drirshad
04-18 11:18 PM
http://hammondlawgroup.blogspot.com/
Friday, April 13, 2007
Bills Introduced
There have been two bills introduced which may help our cause and are surely of interest to readers of this Blog.
The first is a re-introduction of the SKIL Bill (S. 1083). The text of the bill has not yet been released to the public. It is expected that this will contain the same retrogression-elimination language that was contained in the 2006 version of the bill. The bill was introduced by Senator Cornyn and cosponsors include Senators Allard (R-CO), Bennett (R-UT), Hutchison (R-TX), and Lott (R-MS). As readers of this blog may be aware, Sen. Hutchison has long been a leader on Schedule A visa reform.
The second bill (S. 1092) seeks to immediately raise the H-1 quota, and was proposed directly as a result of last week�s immediately-reached H-1 visa cap. Sen. Hagel is the sponsor of this bill. The text of this bill is unavailable at this time as well.
Both bills shortly should be available on THOMAS.
UPDATE: As expected the 2007 version of the SKIL Bill contains favorable language.
Friday, April 13, 2007
Bills Introduced
There have been two bills introduced which may help our cause and are surely of interest to readers of this Blog.
The first is a re-introduction of the SKIL Bill (S. 1083). The text of the bill has not yet been released to the public. It is expected that this will contain the same retrogression-elimination language that was contained in the 2006 version of the bill. The bill was introduced by Senator Cornyn and cosponsors include Senators Allard (R-CO), Bennett (R-UT), Hutchison (R-TX), and Lott (R-MS). As readers of this blog may be aware, Sen. Hutchison has long been a leader on Schedule A visa reform.
The second bill (S. 1092) seeks to immediately raise the H-1 quota, and was proposed directly as a result of last week�s immediately-reached H-1 visa cap. Sen. Hagel is the sponsor of this bill. The text of this bill is unavailable at this time as well.
Both bills shortly should be available on THOMAS.
UPDATE: As expected the 2007 version of the SKIL Bill contains favorable language.
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vin13
09-30 10:24 AM
my case is in NSC
perm2gc
12-22 06:08 PM
Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
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gccube
04-21 12:39 PM
I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.
Good luck to everyone.
Good luck to everyone.
more...
rolrblade
07-27 04:44 PM
do they have to attach copy of email with the application?
In my case my application was filed on 2nd July but my attorney asked me to send the email on 3rd July just for records.
you are fine : read this from USCIS website:
Attorneys and accredited representatives filing any petition or immigration benefit application on behalf of petitioners and applicants must sign Form G-28, Notice of Appearance, and include the original with the filing. USCIS will continue accepting original Form G-28 bearing the facsimile signature of the attorney or accredited representative, e.g., a stamped signature, as allowed under the regulations governing the filing of applications and petitions and longstanding operational guidance.
Legal Requirements for the Signature on Petitions and Immigration Benefit Applications
Attorneys and Accredited Representatives: The signature of any attorney or accredited representative who has been granted legal authorization to sign on behalf of the petitioner or the applicant must be in the original.
this means as long as your attorney sent the original G-28 form with their signatures, you are okay. Also the email from you is "legal authorization" to sign.
All across these forums you will read numerous posts where people have not signed anything rather their attorneys have signed. This is very general practice.
In my case my application was filed on 2nd July but my attorney asked me to send the email on 3rd July just for records.
you are fine : read this from USCIS website:
Attorneys and accredited representatives filing any petition or immigration benefit application on behalf of petitioners and applicants must sign Form G-28, Notice of Appearance, and include the original with the filing. USCIS will continue accepting original Form G-28 bearing the facsimile signature of the attorney or accredited representative, e.g., a stamped signature, as allowed under the regulations governing the filing of applications and petitions and longstanding operational guidance.
Legal Requirements for the Signature on Petitions and Immigration Benefit Applications
Attorneys and Accredited Representatives: The signature of any attorney or accredited representative who has been granted legal authorization to sign on behalf of the petitioner or the applicant must be in the original.
this means as long as your attorney sent the original G-28 form with their signatures, you are okay. Also the email from you is "legal authorization" to sign.
All across these forums you will read numerous posts where people have not signed anything rather their attorneys have signed. This is very general practice.
snaidu
06-28 03:46 PM
I checked Rajiv Khanna's site , there is no memo to that effect.
Also , I am a client of their law firm and they didnt send/email any memo to this effect.
Could you please post the link?
Thanks
O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp
Also , I am a client of their law firm and they didnt send/email any memo to this effect.
Could you please post the link?
Thanks
O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp
more...
waitnwatch
07-15 04:27 PM
As far as I know you donot need to file another I485.
Hi Gurus,
1) Is it possible to have 2 different I-485 with 2 different employers at the same time?
I already have an EB3 I-485 pending through my current employer. I have EB2, I-140 approval with future employer,
2) Is it possible to file second EB2 I-485 through my future employer?
3) If file second 485, what will be affect on pending I-485?
Thanks
Hi Gurus,
1) Is it possible to have 2 different I-485 with 2 different employers at the same time?
I already have an EB3 I-485 pending through my current employer. I have EB2, I-140 approval with future employer,
2) Is it possible to file second EB2 I-485 through my future employer?
3) If file second 485, what will be affect on pending I-485?
Thanks
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ganam
10-03 10:02 PM
Does anybody know in what order GC will be issueed ?
Is it based on priority date or just randomly ?
Is it based on priority date or just randomly ?
more...
gsc999
04-19 03:59 PM
[QUOTE=boldm28]Y cant you ask the same question in your home country assuming it is India
you wont get any reply not in 100 years[/QUOTE
---
baldm28: :p
Cz Raju pays taxes in US.
you wont get any reply not in 100 years[/QUOTE
---
baldm28: :p
Cz Raju pays taxes in US.
hair short quotes and sayings about
53885
08-02 04:00 AM
Here is my prediction.
With July Fiasco INS has learnt their lessons.
They have potential to process and approve 40K cases in one month.
Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
I think they might even issue again 40K cases in october ?
Why not ?
So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
I would say dont be surprised if it takes just one month to approve ?????
Guys,
Discussing this topic all day will not get you any closer to getting GC.
Though this has been mentioned many times, I will say that the only thing in your hand right now is to take some ACTIONS.
Make sure Congress members hear your voice.
If you have not already check these threads out http://immigrationvoice.org/forum/showthread.php?t=11428
http://immigrationvoice.org/forum/showthread.php?t=10747
With July Fiasco INS has learnt their lessons.
They have potential to process and approve 40K cases in one month.
Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
I think they might even issue again 40K cases in october ?
Why not ?
So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
I would say dont be surprised if it takes just one month to approve ?????
Guys,
Discussing this topic all day will not get you any closer to getting GC.
Though this has been mentioned many times, I will say that the only thing in your hand right now is to take some ACTIONS.
Make sure Congress members hear your voice.
If you have not already check these threads out http://immigrationvoice.org/forum/showthread.php?t=11428
http://immigrationvoice.org/forum/showthread.php?t=10747
more...
BeCoolGuy
04-13 08:02 AM
Always speak the truth..!!!
Remember, DOL is not depending only on you to find out the truth. The way it works is, if your employer comes under investigation, they'll first try to establish the facts, from DOL LCAs (all for H1Bs, and report fraud to USCIS if necessary). Most likely your name/details came up from LCAs, which are public information. When they ask you, they are trying to find out, the exact degree of exploitation (if any) and whether you willfully participated in it (fraud or exploitation) or not. DOL after all its investigation, establishes, what they callas 'cause of termination' which will allow you as a H1B employee to move out without any issues of that employer.. In addition to H1b individuals, they may also ask Employer for his tax records, payroll info and bank statements, which will establish the truth.
Two, even if you support your employer (for whatever reasons, including fear or immigration), not everybody will, which in turn will anyways trigger proper investigation and the exposure of truth. So why not to convey the fact which will show up anyways.
Three, At your heart you always know, what the truth is. Go with it. Write minimum on paper, if you are not comfortable writing it all. But definately make it a point to write the truth.
Fourth - If DOL is asking you to verify something, fill in WH4 form and submit to them. This will establish you as one of people who blew the whistle. Law protects (even for immigrants) in this case, and your H1b will be intact. THIS WILL SAVE YOUR IMMIGRATION STATUS LIKE NOTHING ELSE CAN...
AND OFCOURSE, START SEARCHING FOR ANOTHER JOB.
Goodluck
Remember, DOL is not depending only on you to find out the truth. The way it works is, if your employer comes under investigation, they'll first try to establish the facts, from DOL LCAs (all for H1Bs, and report fraud to USCIS if necessary). Most likely your name/details came up from LCAs, which are public information. When they ask you, they are trying to find out, the exact degree of exploitation (if any) and whether you willfully participated in it (fraud or exploitation) or not. DOL after all its investigation, establishes, what they callas 'cause of termination' which will allow you as a H1B employee to move out without any issues of that employer.. In addition to H1b individuals, they may also ask Employer for his tax records, payroll info and bank statements, which will establish the truth.
Two, even if you support your employer (for whatever reasons, including fear or immigration), not everybody will, which in turn will anyways trigger proper investigation and the exposure of truth. So why not to convey the fact which will show up anyways.
Three, At your heart you always know, what the truth is. Go with it. Write minimum on paper, if you are not comfortable writing it all. But definately make it a point to write the truth.
Fourth - If DOL is asking you to verify something, fill in WH4 form and submit to them. This will establish you as one of people who blew the whistle. Law protects (even for immigrants) in this case, and your H1b will be intact. THIS WILL SAVE YOUR IMMIGRATION STATUS LIKE NOTHING ELSE CAN...
AND OFCOURSE, START SEARCHING FOR ANOTHER JOB.
Goodluck
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brawn81
11-25 03:32 PM
Good work, but small modification.
Just take out this phrase in the list
or increase them to rational levels such as 10%-15%
Just take out this phrase in the list
or increase them to rational levels such as 10%-15%
more...
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mrane1
09-27 05:48 PM
I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.
I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.
With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.
Apart from all the above solutions there is one more.. I have a friend who was in similar situation.. she didnt make the h1b visa lottery... Her OPT expires in January... So she took admission in MBA and will apply for CPT in Jan... Also she has graduated now... so next year she can apply through MS quota. The good thing is that she has a FT job in a start up and her compnay assisting her in every way...
I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.
With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.
Apart from all the above solutions there is one more.. I have a friend who was in similar situation.. she didnt make the h1b visa lottery... Her OPT expires in January... So she took admission in MBA and will apply for CPT in Jan... Also she has graduated now... so next year she can apply through MS quota. The good thing is that she has a FT job in a start up and her compnay assisting her in every way...
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camarasa
07-09 01:45 PM
Buddy,
Why you are so angry??. I know more than you about immigration and all the rules. you try to understand the English properly and the meaning. I hope you are from a very remote place in India. So for you to understand better, Here is the meanign fo my message.
GUYS, YOUR PRIORITY DATE IS 2006 and why you are asking for the premium processing when many of your friends are still waiting to file their I 140 or I 485.
Don't try to put harsh words in public forums. You will get them back as a Boomerang...... Understand?:mad:
Dude - that doesn't make any sense. Just because there are people who have been waiting since 1998 (for whatever reason) doesn't mean that others should make their process as slow as possible so they can also wait 9 years with their "friends". Why would anyone want to do that?
Why you are so angry??. I know more than you about immigration and all the rules. you try to understand the English properly and the meaning. I hope you are from a very remote place in India. So for you to understand better, Here is the meanign fo my message.
GUYS, YOUR PRIORITY DATE IS 2006 and why you are asking for the premium processing when many of your friends are still waiting to file their I 140 or I 485.
Don't try to put harsh words in public forums. You will get them back as a Boomerang...... Understand?:mad:
Dude - that doesn't make any sense. Just because there are people who have been waiting since 1998 (for whatever reason) doesn't mean that others should make their process as slow as possible so they can also wait 9 years with their "friends". Why would anyone want to do that?
more...
pictures funny life quotes and sayings.
bsbawa10
08-21 10:23 AM
You must ask the badge number and note down the time of each call. Then file a complaint if you are not satisfied with the customer service experience.
Once we have a proof of hundreds of such written complaints, IV can also follow up. We need people to file 'written' complaints in order to help improve the service.
I do not have any ID (She spoke that too quickly) but I know the time (8 am cst) and I am prepared to give the written complaint.
Once we have a proof of hundreds of such written complaints, IV can also follow up. We need people to file 'written' complaints in order to help improve the service.
I do not have any ID (She spoke that too quickly) but I know the time (8 am cst) and I am prepared to give the written complaint.
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xgoogle
08-25 02:08 PM
bump
more...
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crazyghoda
06-08 07:29 PM
Not a bad idea. No need to bring up all the talk (from other threads) about interim GC or whatever. Just a 10 year validity on EADs and APs for retrogressed categories. If nothing, it'll atleast highlight the situation (and save me $340 + $305 = $645 every year)
too farfetched? should we pursue it? a 10 year wait at the least given the current quota restrictions..
too farfetched? should we pursue it? a 10 year wait at the least given the current quota restrictions..
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alahiri
06-19 11:33 PM
In murthy.com website there is the following write up to explain how priority dates are significant after i485 has been filed:
From: http://www.murthy.com/news/UDpdhdtw.html
"If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current.""
However my question is if priority dates really matter for i140 or i485 processing then what are the processing dates published by uscis all about?
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Can anyone please clarify wether priority dates really matter after i485 filing?
As I can see that in NSC i485 of Sept 2006 are being processed.
From: http://www.murthy.com/news/UDpdhdtw.html
"If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current.""
However my question is if priority dates really matter for i140 or i485 processing then what are the processing dates published by uscis all about?
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Can anyone please clarify wether priority dates really matter after i485 filing?
As I can see that in NSC i485 of Sept 2006 are being processed.
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thomachan72
04-12 08:28 AM
Hi guys,
I am a new bie but in deep trouble,
My case is like this
Have valid I-797 - till - Jan 16,2009 ( now expired right )
Valid I-94 - till -Jan 24 , 2009 ( now expired right )
Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
Applied for premium in -- Feb 26, 2009
RFE -- Mar 2, 2009
Denied -- Mar 31,2009
Trying to transfer my H1- to another product company under premium.
I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,
Please correct me if this is incorrect ???? gurus please help me,
As I know I dont have any status but denial letter says appeal with in 33 days.
Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.
Is it possible to transfer with out appeal or MTR for the current denial ?
Please advice, as I am already running out of time....
thanks
jvs
very sorry to hear about that. why dont you go for an apeal? what was the reason for denial? what was the RFE for? was this your first extension? give us more details to analyze the situation.
I am a new bie but in deep trouble,
My case is like this
Have valid I-797 - till - Jan 16,2009 ( now expired right )
Valid I-94 - till -Jan 24 , 2009 ( now expired right )
Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
Applied for premium in -- Feb 26, 2009
RFE -- Mar 2, 2009
Denied -- Mar 31,2009
Trying to transfer my H1- to another product company under premium.
I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,
Please correct me if this is incorrect ???? gurus please help me,
As I know I dont have any status but denial letter says appeal with in 33 days.
Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.
Is it possible to transfer with out appeal or MTR for the current denial ?
Please advice, as I am already running out of time....
thanks
jvs
very sorry to hear about that. why dont you go for an apeal? what was the reason for denial? what was the RFE for? was this your first extension? give us more details to analyze the situation.
smuggymba
08-13 01:48 PM
Total H1Bs sponsored by the dirty 4 Indian companies are 12000 multiplied by $2000, gives 12 million if you add same no of L1 visas its only 24 million not 600 million. Obama requires a calculator .
ROFL....obama needs a calculator
ROFL....obama needs a calculator
sravani
05-15 01:05 PM
Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
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