Ann Ruben
02-04 09:16 PM
Hi Prem,
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
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tdasara
08-17 11:03 AM
ashkam
How many years do they renew the license based on I-485 receipt at Malvern DMV?
Thanks
How many years do they renew the license based on I-485 receipt at Malvern DMV?
Thanks
WAIT_FOR_EVER_GC
06-24 03:19 PM
Rupert Murdoch, Mayor Bloomberg Lobby For Immigration Reform, Path To 'Legal Status' For Illegal Immigrants (http://www.huffingtonpost.com/2010/06/24/rupert-murdoch-mayor-bloo_n_623805.html)
Excellent.
Let them lobby.
Agriculture sector and Tech firms, Construction, Latinos have been lobbying for years now but nothing happened.
Immigration will be taken up during the next year. The Top Agenda is energy bill for this year. No Matter who lobbyies nothing gonna matter.
Next year if Reps gain majority in the Senate then It will be tough battle.
Amnesty will not come easy.
If the fight between reps and dems become too intense. No CIR next year either.
Adjobs,dream act,some EB relief, tough border, Fine employers may pass piece meal
which will calm down most of the Immigration lobbyist next year.
If God forbid the market does not pickup next year, jobs, housings, finance .. CIR will be nearly impossible.
Bernanke
http://www.usatoday.com/money/economy/2010-06-08-bernanke_N.htm
http://www.reuters.com/article/idUSTRE6523SN20100609
Excellent.
Let them lobby.
Agriculture sector and Tech firms, Construction, Latinos have been lobbying for years now but nothing happened.
Immigration will be taken up during the next year. The Top Agenda is energy bill for this year. No Matter who lobbyies nothing gonna matter.
Next year if Reps gain majority in the Senate then It will be tough battle.
Amnesty will not come easy.
If the fight between reps and dems become too intense. No CIR next year either.
Adjobs,dream act,some EB relief, tough border, Fine employers may pass piece meal
which will calm down most of the Immigration lobbyist next year.
If God forbid the market does not pickup next year, jobs, housings, finance .. CIR will be nearly impossible.
Bernanke
http://www.usatoday.com/money/economy/2010-06-08-bernanke_N.htm
http://www.reuters.com/article/idUSTRE6523SN20100609
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looneytunezez
04-08 04:17 PM
Employment-based: At this time the amount of demand being received in the Employment First preference is extremely low compared with that of recent years. Absent an immediate and dramatic increase in demand, this category will remain “Current” for all countries. It also appears unlikely that a Second preference cut-off date will be imposed for any countries other than China and India, where demand is extremely high. Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:
Employment Second: Demand by applicants who are “upgrading” their status from Employment Third to Employment Second preference is very high, but the exact amount is not known. Such “upgrades” are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates. While thousands of “otherwise unused” numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the “upgrades” will ultimately impact the cut-offs for those two countries. (The allocation of “otherwise unused” numbers is discussed below.)
China: none to three weeks expected through July. No August or September estimate is possible at this time.
India: One or more weeks, possibly followed by additional movement if demand remains stable. No August or September estimate is possible at this time.
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two weeks
Mexico: although continued forward movement is expected, no specific projections are possible at this time.
Philippines: three to six weeks
Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.
Allocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)
INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits. Based on current levels of demand, there will be otherwise unused numbers in the Employment First and Second preferences. Such numbers may be allocated without regard to per-country limits, once a country has reached its preference annual limit. Since under INA Section 203(e) such numbers must be provided strictly in priority date order regardless of chargeability, greater number use by one country would indicate greater demand by applicants from that country with earlier priority dates. Based on amount and priority dates of pending demand and year-to-date number use, a different cut-off date could be applied to each oversubscribed country, for the purpose of assuring that the maximum amount of available numbers will be used. Note that a cut-off date imposed to control the use of “otherwise unused” numbers could be earlier than the cut-off date established to control number use under a quarterly or per-country annual limit. For example, at present the India Employment Second preference cut-off date governs the use of numbers under Section 202(a)(5), India having reached its Employment Second annual limit; the China Employment Second preference cut-off date governs number use under the quarterly limit, since China has not yet reached its Employment Second annual limit.
The rate of number use under Section 202(a)(5) is continually monitored to determine whether subsequent adjustments are needed in visa availability for the oversubscribed countries. This helps assure that all available Employment preference numbers will be used, while insuring that numbers also remain available for applicants from all other countries that have not yet reached their per-country limit.
As mentioned earlier, the number of applicants who may be “upgrading” their status from Employment Third to Employment Second preference is unknown. As a result, the cut-off date which governs use of Section 202(a)(5) numbers has been advanced more rapidly than normal, in an attempt to ascertain the amount of “upgrade” demand in the pipeline while at the same time administering use of the available numbers. This action risks a surge in demand that could adversely impact the cut-off date later in the fiscal year. However, it also limits the possibility that potential demand would not materialize and the annual limit would not be reached due to lack of cut-off date movement.
Employment Second: Demand by applicants who are “upgrading” their status from Employment Third to Employment Second preference is very high, but the exact amount is not known. Such “upgrades” are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates. While thousands of “otherwise unused” numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the “upgrades” will ultimately impact the cut-offs for those two countries. (The allocation of “otherwise unused” numbers is discussed below.)
China: none to three weeks expected through July. No August or September estimate is possible at this time.
India: One or more weeks, possibly followed by additional movement if demand remains stable. No August or September estimate is possible at this time.
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two weeks
Mexico: although continued forward movement is expected, no specific projections are possible at this time.
Philippines: three to six weeks
Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.
Allocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)
INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits. Based on current levels of demand, there will be otherwise unused numbers in the Employment First and Second preferences. Such numbers may be allocated without regard to per-country limits, once a country has reached its preference annual limit. Since under INA Section 203(e) such numbers must be provided strictly in priority date order regardless of chargeability, greater number use by one country would indicate greater demand by applicants from that country with earlier priority dates. Based on amount and priority dates of pending demand and year-to-date number use, a different cut-off date could be applied to each oversubscribed country, for the purpose of assuring that the maximum amount of available numbers will be used. Note that a cut-off date imposed to control the use of “otherwise unused” numbers could be earlier than the cut-off date established to control number use under a quarterly or per-country annual limit. For example, at present the India Employment Second preference cut-off date governs the use of numbers under Section 202(a)(5), India having reached its Employment Second annual limit; the China Employment Second preference cut-off date governs number use under the quarterly limit, since China has not yet reached its Employment Second annual limit.
The rate of number use under Section 202(a)(5) is continually monitored to determine whether subsequent adjustments are needed in visa availability for the oversubscribed countries. This helps assure that all available Employment preference numbers will be used, while insuring that numbers also remain available for applicants from all other countries that have not yet reached their per-country limit.
As mentioned earlier, the number of applicants who may be “upgrading” their status from Employment Third to Employment Second preference is unknown. As a result, the cut-off date which governs use of Section 202(a)(5) numbers has been advanced more rapidly than normal, in an attempt to ascertain the amount of “upgrade” demand in the pipeline while at the same time administering use of the available numbers. This action risks a surge in demand that could adversely impact the cut-off date later in the fiscal year. However, it also limits the possibility that potential demand would not materialize and the annual limit would not be reached due to lack of cut-off date movement.
more...
voldemar
06-25 09:26 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!
Agree. Ask lawyer to file on Saturday June 30 with overnight delivery.
Agree. Ask lawyer to file on Saturday June 30 with overnight delivery.
yabadaba
06-22 09:43 AM
any responce
if u have tb... u have bigger problems than 485
if u have tb... u have bigger problems than 485
more...
smisachu
06-08 03:28 PM
Hi
I wanted to know how long it took for I-140 approval. I also got Labor by PERM filed in Dec05 and will be filing I-140, EB2.
Thanks
I wanted to know how long it took for I-140 approval. I also got Labor by PERM filed in Dec05 and will be filing I-140, EB2.
Thanks
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krustycat
03-06 12:03 PM
No actually its seems different from the receipt numbers which usually starts with SRC-xxxxxxxxxx
This one seems different like : PIT-xxxxxxxxxxTSC
It doesn't seems to work anywhere.
It's a typical service request. They filed your claim.
PIT = city in where you live (Pittsburgh maybe?)
xxxxxxxxxx = 10 numbers for your reference
TSC = Center processing your application or where you sent the original I-765.
The claim gives they 60 days to get back to you with a reply. Usually is useless, they're only taking extra time to have you calmed.
I've had my applications lost for 7 months. I filed a SR also. Nothing happened.
I still have 4 applications lost from 12.
This one seems different like : PIT-xxxxxxxxxxTSC
It doesn't seems to work anywhere.
It's a typical service request. They filed your claim.
PIT = city in where you live (Pittsburgh maybe?)
xxxxxxxxxx = 10 numbers for your reference
TSC = Center processing your application or where you sent the original I-765.
The claim gives they 60 days to get back to you with a reply. Usually is useless, they're only taking extra time to have you calmed.
I've had my applications lost for 7 months. I filed a SR also. Nothing happened.
I still have 4 applications lost from 12.
more...
kish006
12-23 04:40 PM
To my surprise, we just received both EAD & AP with corrected information. The mail room person did put in a folder and sent it overnight DHL. Sweet!
Hi,
I too got my EAD and AP with incorrect pictures. I thought I got my AP and book the ticket on Jan 16.
I dont what to do now. Please help what to do.
I f I apply now i will get my AP in time before I leave to India.
What need to do now.
Thanks in advance
Hi,
I too got my EAD and AP with incorrect pictures. I thought I got my AP and book the ticket on Jan 16.
I dont what to do now. Please help what to do.
I f I apply now i will get my AP in time before I leave to India.
What need to do now.
Thanks in advance
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arjun007
02-07 10:17 PM
No .. I did not submit my i-94 while leaving for Canada...
more...
BPforGC
07-15 10:24 AM
I am in Houston and if you plan to organize a rally, I am in.
I believe by the end of this fiasco, Emilio Gonzalez will resign. This will definitely get more attention and lead to more reforms in EB category.
Guys, its plain and simple. Without techies and scientists like us, they know, that US cannot be world's technological superpower. Period.
I believe by the end of this fiasco, Emilio Gonzalez will resign. This will definitely get more attention and lead to more reforms in EB category.
Guys, its plain and simple. Without techies and scientists like us, they know, that US cannot be world's technological superpower. Period.
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TeddyKoochu
02-04 08:10 PM
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
IVAR congratulations once again to you and your family, enjoy the green and free life to the fullest now.
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
IVAR congratulations once again to you and your family, enjoy the green and free life to the fullest now.
more...
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kumarc123
11-06 03:44 PM
Thanks for your comment,
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sledge_hammer
05-15 07:12 AM
^^^^
more...
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daishwarya
07-23 02:06 PM
@linuxra: Did you get an RFE on your I485??
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chris
02-08 11:05 PM
Did you contacted congressman or opened any SR's ?
I'm also in the same boat. Cases after me are getting approved.:)
I'm also in the same boat. Cases after me are getting approved.:)
more...
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spam
01-04 12:08 AM
Hi,
I just joined this forum. It really looks neat for just 4 days of existence..
In my view, we need to really differentiate this forum from lot others out their, the name of which I don't have to mention. One way of doing that would be making this an "action forum" than another information forum. As a starting point we should have clear vision and mission statements.
Vision should be strong and action oriented. Not like "helping the immigrant community." I would propose " Inspiring/Organizing legal immigrants to realize/understand their rights and play their part in securing/achieving them.." or something like that.
Mission statement should be the priorities (again actions/tasks/goals) per year, set in the beginning of every year..
I propose the following for this year:
1. Making sure Retro relief is put in and passed in the Immigration reform bill
2. Identify and tie-up with at least 2 high power partners
3. Some relief for people affected by FBI name check -- This could be long shot, but I am putting it anyway because it is close to my heart:-))
4. Others..
I will stop my onslaught and get ready to hear your good/bad comments..
Thanks
I just joined this forum. It really looks neat for just 4 days of existence..
In my view, we need to really differentiate this forum from lot others out their, the name of which I don't have to mention. One way of doing that would be making this an "action forum" than another information forum. As a starting point we should have clear vision and mission statements.
Vision should be strong and action oriented. Not like "helping the immigrant community." I would propose " Inspiring/Organizing legal immigrants to realize/understand their rights and play their part in securing/achieving them.." or something like that.
Mission statement should be the priorities (again actions/tasks/goals) per year, set in the beginning of every year..
I propose the following for this year:
1. Making sure Retro relief is put in and passed in the Immigration reform bill
2. Identify and tie-up with at least 2 high power partners
3. Some relief for people affected by FBI name check -- This could be long shot, but I am putting it anyway because it is close to my heart:-))
4. Others..
I will stop my onslaught and get ready to hear your good/bad comments..
Thanks
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pou-pou
06-06 01:30 PM
the one lovely green is there a few times :love:
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rheoretro
11-09 11:39 AM
Now that the restrictionists blew the election for the Republicans, they're desperately trying to rally their remaining troops and keep up their morale using immigration scare tactics....
If the Dems could vote against HR 4437 and for S 2611 in an election year and still win the majority, whose going to care for this piece of S#*t?
Another interesting observation: Its back to being called a Bush-McCain-Kennedy Amnesty....not the Reid-Kennedy Amnesty...
�* Mark Krikorian is executive director of the Center for Immigration Studies and an NRO contributor.
Nice work, purgan. Center for Immigration studies has long been opposed to legal immigration (in that it wants to decrease numbers). I personally can't stand Steve Camarota's sick/twisted views...
Interestingly enough, this article appeared in NR, founded by none other than Bill Buckley, himself, the arch conservative. Somehow these guys don't get it...
If the Dems could vote against HR 4437 and for S 2611 in an election year and still win the majority, whose going to care for this piece of S#*t?
Another interesting observation: Its back to being called a Bush-McCain-Kennedy Amnesty....not the Reid-Kennedy Amnesty...
�* Mark Krikorian is executive director of the Center for Immigration Studies and an NRO contributor.
Nice work, purgan. Center for Immigration studies has long been opposed to legal immigration (in that it wants to decrease numbers). I personally can't stand Steve Camarota's sick/twisted views...
Interestingly enough, this article appeared in NR, founded by none other than Bill Buckley, himself, the arch conservative. Somehow these guys don't get it...
pappu
02-03 07:39 PM
Congratulations.
rb_248
04-10 04:41 PM
USCIS RELEASES PRELIMINARY NUMBER OF FY 2009 H-1B CAP FILINGS
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.
USCIS expects next week it will conduct the computer-generated random selection process, beginning with the selection of the 20,000 petitions under the advanced degree exemption. Those petitions not selected under the advanced degree category will join the random selection process for the cap-subject 65,000 limit.
USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless found to be a duplicate. USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register. USCIS will provide regular updates as the processing of FY 2009 H-1B cap cases continues.
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.
USCIS expects next week it will conduct the computer-generated random selection process, beginning with the selection of the 20,000 petitions under the advanced degree exemption. Those petitions not selected under the advanced degree category will join the random selection process for the cap-subject 65,000 limit.
USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless found to be a duplicate. USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register. USCIS will provide regular updates as the processing of FY 2009 H-1B cap cases continues.
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