General Immigration Discussion

[bieber]

Nishanth

I don't think it's that critical, having master's degree is only half the task, convincing employer to file under EB2 is all together a different issue and to my surprise not many new kids are learning about gc process early and starts filing unless they have some in the family who forces them to do it fast.

down the line, EB2I may/will increase but not because of h1b quota filings but due to increaseing awareness of gc procedure.

[gcseeker]

Nishant

I would agree this would have an impact on 2013/2014 spillover depending on how many choose an Phd option.The counterarguement would be the job requirements have tigtened and just an master's would not justify filing in EB2.Also this is in line with the trend that large number of Indian students are now pursuing American degrees with the new found wealth back in the homeland.Many parents are preferring their children go abroad even for bachelor degrees.

Article
http://www.usinpac.com/component/lyf...-10-years.html


I am not able to find the exact Timesofindia link but there was an piece in the educationtimes section which had specific statistics for 2010 and 2011 which showed a clear preference to Usa.

However for pure economic reasons the Usa might be forced to undertake some sweeping legislation to clean up the legal immigration mess and welcome more people and maybe that will finally help. It is still early to pick the election races but am still convinced the Repubs will be better in this particular area.

Guys, following was posted on OH Law Firm, credit to OH law firm breaking news (http://www.immigration-law.com/)

Master cap: 19,100 (Master degree cap is approaching annual cap limit of 20,000. Once cap is reached, they will take out regular cap numbers. The Master cap count on 10/08/2010 was 15,400. Thus this year's Master cap is being exhausted much faster than last year. Meaning that increased number of foreign students earning a Master degree in the U.S. are applying for the H-1B visa status in a larger number. Only U.S. Master degree earners are eligible for the 20,000 special cap numbers. Hmm..... Interesting!)

---------------------------
This is not good for potential SOFAD from EB2ROW 1 to 2 years down the line when these guys are able to convince their employers to start their GCs, of course only some of these will be ROW, many might be just Indians or Chinese. Depends on how many international students are from other countries. Just an observation. As even a couple of thousand makes a big difference sometimes to EB2 I/C.

[immitime]

Wow,. more caution from now on.... while applying for H1, and H1B success nowadays is all a combination of Employer, Employee and Attorney tuning....and of course the prayers and good luck too... even if you have an approved I-140, they approves the H1 for maximum 1 year.. I never understand this logic, where is the L A W and POLICY here???? This is might is right thing.

I wish we all get GC ASAP. This modern day torture should not last long! we are used as scape goats for political gains!

Friends

Anybody got H1B extension 3rd span recently? Did you get the 2 page approval notice and in the 2nd page with a disclaimer saying that DHS deserves the right to verify the information submitted with the petition by any mode like visiting, telephoning etc etc .........

[shivarajan]

My wife got approval based on I140 for 3 years few days ago.
May be its case by case basis.

[immitime]

I think your wife might be working for the direct client not consulting.(or got a letter from the client with a 3 year end date of the project) in that case she can get 3 years, if there are layers, more the layer greater the RFE and bigger the problems.

My wife got approval based on I140 for 3 years few days ago.
May be its case by case basis.

[skpanda]

Hey Nishant,
Can you please clarify what you mean by 'take out regular cap numbers'?? They will stop new H1 applications or simply that Master degree in US guyz will apply in regular quota?

Thanks!

Guys, following was posted on OH Law Firm, credit to OH law firm breaking news (http://www.immigration-law.com/)

Master cap: 19,100 (Master degree cap is approaching annual cap limit of 20,000. Once cap is reached, they will take out regular cap numbers. The Master cap count on 10/08/2010 was 15,400. Thus this year's Master cap is being exhausted much faster than last year. Meaning that increased number of foreign students earning a Master degree in the U.S. are applying for the H-1B visa status in a larger number. Only U.S. Master degree earners are eligible for the 20,000 special cap numbers. Hmm..... Interesting!)

---------------------------
This is not good for potential SOFAD from EB2ROW 1 to 2 years down the line when these guys are able to convince their employers to start their GCs, of course only some of these will be ROW, many might be just Indians or Chinese. Depends on how many international students are from other countries. Just an observation. As even a couple of thousand makes a big difference sometimes to EB2 I/C.

[nishant2200]

Hey Nishant,
Can you please clarify what you mean by 'take out regular cap numbers'?? They will stop new H1 applications or simply that Master degree in US guyz will apply in regular quota?

Thanks!

Masters in usa will count in regular quota

[meetasn]

Hi spectator,

My PD is 22 April 2008, My H1 is expiring on 26 April 2012. So I have to apply for H1 extension.If every this goes fine and gets EAD before that, I want to skip applying H1.

[leo4ever]

Hi spectator,

My PD is 22 April 2008, My H1 is expiring on 26 April 2012. So I have to apply for H1 extension.If every this goes fine and gets EAD before that, I want to skip applying H1.

I am not a Guru but my suggestion would be to be prepared to apply for H1B Extension.

[qesehmk]

Its always advisable to have H1 all through while your GC is being processed just in case something untoward happens to your GC.

Hi spectator,

My PD is 22 April 2008, My H1 is expiring on 26 April 2012. So I have to apply for H1 extension.If every this goes fine and gets EAD before that, I want to skip applying H1.

[vizcard]

Agreed. H1 at this point is a safe bet. 1 yr or 3 yrs is entirely up to you (and your lawyer). Personally, my H1 expires on 11/30/2012. My PD is 8/20/2008. I will most likely be in a similar situation a year from now and i fully intend to apply for H1 followed by EAD/AP.

[meetasn]

Thanks a lot , I will apply my H1 Extension.

[druvraj]

Guys,

Recently I was looking at my case status on USCIS website and it said Initial Review. My i140 is approved with a PD of feb 2008. I know that my PD is still 4 months away but should I be worried that it still says Initial review. In fact based on my I140 approval I got additional 3 yrs extension.

[tanu_75]

Guys,

Recently I was looking at my case status on USCIS website and it said Initial Review. My i140 is approved with a PD of feb 2008. I know that my PD is still 4 months away but should I be worried that it still says Initial review. In fact based on my I140 approval I got additional 3 yrs extension.

That's interesting. Did you happen to check it before, say a month or two back? What was the status then? I checked out mine (PD Jan 2008) and it says Post Decision Activity, referring to when it was approved.

[nishant2200]

Guys, if you got the actual approval notice, that's it. The online status check is totally messed up and not trustworthy. My H1 extension says in review since months, while I actually got the approval months back.

I also know a guy who has got his GC, and the status of 485 still says received response to RFE.

That's interesting. Did you happen to check it before, say a month or two back? What was the status then? I checked out mine (PD Jan 2008) and it says Post Decision Activity, referring to when it was approved.

[skpanda]

I have the same problem, however my status in USCIS website has always shown Initial Review. Since I have the approval notice, I did not care.

Guys,

Recently I was looking at my case status on USCIS website and it said Initial Review. My i140 is approved with a PD of feb 2008. I know that my PD is still 4 months away but should I be worried that it still says Initial review. In fact based on my I140 approval I got additional 3 yrs extension.

[familyguy]

I received approved copy of 140 in apr 2008 and the online status has always shown as 'initial' review... do not trust online case tracker...

Guys, if you got the actual approval notice, that's it. The online status check is totally messed up and not trustworthy. My H1 extension says in review since months, while I actually got the approval months back.

I also know a guy who has got his GC, and the status of 485 still says received response to RFE.

[druvraj]

I have the same problem, however my status in USCIS website has always shown Initial Review. Since I have the approval notice, I did not care.

My status has been in initial review since June of this year. If you are talking about I140 approval notice, yes I have that. So I guess I am fine. Thanks. Does this also mean that in the next VB dates might not move till feb 2008?

[nishant2200]

My status has been in initial review since June of this year. If you are talking about I140 approval notice, yes I have that. So I guess I am fine. Thanks. Does this also mean that in the next VB dates might not move till feb 2008?

Are you trying to imply any relationship with the case status updates and date movement? There is totally no dependency there. Clarify if you think I misunderstood.

[venkimakthal]

Agreed. H1 at this point is a safe bet. 1 yr or 3 yrs is entirely up to you (and your lawyer). Personally, my H1 expires on 11/30/2012. My PD is 8/20/2008. I will most likely be in a similar situation a year from now and i fully intend to apply for H1 followed by EAD/AP.

I also in a similar situation, my H1 expires on 6/30/2012 and my PD is 04/08/2008

[iamdeb]

Hi,

I am looking for some immediate advice regarding my wife's OPT EAD.
She has been on her post OPT EAD working on a voluntary position till her. Recently she got job offer from a big American
recruiting company who have managed to place her in a client side. However the company doesn't process H1B visa.
What are the options for her now?
Really appreciate some immediate advice on this.

Thanks,
Deb

[krishnav]

Hello All,

I had a question about Green Card. Lets say I get my EAD approved and get the card and something happens to the company that sponsored my GC and they close it. What are my options in that case?
Is my whole GC process wasted or am I safe to work for anyone at that point if I use the EAD? Please someone shed some light on this.

Thanks.

[TheTexan]

Hello folks!

I know I've asked this question before but I wanted to understand in as clear terms as possible -

My pd is 11July 2008. I have approved labor and I140 but have not eligible to file for 485. Another company will be making an offer soon.

Questions -

1) At first I'll have to transfer my H1b to the new company right?
2) If the new company is ready to apply for labor cert and assuming I get approved labor and I140, can I use my 2008 pd? If my present employer does not revoke I140?
3) Can I still use my 2008 pd even if my present employer revokes it?
4) Has anyone gone through the same experience as in not Eb3 to Eb2 but using old pd?
5) How long does labor cert take these days?


My lawyer is on vacation and will not be back until next week. I'd appreciate any help, suggestions.

Thanks,

3)

[immi2910]

Hello folks!

I know I've asked this question before but I wanted to understand in as clear terms as possible -

My pd is 11July 2008. I have approved labor and I140 but have not eligible to file for 485. Another company will be making an offer soon.

Questions -

1) At first I'll have to transfer my H1b to the new company right?
2) If the new company is ready to apply for labor cert and assuming I get approved labor and I140, can I use my 2008 pd? If my present employer does not revoke I140?
3) Can I still use my 2008 pd even if my present employer revokes it?
4) Has anyone gone through the same experience as in not Eb3 to Eb2 but using old pd?
5) How long does labor cert take these days?


My lawyer is on vacation and will not be back until next week. I'd appreciate any help, suggestions.

Thanks,

3)

1) At first I'll have to transfer my H1b to the new company right?
Yes

2) If the new company is ready to apply for labor cert and assuming I get approved labor and I140, can I use my 2008 pd? If my present employer does not revoke I140?
Yes. You should be able to use your old PD. As I understand once I-140 is approved PD is yours

3) Can I still use my 2008 pd even if my present employer revokes it?
Yes. Once I-140 is approved PD is yours. If employer withdraws you still get to keep your PD. Only when USCIS revokes I-140 due to fraud do you lose your PD

4) Has anyone gone through the same experience as in not Eb3 to Eb2 but using old pd?

5) How long does labor cert take these days?
Labor takes around 90 days once you file. Your company may have to provide proof that no Americans were available for the job and may have to do recruitment, which will need to happen before you can file.

[TheTexan]

Thanks buddy.