.
So you are fine. I dont know if this applies to all cases.
I applied for new H1 in 2003 and submitted same education evaluation that I got in 2000. I entered US and used same edu eval for transferring H1. I did not have any issues.
So you are fine. I dont know if this applies to all cases.
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Lisap
08-25 12:03 PM
Thank you- I am still trying to figure out what all the terms are.... I appreciate your response!
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nixstor
06-14 01:11 PM
I am interested as well. We can control our own destiny. What kind of issues can one get in RFE's for 485 that we wont be able to answer and the lawyer will? We need a copy of the Labor and 140. Don't we? We can file for AP & EAD now along with 485 or use the receipt number to file for AP & EAD later.
senthil1
03-02 05:19 PM
If you spend more than 1 year and if you do not have approved I140 then you will be subject to H1b quota. I am not sure about it but I heard about this
Hi,
My H1B Visa expires in Aug 2009 (it was after first extension, till date i have already consumed 3 years 6 months in US). I have following questions,
1. After filing the extension next month, Can I leave to India immediately after getting the receiept (before approval). I might plan to come back to US after a year or so! I will be working at offshore for the same company.
2. If i leave a gap of 365 days, would i regain full 6 years after my re-entry in USA with the existing Visa itself?
I am very sorry if this is a repeated question, i did spend ample time investigating this query and then decided to post this in a thread.
Thanks,
Vibav
Hi,
My H1B Visa expires in Aug 2009 (it was after first extension, till date i have already consumed 3 years 6 months in US). I have following questions,
1. After filing the extension next month, Can I leave to India immediately after getting the receiept (before approval). I might plan to come back to US after a year or so! I will be working at offshore for the same company.
2. If i leave a gap of 365 days, would i regain full 6 years after my re-entry in USA with the existing Visa itself?
I am very sorry if this is a repeated question, i did spend ample time investigating this query and then decided to post this in a thread.
Thanks,
Vibav
cox
June 14th, 2005, 06:17 PM
The lizard is well exposed, but the composition bothers me some. Feels out of balance to the left because of the cactus. The flower & lily pads are very nice, but I really like the butterfly. Good subject isolation and vibrant color.
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