bradley emmanuel

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This topic seems to be gray for H1B holders. What is allowed and what is not.

* What about cases where people submit content to magazines and are paid a small amount (if published)? It is kind of funny to tell them - "you know I won't accept your $200 bucks because I am on H1B and cannot accept anything else".

This is the actual study that was referred to in this article. It seems like they just posted it? It's timing is perfect. Looks like we are going to be lucky. Let's hope so.

http://www.nfap.com/researchactivities/studies/NFAPStudyLegalImmigrantsWaitingForever052206.pdf

qualified_trash is correct: call your lawyer and discuss with him or her.

The point to note is this: When you apply for extension, you send your current i-94 copy. After sending the application in, when you travel, you get new i-94 and a new stamp in your passport. After you come back, you get your extension approved. Say you go to get your visa stamped based on your extension approval: if the consular is an astute observer, the fact that you travelled while your petition is pending will become obvious, which may lead to problems. USCIS assumes that you would not be travelling but doesn't USUALLY pause to check it with you. That is the job for the consulars who give you the stamp or those at the port of entry. Most probably, you might be asked to give copies of all the past i-94. In the case of ASHISMAITY it would be interesting to know whether that person got the stamp updated. Of course, the answer is going to add to your confusion unless you ask your lawyer.

Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.

HISTORICAL BACKGROUND OF RETROGRESSION

Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.

PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS

Employment-Based First Preference / EB1

Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).

Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.

This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.

Employment-Based Second Preference / EB2

The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.

Employment-Based Third Preference / EB3

No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.

Double Dipping

Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.

CONCLUSION

We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.

This trickling effect was already discussed. It is from murthy.com .

If your new I-797 came with a new I-94 attached at the bottom, you should be fine. Usually, if you renew H1-B past the expiration date, you are classified under "Consular Approval" and therefore must get H1B stamped into your passport the next time you leave and want to enter the US.

Even I did the same thing, MY PD was current in July Bulletin, So I applied (Premium processing) for 3 years extension based on approved 140 in Jun 2nd week and got the approval in Jun 3rd week for 3 years ...

Extrapolating the Einstein equation E =mc2 I get the following results :


EB3 June 01

EB2 Dec 2000 Your equation is wrong. It is going to be current for all EB category.

Guess the TSC filers are in great shape... ! Unfortunately, no light for TSC -> CSC -> NSC transfer cases yet.

Enjoy the weekend! :)

jazz

I had these in another thread but roughly
PD May 2006
RD 8/2/2007
ND 9/27/2007

TSC. Got the CPO email on 8/7/08. Then welcome email 8/8/08, approval notice 8/12/08. Received approval notice yesterday, cards this morning. Great start to a weekend.

Good luck to all!!

^^^^^^^^^^^^

Depends on many variables.

1. What is the field of your / your spouse's job? Can you find a good job in Canada?
2. Is there any other variables that force you to be in USA. (Relatives etc..)?

For a lot of middle category jobs Canada is even better than USA. Infact Canada is more industrial than USA and has very good quality of life. But if you are going to Canada for a "hi-tech" job, think twice..... (opportunities)..

"7 years" for US citizenship is tooo optimistic.
If you are from India, it "may" take 10 years for you to get even a Green Card, filed under EB3. Browse through the forums and you will see than many of the Indians here are waiting for more than 10 years.

-Morchu

well, that really sucks, I was not aware of the 180day rule. Many thanks for the information.

So I have no other option than start all over again. One question, can I apply directly to a new LC or PERM or I need to go thru H1B first?

My Plan B is Canada, already have Canadian Permanent Resident Card, I need to enter before May 2010....I might need to decide between just moving to Canada and in 3 years get citizenship Vs. Starting new PERM process in USA .....I will be aprox 7 years away from citizenship.


Any thoughts??

question along the same lines, any idea how much it costs to get LC via perm?

there was randon LUD's over weekends....It could be accidental that LUD happened in same week. Your lawyer should be able to do an enquiry into it...

You folks can apply for a Canadian immigration for yourself. It would take atleast 6 months. While she can live on Canadian bording city such as Windsor, and you can work in Detroit, MI. Detroit and Windsor are about 2 miles from each other, and I know many ppl who live in Windsro and work in Detroit.

We may cross 2001 and enter into begining 2002.

hi viewers,

any help will be appreciate in this matter. MY PD is June/2003 and my i-140 approved few weeks back. When can I file my 485 ? do I need to wait till PD ?

Also can I transfer to other company maintaining my approved i-140 and PD ?
What are risks involved here.

Thanks U all in advance.

What does your online status say?

It says Current Status: Case received and pending.

No Sir..Management is also included in 15-1031.00 - Computer Software Engineers, Applications. Here is quote from O*Net

"Supervise the work of programmers, technologists and technicians and other engineering and scientific personnel."

Link: http://online.onetcenter.org/link/summary/15-1031.00

Nope...this supervision is in the capacity of a senior engineer/technical resource. Once the word manager appears in the role it falls into the manager basket which I believe is is code 11.* It will probably never occur to the IO to consider job code 11 for a manager.

Perhaps there are some bold risk-takers out there willing to take chances and claim to be in code 15 although they have manager profiles, but I am not one of them.

nope

Thanks everybody for help.

I would have another question:

I don't know what to write on "Class of Admission". When I entered U.S I was on H4 but I got Ead and now I'm on Ead and my husband on H1b.

Could someone tell me please what to write.
Thank you!

And where it's written :"On a seperate sheet of paper, please explain how you qualify for advance parole document"......should I write on a blank sheet of paper that I need to visit my parents....?

Listen to
IV good reasons for joining IV
I. You don't want be waiting forever
II. You cannot make things happen alone
III. It is easier to work with a great team
IV. IV is a WINNER


.... Or whatever other four reasons you want to write