cptbaseball
05-14 02:27 PM
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
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desih1b
05-01 10:17 AM
I think you can file a new LC with new employer and recapture the old LC priority date or if the previous 140 is still valid (not revoked) you can file for I485 using that 140 with that employer.
Better consult an attorney. before talk to the old lawyer and get all necessary info.
all the best.
Better consult an attorney. before talk to the old lawyer and get all necessary info.
all the best.
fcres
08-14 03:37 PM
I sent a single check of $745 just for my wifes app, my employer sent the $745 check for me , this included all including biometrics, why would they be crazy to receipt one app and reject another both within the same packet, for reason like 'improper filing fees', i am upset.
Are you sure you wrote the right amount in numbers and words and sign and date it corrrectly? I have read if the words are not right they might return it.
Are you sure you wrote the right amount in numbers and words and sign and date it corrrectly? I have read if the words are not right they might return it.
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Illuminae
05-27 06:48 PM
hey... fester, btw, your site totally sux, but.. er... hehe... i kinda like the song (feel free to throw stuff at me) :beam:
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logiclife
01-01 11:03 PM
I have been looking at a lot of posts on this Rajiv Khanna�s immigrationportal and there seems to be a lot of confusion about who is legit and really interested in our cause and who is faking it to collect money and run with it.
I agree that its hard to trust someone you�ve never met and get involved in discussing strategy, participate etc let alone cut a check of $50.
LET ME BE CLEAR ABOUT SOMETHING HERE:
I have no vested interested in diverting people from any website to any website and re-divert people from one organization to another. If you know someone who works for you and you trust � fine. Go with it.
I personally am really really mad at the retrogression going on in EB GC. I applied for my Labor in Sept 2004. Got it approved in June 2005. I have been sitting on my hands since. I-140 is in process. With the speed things are going now, I will have GC no sooner than 6 years.
AND I AM JUST MAD THAT AFTER ALL THESE YEARS�I CAN�T EVEN APPLY FOR I-485.
Then I came across this website on the morning of 31st DEC and then looked at immigrationvoice.org. Talked to a couple of people on the phone from immigrationvoice.org. I am going to post tomorrow�s agenda of conference call RIGHT HERE.
If you want to participate in this call, either to suggest ideas or to check out if we are legit or not, just register on immigrationvoice.org (ITS FREE) and send an email with your phone numbers (its free) so that we can verify that you are legit and not a heckler who is going to disrupt the conference call.
If you still are not convinced and trust someone else, go with it.
Another thing�immigrationvoice.org is only 4 days old. Bear with us if we are not perfect. But we will surely be fully functional with all the bells and whistles before you know it.
AGENDA for tomorrow�s conference call:
A) GENERATE PUBLICITY ABOUT IMMIGRATIONVOICE.ORG.
Spread the word that this website is going to consolidate all efforts to have provisions to eliminate retrogression. Convince people that immigrationvoice.org is legit and operated by people WHO DON�T HAVE GC/CITIZENSHIP and are waiting in line for GC.
B) GATHER FACTS FROM BOOKS, AUTHENTIC SOURCES.
There are at least 3 books out there that deal with exodus of talent from this country either due to cultural reasons or due to hostile immigration policy. These books claim that there is competition for talent out there (�Talent� being people like H1Bs, researchers, engineers etc) between US and other countries and USA IS LOSING. Check out �Flight Capital� by David Heenan and �The flight of the creative class� by Richard Florida.
We want those facts to convince congress that eliminating retrogression is not only in an immigrant�s interest, BUT IN THE INTEREST OF AN AVERAGE AMERICAN EMPLOYER. We are not looking for a frigging charity or a handout. We are not saying �O dear congress, give us a green card and we shall be eternally thankful to thy congress�. That is a wrong strategy and an unnecessary one.We are legal immigrants. We are not looking for amnesty. Just a fair deal for people who stand in line for GC and play by the rules, pay their taxes, protect their status and obey the rule of the law.
We are looking to consolidate an already existing symbiotic relationship. A win-win situation.
C) INFLUENCE CONGRESS.
By this time, anyone who is not living under a rock knows that there is a comprehensive immigration bill coming up before congress. The bill will be introduced, debated and most likely passed. The question is whether or not the retrogression relief measures are included or thrown out.
We need to plan a strategy to
1) Convince congress with FACTS and NUMBERS how the current H1B program has given an edge to US employers and contributed to the society in general and how it is in America�s interest to put this symbiotic relationship on a solid ground by speeding up Employment based green card.
2) To work with congress, devise a strategy to meet them in person, as many as possible. Create an A-list of senators and congressmen who have the most say in committees and sub-committee hearings. We would work to communicate and convince these men first and then have a message machine to send a blanket message to ALL.
If you are still not convinced and go with someone else or go with do-nothing-and-hope-for-best strategy, then go ahead.
OTHERWISE register and participate. And you wont lose a dime by doing that.
I agree that its hard to trust someone you�ve never met and get involved in discussing strategy, participate etc let alone cut a check of $50.
LET ME BE CLEAR ABOUT SOMETHING HERE:
I have no vested interested in diverting people from any website to any website and re-divert people from one organization to another. If you know someone who works for you and you trust � fine. Go with it.
I personally am really really mad at the retrogression going on in EB GC. I applied for my Labor in Sept 2004. Got it approved in June 2005. I have been sitting on my hands since. I-140 is in process. With the speed things are going now, I will have GC no sooner than 6 years.
AND I AM JUST MAD THAT AFTER ALL THESE YEARS�I CAN�T EVEN APPLY FOR I-485.
Then I came across this website on the morning of 31st DEC and then looked at immigrationvoice.org. Talked to a couple of people on the phone from immigrationvoice.org. I am going to post tomorrow�s agenda of conference call RIGHT HERE.
If you want to participate in this call, either to suggest ideas or to check out if we are legit or not, just register on immigrationvoice.org (ITS FREE) and send an email with your phone numbers (its free) so that we can verify that you are legit and not a heckler who is going to disrupt the conference call.
If you still are not convinced and trust someone else, go with it.
Another thing�immigrationvoice.org is only 4 days old. Bear with us if we are not perfect. But we will surely be fully functional with all the bells and whistles before you know it.
AGENDA for tomorrow�s conference call:
A) GENERATE PUBLICITY ABOUT IMMIGRATIONVOICE.ORG.
Spread the word that this website is going to consolidate all efforts to have provisions to eliminate retrogression. Convince people that immigrationvoice.org is legit and operated by people WHO DON�T HAVE GC/CITIZENSHIP and are waiting in line for GC.
B) GATHER FACTS FROM BOOKS, AUTHENTIC SOURCES.
There are at least 3 books out there that deal with exodus of talent from this country either due to cultural reasons or due to hostile immigration policy. These books claim that there is competition for talent out there (�Talent� being people like H1Bs, researchers, engineers etc) between US and other countries and USA IS LOSING. Check out �Flight Capital� by David Heenan and �The flight of the creative class� by Richard Florida.
We want those facts to convince congress that eliminating retrogression is not only in an immigrant�s interest, BUT IN THE INTEREST OF AN AVERAGE AMERICAN EMPLOYER. We are not looking for a frigging charity or a handout. We are not saying �O dear congress, give us a green card and we shall be eternally thankful to thy congress�. That is a wrong strategy and an unnecessary one.We are legal immigrants. We are not looking for amnesty. Just a fair deal for people who stand in line for GC and play by the rules, pay their taxes, protect their status and obey the rule of the law.
We are looking to consolidate an already existing symbiotic relationship. A win-win situation.
C) INFLUENCE CONGRESS.
By this time, anyone who is not living under a rock knows that there is a comprehensive immigration bill coming up before congress. The bill will be introduced, debated and most likely passed. The question is whether or not the retrogression relief measures are included or thrown out.
We need to plan a strategy to
1) Convince congress with FACTS and NUMBERS how the current H1B program has given an edge to US employers and contributed to the society in general and how it is in America�s interest to put this symbiotic relationship on a solid ground by speeding up Employment based green card.
2) To work with congress, devise a strategy to meet them in person, as many as possible. Create an A-list of senators and congressmen who have the most say in committees and sub-committee hearings. We would work to communicate and convince these men first and then have a message machine to send a blanket message to ALL.
If you are still not convinced and go with someone else or go with do-nothing-and-hope-for-best strategy, then go ahead.
OTHERWISE register and participate. And you wont lose a dime by doing that.
vbkris77
04-22 11:20 PM
First of all, this is a wrong forum to went our your points about illegals.. We in IV encourage a legal immigration. But the moment we start excluding people, the list can go on and on.. You start with so called illegasl today (with due sympathy for using that word..), but this exclusion will go on to legals, new doctors, engineers willing to come, settle and work in USA. Remember this is a land of immigrants. If you have any doubt, just look at the new bills introduced by senators to effectively kill H1B program the only legal option for most educated to come to US.
Lets for instance say we want everyone to go back to their own countries.. Where do you want to draw that line to go back, 1980?, 1900? how about 1600??
Grow up and learn to innovate new ways to get employed and live a happy life. Don't try to ruin the very foundation on which this country is built. Trust me there are more patriots in this forum than you could imagine..
Lets for instance say we want everyone to go back to their own countries.. Where do you want to draw that line to go back, 1980?, 1900? how about 1600??
Grow up and learn to innovate new ways to get employed and live a happy life. Don't try to ruin the very foundation on which this country is built. Trust me there are more patriots in this forum than you could imagine..
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thepaew
09-24 02:20 PM
Applying to a top MBA program is quite intense, especially if you come from a competitive applicant pool. eg: laid off investment banker (plenty of those headed to B-school), Indian-engineer, Chinese-anything, etc. Are you sure you want to go through the effort and expense of the application process if you cannot attend? It takes about 3-4 weeks to put a serious application package together - maybe you can put this time to better use by applying to a program that you can actually attend. That can also be a plan-B in case something goes wrong with the GC application.
Think it through and good luck with your decision. Wish you the Best.
here is what I am planning to do. Go ahead and apply. If I get admission and GC does not come through by next fall, simply ask for a deferral. If it is not granted, apply again.
I do not want to reset my GC process.
Anybody getting ready for RI next month?
Think it through and good luck with your decision. Wish you the Best.
here is what I am planning to do. Go ahead and apply. If I get admission and GC does not come through by next fall, simply ask for a deferral. If it is not granted, apply again.
I do not want to reset my GC process.
Anybody getting ready for RI next month?
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moonrah
08-27 10:41 AM
Does anybody know which is the current processing date for audited PERM cases? DOL claims March -May 2007 PDs, but I personalley know people filed in Oct 2007 and got audited due to Fragomen are approved. And also can somebody confirm if there is only one processing center (Atlanta) for PERM processing
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mpadapa
10-09 01:32 PM
IMHO.. Its better to resolve the out-of-status issues before U file for 485. Please consult a good attorney.
If things are cleared out, its a smooth sailing for U since U are from EB2 ROW. Since U are planning to marry, its better to marry and then file for 485. U donno sometimes USCIS goes into an approval frenzy, U might get U'r GC approved soon and thus U'r wife might have to wait for yrs to get GC. If U'r wife comes to US before U'r GC approval, its a different story as explained by glus.
If things are cleared out, its a smooth sailing for U since U are from EB2 ROW. Since U are planning to marry, its better to marry and then file for 485. U donno sometimes USCIS goes into an approval frenzy, U might get U'r GC approved soon and thus U'r wife might have to wait for yrs to get GC. If U'r wife comes to US before U'r GC approval, its a different story as explained by glus.
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bluez25
07-15 02:46 PM
My Priority date is Feb 1st 2006. I got my 140 approved some time in May 2006 and Here I am today..
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jasmin45
07-16 05:48 PM
You've got to hand it to these attorneys. They have a way of writing a lot without saying anything.
Sheela Murthy excels in this art. In this situation, should we still file for 485 or not? She will write a whole page on this and finally say you have to make that decision yourself.
Thank you, but I already know that one!
She must be scrambling for those meaningless "legally correct" words to fill the page now.. not a word from her yet.. except that we already got to know from WSJ report this morning.
Sheela Murthy excels in this art. In this situation, should we still file for 485 or not? She will write a whole page on this and finally say you have to make that decision yourself.
Thank you, but I already know that one!
She must be scrambling for those meaningless "legally correct" words to fill the page now.. not a word from her yet.. except that we already got to know from WSJ report this morning.
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smileyslimey
11-30 08:59 AM
Hi,
My current H1 expires in Nov 2007 and I am working in the oil and gas field. I am also pursuing an MBA which will end in mid-2008. My current employers have started the PERM process and hopefully I will have an approved I-140 by mid 2007, so that I can get renewals at that time.
The question is that if I want to shift to another industry, say consulting or supply chain management, after my MBA is over, can I get a new H1 from my would-be employers? That is while I am on my current I-140 renewal with an oil and gas job description? I will have exceeded my 6yrs by then, anyway.
Any advice will be appreciated.
Thanks.
Regards.
My current H1 expires in Nov 2007 and I am working in the oil and gas field. I am also pursuing an MBA which will end in mid-2008. My current employers have started the PERM process and hopefully I will have an approved I-140 by mid 2007, so that I can get renewals at that time.
The question is that if I want to shift to another industry, say consulting or supply chain management, after my MBA is over, can I get a new H1 from my would-be employers? That is while I am on my current I-140 renewal with an oil and gas job description? I will have exceeded my 6yrs by then, anyway.
Any advice will be appreciated.
Thanks.
Regards.
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don_don
06-25 08:43 AM
If I were you, I would wait till it is 1st of July. What if they reject it,,u loose more time than saving!
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techskill
08-14 02:48 PM
How did you come up with $745? I-485 application fees were $325 + $70 fee for biometrics. That makes it $395 per application or $790 for two applications. Maybe your lawyer gave you incorrect advice about the fees??
$325 + $70 + $180 (EAD) + $170(AP)=$745
$325 + $70 + $180 (EAD) + $170(AP)=$745
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nat23
06-26 12:15 PM
There is expected to be another vote on Thursday evening to move towards limiting the debate on the Bill and a final vote is expected to be by Friday.
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felix31
04-18 11:42 AM
I received a receipt confirmation for my I-140 petition. It shows that they received on March 24, 2006. I tried to check on the status on USCIS website in case status. I could not find my case so far. Does it take so long to be updated. I am worried if my petition is misplaced somewhere...
Please give me your advice.
GC092003,
I am sorry to hear that. But this is absolutely new to me. As soon as we got the receipt number we were able to check online status ....
have you punched in all the letters and numbers correctly? Pay attention to that, because if you mistake one number you will not get accurate result..
If the number you are typing is correct than something must be wrong on their side and you can call 800 number to inquire via attomated system about your case...
hope this helps
Please give me your advice.
GC092003,
I am sorry to hear that. But this is absolutely new to me. As soon as we got the receipt number we were able to check online status ....
have you punched in all the letters and numbers correctly? Pay attention to that, because if you mistake one number you will not get accurate result..
If the number you are typing is correct than something must be wrong on their side and you can call 800 number to inquire via attomated system about your case...
hope this helps
more...
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adiboss007
06-07 10:52 PM
http://ashwinsharma.com/2007/06/03/nasscom-statement-on-the-h1b-program.aspx
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senthil1
04-10 06:20 PM
The numbers were not too much as the expectation was much more as last 2 years cap was reached and expected to file more persons. If H1b is filed based on real job requirements the cap must be enough.
this happened because alot of students filed through multiple employers
(read desi consultants) to better their chances
i hope they do something about this artificial inflation and fraud bodyshoppers
the masters quota would never have gone into lottery then
this happened because alot of students filed through multiple employers
(read desi consultants) to better their chances
i hope they do something about this artificial inflation and fraud bodyshoppers
the masters quota would never have gone into lottery then
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srarao
02-15 10:48 AM
Best thing is call the customer service and explain step by step.
also take an infopass appointment and explain.
also take an infopass appointment and explain.
kumarc123
11-06 03:44 PM
Thanks for your comment,
seekerofpeace
09-13 09:38 AM
Folks,
I am really amazed to see the verbal war of words between these two artificially created groups aka the lines of "Divide and Rule" policy by the erstwhile masters of our country...
I can understand the feelings but the profanity and the language used won't lead us anywhere.
Frustration is the only common thing among the EBI applicants...some more some less...
I know of a lot of EB2s like me who came to this country for higher studies more than a decade back and got delayed in filing for their residency and had to suffer...While many who came with a job here and filed using EB3 then, have their parents as residents now....
Why is there no anger towards the many L1 managers who get residency through EB1.without much educational qualifications and forget about national interest waiver...I know a few, who came in 2006 and are residents within a year or so....
I also saw many of my friends through unfair labor substitutions got ahead of me unfairly and are now citizens...
Bottomline is people won't apply in a particular category unless they think it is best in their interests...In this economy most companies are tightening their purse.....it is a common fact that 90% of EB I applicants are software engineers.the demand of which will wane over the years in the immediate future and next generation technology demand will increase aka green and biotech....and much water has flowed in Mississipi since the days of Y2K when even people with fraud degrees and vague backgrounds came here and flourished......
The infighting reminds me of the crab story in which of all the baskets of various sea animals/fishes in a fish market the only basket whose lid was open was one with crabs...a buyer when enquired the uniqueness of that crab basket was promptly told by the seller that in this basket if any crab wants to go out and be free all the other crabs will join and pull it back to the basket so I don't have to worry.......
Let's not be these crabs....I am sure there exists common grounds in IV otherwise if this continues I am sure there will be a vertical split in IV...between EB2 and EBI..and ROW will laugh at us.........
SoP
I am really amazed to see the verbal war of words between these two artificially created groups aka the lines of "Divide and Rule" policy by the erstwhile masters of our country...
I can understand the feelings but the profanity and the language used won't lead us anywhere.
Frustration is the only common thing among the EBI applicants...some more some less...
I know of a lot of EB2s like me who came to this country for higher studies more than a decade back and got delayed in filing for their residency and had to suffer...While many who came with a job here and filed using EB3 then, have their parents as residents now....
Why is there no anger towards the many L1 managers who get residency through EB1.without much educational qualifications and forget about national interest waiver...I know a few, who came in 2006 and are residents within a year or so....
I also saw many of my friends through unfair labor substitutions got ahead of me unfairly and are now citizens...
Bottomline is people won't apply in a particular category unless they think it is best in their interests...In this economy most companies are tightening their purse.....it is a common fact that 90% of EB I applicants are software engineers.the demand of which will wane over the years in the immediate future and next generation technology demand will increase aka green and biotech....and much water has flowed in Mississipi since the days of Y2K when even people with fraud degrees and vague backgrounds came here and flourished......
The infighting reminds me of the crab story in which of all the baskets of various sea animals/fishes in a fish market the only basket whose lid was open was one with crabs...a buyer when enquired the uniqueness of that crab basket was promptly told by the seller that in this basket if any crab wants to go out and be free all the other crabs will join and pull it back to the basket so I don't have to worry.......
Let's not be these crabs....I am sure there exists common grounds in IV otherwise if this continues I am sure there will be a vertical split in IV...between EB2 and EBI..and ROW will laugh at us.........
SoP
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