andy garcia
02-21 09:22 AM
I don't have the stats right in front of me, but it is my impression that except for a few odd years (FY06 comes to mind), EB-1 did not max out its numbers. Using EB-1 for L-1 executives is a relatively new idea.
This is the EB1 the usage for the last 14 years
06 = 36,960
05 = 64.731
04 = 31,291
03 = 14,544
02 = 34,452
01 = 41,801
00 = 27,706
99 = 14,898
98 = 21,408
97 = 21,810
96 = 27,501
95 = 17,339
94 = 21,053
93 = 21,114
The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.
This is the EB1 the usage for the last 14 years
06 = 36,960
05 = 64.731
04 = 31,291
03 = 14,544
02 = 34,452
01 = 41,801
00 = 27,706
99 = 14,898
98 = 21,408
97 = 21,810
96 = 27,501
95 = 17,339
94 = 21,053
93 = 21,114
The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.
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Adam
08-19 11:01 PM
I agree about the mouth thing...It's hard to not make it look like a stupid smirk or snowman nose :lol:
Jerrome
10-19 09:57 AM
I don't have an A#? Where can i find that.
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pagalForGC
06-17 03:54 PM
Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?
Thanks...
As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.
The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.
After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.
Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months.
Thanks...
As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.
The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.
After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.
Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months.
more...
manfrmind
03-30 01:09 PM
I am not 100% sure about this issue but� I do see couple of emails from attorneys regarding denying port of entry in NJ airport. If you come across of any cases please share.
swethanjit
07-08 09:49 PM
Hello All,
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008?
Please help. Your guidance is truly appreciated.
Regards
Swetha.
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008?
Please help. Your guidance is truly appreciated.
Regards
Swetha.
more...
venkat1247
10-29 03:26 PM
hi i got the some question how to open NRI acc
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wandmaker
06-06 03:12 AM
USCIS will send an RFE for missing photos - You can send the photos after that
more...
PHANI_TAVVALA
02-26 12:46 PM
I had a 10 year multiple entry B1/B2 visa which was to expire in 2013. I got married a couple of months ago, and since my husband is on a H1B, I got a H4 visa for the next 1.5 years. My passport with the B1/B2 visa DOES NOT have CWOP (Canceled without prejudice) written on it. My question is- has my B1/B2 visa been canceled? Or is it still valid? Can I hold 2 visas for entry into the US at the same time. If it has not been canceled, can I still use it for entry into the US once I lose my H4 status? Thank you for your time.
Don't you think this is a dumb question. What does "Cancelled without prejudice" mean to you? I would like to hear your interpretation of this.
Don't you think this is a dumb question. What does "Cancelled without prejudice" mean to you? I would like to hear your interpretation of this.
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mangelschots
07-16 01:33 AM
Is yours EB2?
EB3 ROW
PD March 2004
I-140 filed Dec 2006
I-485 filed June 25 07
Receipting is slow in NSC, I am not sure how, that is where I am confused. There are chances that cases could be transferred to TSC.
Will have to wait another 2 weeks to know the facts.
What happens on these dates (Jul 18 for Nebraska) ?
EB3 ROW
PD March 2004
I-140 filed Dec 2006
I-485 filed June 25 07
Receipting is slow in NSC, I am not sure how, that is where I am confused. There are chances that cases could be transferred to TSC.
Will have to wait another 2 weeks to know the facts.
What happens on these dates (Jul 18 for Nebraska) ?
more...
anjans
08-28 03:33 PM
internal for who do u work DOS/USCIS u jerk
I think there have been enuf members writing about visa limit being reached for india/china EB-2. I wonder why ppl are still calling each other names when somebody posts something he things others will benefit from. This will defeat the purpose of this forum.
I think there have been enuf members writing about visa limit being reached for india/china EB-2. I wonder why ppl are still calling each other names when somebody posts something he things others will benefit from. This will defeat the purpose of this forum.
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nogc_noproblem
07-18 11:10 PM
I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
I have EAD and AP but wondering why I can not transfer H1B?
I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.
yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
I have EAD and AP but wondering why I can not transfer H1B?
I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.
yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
more...
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GCBy3000
04-10 03:58 PM
I am from Wisconsin. I sent an email expressing to volunteer from WI State.
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peer123
07-18 07:25 PM
Hi Friends,
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..
more...
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shana04
02-06 09:50 AM
I just wanted to bump this and get people's opinion on what paper work and other things we should be aware of by not changing the employers who sponsered our green card, but have applied for 485, have I-140 approved (180 days passed since I-140 approval and I-485 receipt dates) and received EAD/AP.
I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.
You have understand the pros and cons for H1 vs EAD
H1:
1. Expensive
2. If for some reason there is an RFE or for that matter any thing, you can always fall back on h1 and then fight for your case
3. if employer revokes I 140 in your case (it would not affect) but you know uscsis. so be careful and H1 helps
EAD:
1. Flexibility
2. more options
3. you can be out of status
4. no employer problems
5. if you have gap, when you extend. then you will be out of job
6. you cannot fall back on H1
so you need to decide.
good luck
I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.
You have understand the pros and cons for H1 vs EAD
H1:
1. Expensive
2. If for some reason there is an RFE or for that matter any thing, you can always fall back on h1 and then fight for your case
3. if employer revokes I 140 in your case (it would not affect) but you know uscsis. so be careful and H1 helps
EAD:
1. Flexibility
2. more options
3. you can be out of status
4. no employer problems
5. if you have gap, when you extend. then you will be out of job
6. you cannot fall back on H1
so you need to decide.
good luck
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Anil_s
07-02 06:48 AM
Hi Ari,
Thank you for the information.
How Will it affect my H1-B process
Anil
Thank you for the information.
How Will it affect my H1-B process
Anil
more...
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linray
06-14 12:38 PM
Bolt,
Could you please update this post? Per the post, I got some points:
1. Your H1B extension denied and your I-94 card is expired
2. You filed H1B transfer again using premium processing
3. You got approval
Did you get a new I-94 card since your I-94 is expired?
Do you need to leave the USA for stamp?
Could you please update this post? Per the post, I got some points:
1. Your H1B extension denied and your I-94 card is expired
2. You filed H1B transfer again using premium processing
3. You got approval
Did you get a new I-94 card since your I-94 is expired?
Do you need to leave the USA for stamp?
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Raj Iyer
09-13 12:45 PM
No., you do npot qualify for EB-2 Unless you do a 3 years MAsters from India or a 2 yrs Masters from a U.S. intitution.
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moolchand_2002
03-24 04:11 PM
Hello
My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney.
-------------------
DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT
Upon consideration, it is ordered that your I-485 be denied for the following reasons:
On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)
On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application.
Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident.
Section 245(i) of INA further states, in Pertinent part that:
(1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States----
(A)WHO-----
(i) entered the United States without inspection: or
(ii) is within one if the classed enumerated in subsection (c) of this section:
(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of---------
(i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or
(ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and
(C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000;
may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....
8 C.F.R Section 245.10(n) states in pertinent part that:
(n) Evidentiary requirement to demonstrate physical presence on December 21,2000.
(1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.
Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000.
As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000.
In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document:
(1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA;
(2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here)
(3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act;
(4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.
Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000.
Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.
USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked.
------------------
Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.
I am really very depressed and tensed please help.
Thanks
My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney.
-------------------
DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT
Upon consideration, it is ordered that your I-485 be denied for the following reasons:
On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)
On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application.
Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident.
Section 245(i) of INA further states, in Pertinent part that:
(1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States----
(A)WHO-----
(i) entered the United States without inspection: or
(ii) is within one if the classed enumerated in subsection (c) of this section:
(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of---------
(i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or
(ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and
(C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000;
may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....
8 C.F.R Section 245.10(n) states in pertinent part that:
(n) Evidentiary requirement to demonstrate physical presence on December 21,2000.
(1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.
Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000.
As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000.
In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document:
(1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA;
(2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here)
(3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act;
(4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.
Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000.
Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.
USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked.
------------------
Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.
I am really very depressed and tensed please help.
Thanks
riva2005
03-20 04:19 PM
Its coming on the foreground on thursday thru a press conference by Rep Jeff Flake and Rep Luis Gutierrez. Read the breaking news thread from IV core.
TexDBoy
02-06 03:32 PM
Hi All,
I got promoted to Manager but my GC is applied for a Consultant 2 position (Developer Job Description). My Lawyers do not think it is an issue since it has been more than 6 months of my 485 application.
Is this really true?
Thanks,
Kaushik
Hi Kaushik,
Are you filing an H1B Amendment to reflect your new position
I got promoted to Manager but my GC is applied for a Consultant 2 position (Developer Job Description). My Lawyers do not think it is an issue since it has been more than 6 months of my 485 application.
Is this really true?
Thanks,
Kaushik
Hi Kaushik,
Are you filing an H1B Amendment to reflect your new position
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