alterego
03-08 06:27 PM
Very well written. I can tell you through my observations of living in this society for 35 years:
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
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khukubindu
05-05 06:20 PM
Thanks reddymjm for your quick reply. How long would it be current , do you think ?
What should I do from my side if it the date is correct ?
Should I call USCIS.
What should I do from my side if it the date is correct ?
Should I call USCIS.
b_boy
02-22 06:01 PM
well, really I dont have words to express what frustration means, so be it. my PD is Nov 2003 (original Labor) and filed 485 in June 2004 and have 7 EAD cards thus far.
Started to work on EAD since 2005.
This is my 11th year in this country, never tried to do labor substitution always was and is a legal and law abiding since I came to this country on H1, despite changing jobs been as a developer since then - till now.
This GC process got me grey very soon, unsure if I become bald. This is the state of legal immigration in this country, God bless.
Started to work on EAD since 2005.
This is my 11th year in this country, never tried to do labor substitution always was and is a legal and law abiding since I came to this country on H1, despite changing jobs been as a developer since then - till now.
This GC process got me grey very soon, unsure if I become bald. This is the state of legal immigration in this country, God bless.
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jsb
11-26 03:17 PM
I have copy of that letter but it mentions the title and salary no job desc.
Possibly, that's what you need. If you can get a similar letter (same title with same, or a bit more, salary) from your new employer it should work.
Did you ever get (or ask for) your I-140 filing? It should have a copy of the LC application, and job description.
Possibly, that's what you need. If you can get a similar letter (same title with same, or a bit more, salary) from your new employer it should work.
Did you ever get (or ask for) your I-140 filing? It should have a copy of the LC application, and job description.
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vinabath
04-23 03:34 PM
any one who tells to be cautious is a desi employer or a silent partner. Any one wonder to ask the thread starter
why in the beginning he chose a desi employer and signed a non-compete clause?
why did not get his H-1 done with PF?
every one( desi employer and h-1b employee) have weaknesses and strong points.
H-1B program is the nastiest and problematic for employer and also for the employee. There is a reason lot of american born owned consulting business dont do H-1s. Big over head on the employer. Accounting complexity and hard to follow H-1b and dol rules.
I am not even talking immigration process and family problems H-1bs go through. Desi employers take the risk of doing h-1s and and 90% of them dont even grow beyond 50 people and there is constant battle of retaining H-1 b employees at the same time making profit.
I thought of starting a desi consulting firm and realised it is a lot of pain.
Desi employee
1. wants 80% and may be 90%
2. bare h-1 cost
3. bare gc cost
4. bare insurance cost
5. pay salary on time
6. pay umemp, ss taxes
in addition to the time employer has to spend time to do all the above tasks.
end of the day its not even worth running desi consulting business unless we make atleast 15-20% of the revenue.
end of the day....desi employers have to face the brunt of american born workers and dol that desi employers run poor hiring practices and poor EEO practices and not only that desi employers run down the billing rates.
it is a vicious cycle. desi employees want to work for low billing rates because of their necessity and in turn run down profits of the employers this in turn make both the employee and employer unhappy.
how can a guy with 5 years experience in SAP is ready to work for 60$? LOL.
every knows how the game is played.
another important point employees want the employer run the payroll while they are on bench so that their H-1B status does not mess up. How can an employer run payroll when the employer makes 5-7% profit? LOL.
another one..... employee wants 80% but cannot wait until the client he is working for pays for his services to the employer. employee wants that 80% percent on time. LOL
another one h-1b employees want to cut lines to gc faster. they are ready pay large sums to money to employer to buy earlier PD.
I was H-1b 3 weeks ago. I stayed with my employer for 6 years and still working. and I also know h-1 b is a really bad visa for an employee too.
Ideally USA should give work visas based on individual's merit like an OPT/EAD for 6 years instead of H-1.
why in the beginning he chose a desi employer and signed a non-compete clause?
why did not get his H-1 done with PF?
every one( desi employer and h-1b employee) have weaknesses and strong points.
H-1B program is the nastiest and problematic for employer and also for the employee. There is a reason lot of american born owned consulting business dont do H-1s. Big over head on the employer. Accounting complexity and hard to follow H-1b and dol rules.
I am not even talking immigration process and family problems H-1bs go through. Desi employers take the risk of doing h-1s and and 90% of them dont even grow beyond 50 people and there is constant battle of retaining H-1 b employees at the same time making profit.
I thought of starting a desi consulting firm and realised it is a lot of pain.
Desi employee
1. wants 80% and may be 90%
2. bare h-1 cost
3. bare gc cost
4. bare insurance cost
5. pay salary on time
6. pay umemp, ss taxes
in addition to the time employer has to spend time to do all the above tasks.
end of the day its not even worth running desi consulting business unless we make atleast 15-20% of the revenue.
end of the day....desi employers have to face the brunt of american born workers and dol that desi employers run poor hiring practices and poor EEO practices and not only that desi employers run down the billing rates.
it is a vicious cycle. desi employees want to work for low billing rates because of their necessity and in turn run down profits of the employers this in turn make both the employee and employer unhappy.
how can a guy with 5 years experience in SAP is ready to work for 60$? LOL.
every knows how the game is played.
another important point employees want the employer run the payroll while they are on bench so that their H-1B status does not mess up. How can an employer run payroll when the employer makes 5-7% profit? LOL.
another one..... employee wants 80% but cannot wait until the client he is working for pays for his services to the employer. employee wants that 80% percent on time. LOL
another one h-1b employees want to cut lines to gc faster. they are ready pay large sums to money to employer to buy earlier PD.
I was H-1b 3 weeks ago. I stayed with my employer for 6 years and still working. and I also know h-1 b is a really bad visa for an employee too.
Ideally USA should give work visas based on individual's merit like an OPT/EAD for 6 years instead of H-1.
manishcp
09-10 12:05 PM
Follwoing user name person got his check cashed.
"rajvepa"
His appication reached at NSC 11:14AM and signed by F HEINAUER
"rajvepa"
His appication reached at NSC 11:14AM and signed by F HEINAUER
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royus77
07-08 09:03 PM
Can we have this event scheduled for major cities in other parts of US? What day are we looking for this rally? (14th July??)
I can gather 100+ people from Chicago..
Forget aboit other cities ,Here we are not able to get enough people in DC , which is having a decent community .If you planning to get 100 in chicago , can you make i to DC nbext weekend .
I can gather 100+ people from Chicago..
Forget aboit other cities ,Here we are not able to get enough people in DC , which is having a decent community .If you planning to get 100 in chicago , can you make i to DC nbext weekend .
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rajeshalex
08-04 02:07 PM
congrats in advance. U are going to get gc soon.
more...
anzerraja
07-20 01:20 AM
Thanks very much !!!
Great job people.
This is the least that everyone benefitted from july VB should do.
Waiting to hear further instructions on how to send $100.
Thanks
Great job people.
This is the least that everyone benefitted from july VB should do.
Waiting to hear further instructions on how to send $100.
Thanks
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delhiguy
07-08 08:51 PM
If that is so, no one who is on H1-b can sue their employer for exploiting them. BTW, I personally know people who have successfully sued their employer (US company) for not paying the salary they agreed.
Under the special labor law
http://www.dol.gov/compliance/guide/h1b.htm
U can sue anybody you want dear..
I am not a lawyer and this is not a legal advice, and i may be wrong
Under the special labor law
http://www.dol.gov/compliance/guide/h1b.htm
U can sue anybody you want dear..
I am not a lawyer and this is not a legal advice, and i may be wrong
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p7810456
05-23 10:25 AM
Already emailed all the senators in the list.. including faxes to two of my state Senators, FL. Also.. going to call few in the afternoon.
I hope this works..
I hope this works..
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dtekkedil
07-06 03:57 PM
We need some powerful press release for this Gandhigiri
Working on it... have faith!
Working on it... have faith!
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mqualique
05-01 03:20 PM
Spouse can stay in the country as far as her/his 485 has been applied before EB primary got a GC and after EB primary PD was current.
It WILL matter if while filing 485 EB & EB dependents have to use EB PD & FB PD respectively because then it could happen that EB primary got GC but EB dependent was never able to file 485.
In most cases it WON'T matter if while filing 485 EB & EB dependents can both use EB PD.
So if EB Dependents can use FB Quota but EB PD that would be really good for us. Off course clarification from attorney is always a good idea.
Our intention is to findout if CIS interpretation is correct. If spouse can stay in the country with EAD and AP and if Primary gets GC first. It won't matter much becos, that EAD will not have any strings attached on same or similar etc. So we should be OK.
It WILL matter if while filing 485 EB & EB dependents have to use EB PD & FB PD respectively because then it could happen that EB primary got GC but EB dependent was never able to file 485.
In most cases it WON'T matter if while filing 485 EB & EB dependents can both use EB PD.
So if EB Dependents can use FB Quota but EB PD that would be really good for us. Off course clarification from attorney is always a good idea.
Our intention is to findout if CIS interpretation is correct. If spouse can stay in the country with EAD and AP and if Primary gets GC first. It won't matter much becos, that EAD will not have any strings attached on same or similar etc. So we should be OK.
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chanduy9
07-05 01:59 PM
If this guy from USCIS (Emilio T. Gonzalez) is an anti immigrant then he might think this is an appreciation from anti immigrants. dont you want to convey to him that these flowers are actually from people who got screwed by him and uscis
Pls my post very carefully...it is
Select Occasion: "Sympathy".....and you can write some msg in the card too...it explains from where it is coming and what it means...
guys think +ve.
Thanks,
Chandra.
Pls my post very carefully...it is
Select Occasion: "Sympathy".....and you can write some msg in the card too...it explains from where it is coming and what it means...
guys think +ve.
Thanks,
Chandra.
more...
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eb3_nepa
08-18 01:30 PM
Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
Sunny Surya,
With all due respect let me make a couple of observations here.
1) First you file a lawsuit that prevents fellow Eb3's from porting to Eb2 at a later date, even though those individuals may have advanced in their careers and would be eligible for better jobs.
2) Now that you have successfully broken a united community into two factions, you want the IV core to now further take up the "Eb2 cause" against the USCIS, because YOU cannot file a lawsuit against the USCIS (the 500 pound gorilla) an organization that doesnt give a c**p about the immigrants and even its own internal processing "rule"?
3) Let me ask you, WHY should the IV core help ONLY the Eb2 at this point. You and some other Eb2 members were and are flexing your muscles against the Eb3 members who have been suffering in the EXACT same manner. What exactly have YOU contributed towards uniting the Legal employment based community and what have YOU done to help the Core team so far, that you now ask the core team to specifically take the Eb2 non-sequential processing up with the law-makers?
If you see a problem with the non-sequential processing, why dont YOU write to your own senators/congressmen and ask them to follow up on your individual case?
One more thing, if you are planning on replying back saying that "This is my last post on IV" so be it. IV does not need members who think of just themselves. And yes if you are planning on giving me red/gray/green dots please feel free to do so.
Thanks!
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
Sunny Surya,
With all due respect let me make a couple of observations here.
1) First you file a lawsuit that prevents fellow Eb3's from porting to Eb2 at a later date, even though those individuals may have advanced in their careers and would be eligible for better jobs.
2) Now that you have successfully broken a united community into two factions, you want the IV core to now further take up the "Eb2 cause" against the USCIS, because YOU cannot file a lawsuit against the USCIS (the 500 pound gorilla) an organization that doesnt give a c**p about the immigrants and even its own internal processing "rule"?
3) Let me ask you, WHY should the IV core help ONLY the Eb2 at this point. You and some other Eb2 members were and are flexing your muscles against the Eb3 members who have been suffering in the EXACT same manner. What exactly have YOU contributed towards uniting the Legal employment based community and what have YOU done to help the Core team so far, that you now ask the core team to specifically take the Eb2 non-sequential processing up with the law-makers?
If you see a problem with the non-sequential processing, why dont YOU write to your own senators/congressmen and ask them to follow up on your individual case?
One more thing, if you are planning on replying back saying that "This is my last post on IV" so be it. IV does not need members who think of just themselves. And yes if you are planning on giving me red/gray/green dots please feel free to do so.
Thanks!
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delax
07-27 12:33 AM
That is your take ....or they could end up distributing the spill over Visas equally among all EB categories because the original quota is equally distributed too. This benefits both EB3 and EB2.
Please do not try to pass on your opinions as facts ...they are not.
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
Please do not try to pass on your opinions as facts ...they are not.
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
more...
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gjoe
10-04 07:14 AM
I am 5July filer, I got my RN on 10Sep but no FP notice till date
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googlegc
08-25 07:24 PM
Guys,
I just got my H1B Extension approved (8th year extension).
Original H1B was valid until Sept 2008. Changed companies after 180 days(of I485 application) and applied for H1 transfer and extension for 3 years via new company. Finally got it approved after 3 months for 3 years(until May 2011).
-Googlegc
I just got my H1B Extension approved (8th year extension).
Original H1B was valid until Sept 2008. Changed companies after 180 days(of I485 application) and applied for H1 transfer and extension for 3 years via new company. Finally got it approved after 3 months for 3 years(until May 2011).
-Googlegc
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chetanjumani
08-26 03:11 AM
I have only seen one person get through background check in the last year. That was through senator intervention. Person got approved (it was a premium processing case). companies generally do not want to go throgh senator/congressmen intervention due to fear of tweaking uscis.
Since his 140 is approved then he is not subject to the quota. However; he could just wait or file another h-1b with another comany. If he asks for I-94 card then uscis could ask for maintaining status. He is in what is considered a "bridge period". that is when I-94 card expires; you are legally here but if you fle an h-1b with another company then they shouldn't approve the second h-1b until the first one is approved (uscis doesn't always do this). Sometimes they approve the second one. However; if the first one gets denied then you wuld not be considered in "status" from date I-94 card expired until second companies h-1b got approved with I-94 card (would have greencard implications later).
He could just file an h-1b with another company in premium (do not ask for I-94 card). If/when uscis approves it then he would have to go for visa stamping and get I-94 card at the border.
Thank you united nation. You views/inputs are very valuable. Regards.
Since his 140 is approved then he is not subject to the quota. However; he could just wait or file another h-1b with another comany. If he asks for I-94 card then uscis could ask for maintaining status. He is in what is considered a "bridge period". that is when I-94 card expires; you are legally here but if you fle an h-1b with another company then they shouldn't approve the second h-1b until the first one is approved (uscis doesn't always do this). Sometimes they approve the second one. However; if the first one gets denied then you wuld not be considered in "status" from date I-94 card expired until second companies h-1b got approved with I-94 card (would have greencard implications later).
He could just file an h-1b with another company in premium (do not ask for I-94 card). If/when uscis approves it then he would have to go for visa stamping and get I-94 card at the border.
Thank you united nation. You views/inputs are very valuable. Regards.
kshitijnt
05-01 08:03 PM
Lets file a lawsuit to get the info in a manner we need:
1) breakdown of processing dates in a manner that co relates to visa bulletin.
i.e.: tell us how many petitions by per country are pending/processed and processing dates by country and category. Atleast USCIS is answerable to visa bulletin.
2) Visa usage by category reporting each month
(How many petitions were approved are pending by visa category and by country) (here I mean just I140 and I485). Adjust the numbers if there are denials.
This will atleast help everyone predict whats going to happen in recent months. One of the heartburns we have is no information comes out of USCIS and we are held hostage to what oppenheim says or Aytes says or Sheela Murthy says. This is public information so lets try and get it public every month.
1) breakdown of processing dates in a manner that co relates to visa bulletin.
i.e.: tell us how many petitions by per country are pending/processed and processing dates by country and category. Atleast USCIS is answerable to visa bulletin.
2) Visa usage by category reporting each month
(How many petitions were approved are pending by visa category and by country) (here I mean just I140 and I485). Adjust the numbers if there are denials.
This will atleast help everyone predict whats going to happen in recent months. One of the heartburns we have is no information comes out of USCIS and we are held hostage to what oppenheim says or Aytes says or Sheela Murthy says. This is public information so lets try and get it public every month.
sanhari
07-19 02:23 PM
I agree with you vin13, remove country quota or by number of years we are legally here in US.
Base on PD is not fare enough. Many of us filed GC vary late because of one or many reasons.
I understand why you all are not favoring my call, since you all are EB2, EB3 is suffering because of no movement and huge backlog and EB2 is gaining because of Spillover, so you all are not favoring this. Anyway we are trying our best to get some relief for those hanging around with older priority date, let's see...
Base on PD is not fare enough. Many of us filed GC vary late because of one or many reasons.
I understand why you all are not favoring my call, since you all are EB2, EB3 is suffering because of no movement and huge backlog and EB2 is gaining because of Spillover, so you all are not favoring this. Anyway we are trying our best to get some relief for those hanging around with older priority date, let's see...
