rajmalhotra
02-08 04:46 PM
This refers to only duplicate filling through same employer, there are no rules for applying multiple fillings through multiple employers:
"Mr. Aytes expressed concern that people might file duplicate petitions in order to increase their chances under the randomized selection, and USCIS plans to issue a regulation to prevent such duplicative filings. If an employer filed another petition with a minor change in the salary or the worksite, it would be considered a duplicative petition. Mr. Aytes warned that both petitions would get rejected"
From www.immigration-law.com
---------------------------------
01/28/2008: Risk of Multiple Filing of FY 2009 H-1B Cap Cases
� Question: We run an IT consulting business for the employers and are scheduled to file a number of FY 2009 H-1B cap cases in coming April 2008. I understand that in FY 2008 H-1B cap filing, employers filed multiple H-1B petitions for the same foreign worker for the same position and some were successful in obtaining H-1B in the lottery. What are the chances that the same opportunity may be available in FY 2009 H-1B cap filing?
� Discussion: The USCIS is predicting that the FY 2009 H-1B cap numbers are likely to run on the first day, April 1, 2008, Tuesday. It is also obvious that the agency may have to go through a random selection lottery process again this year. The USCIS recognizes the problem of multiple petition filing for the same employees by the same employers and has released an information that this year the agency intends to sort out such multiple filings and reject or deny all of them. It must be a challenging task for the Service Centers to undertake such work, but it is obvious that unlike the previous year, the risk of filing multiple petitions by the same employer for the same employee for the same positions will be substantially high since the USCIS has been developing so-called "account system" of immigration benefits processing and adjudication. No one knows how far the agency has gone to develop the account system. One of the accounts the agency was expected to develop was to develop the employer account databases.
� However, there is a legal issue as to whether the USCIS can either reject or deny the multiple H-1B petitions for a given alien by the multiple different employers for different positions. Such multiple filings will not give any benefit to a given employer, but from the perspectives of the alien employees, the chance of random selection may increase substantially. It is uncertain whether the agency will expand their policy against the multiple filings by the multiple employers, but in the event they adopt such policy, the agency may face legal challenge in courts by the U.S. employers. From each employer's perspectives, it may be construed an illegal deprivation of their rights to petition for a required foreign worker, particularly when each employer had no knowledge of other employers' filing of the H-1B petitions for the same employee. Interesting question to watch ahead.
This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.
http://immigrationvoice.org/forum/showthread.php?t=16188
"Mr. Aytes expressed concern that people might file duplicate petitions in order to increase their chances under the randomized selection, and USCIS plans to issue a regulation to prevent such duplicative filings. If an employer filed another petition with a minor change in the salary or the worksite, it would be considered a duplicative petition. Mr. Aytes warned that both petitions would get rejected"
From www.immigration-law.com
---------------------------------
01/28/2008: Risk of Multiple Filing of FY 2009 H-1B Cap Cases
� Question: We run an IT consulting business for the employers and are scheduled to file a number of FY 2009 H-1B cap cases in coming April 2008. I understand that in FY 2008 H-1B cap filing, employers filed multiple H-1B petitions for the same foreign worker for the same position and some were successful in obtaining H-1B in the lottery. What are the chances that the same opportunity may be available in FY 2009 H-1B cap filing?
� Discussion: The USCIS is predicting that the FY 2009 H-1B cap numbers are likely to run on the first day, April 1, 2008, Tuesday. It is also obvious that the agency may have to go through a random selection lottery process again this year. The USCIS recognizes the problem of multiple petition filing for the same employees by the same employers and has released an information that this year the agency intends to sort out such multiple filings and reject or deny all of them. It must be a challenging task for the Service Centers to undertake such work, but it is obvious that unlike the previous year, the risk of filing multiple petitions by the same employer for the same employee for the same positions will be substantially high since the USCIS has been developing so-called "account system" of immigration benefits processing and adjudication. No one knows how far the agency has gone to develop the account system. One of the accounts the agency was expected to develop was to develop the employer account databases.
� However, there is a legal issue as to whether the USCIS can either reject or deny the multiple H-1B petitions for a given alien by the multiple different employers for different positions. Such multiple filings will not give any benefit to a given employer, but from the perspectives of the alien employees, the chance of random selection may increase substantially. It is uncertain whether the agency will expand their policy against the multiple filings by the multiple employers, but in the event they adopt such policy, the agency may face legal challenge in courts by the U.S. employers. From each employer's perspectives, it may be construed an illegal deprivation of their rights to petition for a required foreign worker, particularly when each employer had no knowledge of other employers' filing of the H-1B petitions for the same employee. Interesting question to watch ahead.
This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.
http://immigrationvoice.org/forum/showthread.php?t=16188
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sukhwinderd
08-22 02:41 PM
you can renew your DL by showing a copy of H1 receipt and letter from employer regd employment. DL office clerks dont know this so your lawyer might have to call their supervisor. take your 140 along as well, actually all the documents.
one of my co-workers got it renewed based on H1 receipt. and we are in FL.
one of my co-workers got it renewed based on H1 receipt. and we are in FL.
morchu
04-27 05:18 PM
No. Applying for new H1-visa-stamp at a consulate, invalidates your existing H1-visa-stamp.
If the new visa is not granted or somehow one goes into 221(g)
waiting for some check, what happens then? Can you still come back on current visa?
Thanks.
If the new visa is not granted or somehow one goes into 221(g)
waiting for some check, what happens then? Can you still come back on current visa?
Thanks.
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curiosity_76
12-29 04:26 PM
Let's do something together, and let the government aware of our problem.
Let's get more and more people in and make our voice heard!
Let's get more and more people in and make our voice heard!
more...
rajpatelemail
02-13 01:11 AM
H1B - LCA Related Issues - How can we save ourselves ???
HI
I guess everybody know by now that ICE arrested 11 H1 workers(Yes , it is 11 H1 employees) mainly due to mail fraud/wire fraud, and these frauds are resulted due to the fact that these H1 employees are not working at LCA mentioned location.
I am starting this thread to discuss what we can do to save ourselves from LCA related issues.
** LCA is very important and H1 b employees should work as per LCA - Period.
Location, job and every thing should be as per LCA. No questions.
I am afraid, most of the H1b guys do not even have LCAs with them.
** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.
Please throw your suggestions to make our H1 system clean and save H1 employees.
HI
I guess everybody know by now that ICE arrested 11 H1 workers(Yes , it is 11 H1 employees) mainly due to mail fraud/wire fraud, and these frauds are resulted due to the fact that these H1 employees are not working at LCA mentioned location.
I am starting this thread to discuss what we can do to save ourselves from LCA related issues.
** LCA is very important and H1 b employees should work as per LCA - Period.
Location, job and every thing should be as per LCA. No questions.
I am afraid, most of the H1b guys do not even have LCAs with them.
** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.
Please throw your suggestions to make our H1 system clean and save H1 employees.
ivjobs
11-08 09:10 PM
Another group with help of IV, to suck the blood by sponsoring H1s...
Believe me , at least 80% of this so called enterpreneurs will end up like present H1/desi employers/blood sucking companies
Of course 20% will be real good with clean intentions.
I bet...As i saw so many people in the same manner.
My close friends got GC and now sucking people with H1s , after just registering LLC with state secretary by paying 100$ reg fees and filing few H1s with INS
Well let us assume this group has people in that 20% too..
Believe me , at least 80% of this so called enterpreneurs will end up like present H1/desi employers/blood sucking companies
Of course 20% will be real good with clean intentions.
I bet...As i saw so many people in the same manner.
My close friends got GC and now sucking people with H1s , after just registering LLC with state secretary by paying 100$ reg fees and filing few H1s with INS
Well let us assume this group has people in that 20% too..
more...
pmb76
09-05 09:30 PM
I finally got my AP, 15 days after my EAD (100 days total) . I was happy to open the packet, until this......
THEY SENT ME MY AP WITH SOMEONE ELSE'S PICTURE!!!!!!!
Everything else is Correct (address, DOB, A# etc...)
GURUS, please advise what should I do...... I am so pissed!!!!! Thankfully my EAD has the correct pic.... I had done an E-file....June 7th and my previous AP expires Sept 20
Do ypu remember that Seinfeld episode where Costanza airbrushes off himself from the picture in Kruger's office. You could try something similar.. Just kidding :D. My sympathies are with you dear friend. Murphy's law always holds true when it comes to dealing with USCIS.
THEY SENT ME MY AP WITH SOMEONE ELSE'S PICTURE!!!!!!!
Everything else is Correct (address, DOB, A# etc...)
GURUS, please advise what should I do...... I am so pissed!!!!! Thankfully my EAD has the correct pic.... I had done an E-file....June 7th and my previous AP expires Sept 20
Do ypu remember that Seinfeld episode where Costanza airbrushes off himself from the picture in Kruger's office. You could try something similar.. Just kidding :D. My sympathies are with you dear friend. Murphy's law always holds true when it comes to dealing with USCIS.
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GCard_Dream
02-22 11:38 PM
I wasn't aware of that. Thanks for the clarification.
a large number of thsoe "extra" GC were schedule A recaptures and did not affect most applicants. so really it was by profession not by country.
a large number of thsoe "extra" GC were schedule A recaptures and did not affect most applicants. so really it was by profession not by country.
more...
nviren
10-30 12:14 PM
Hi,
On my and my wife's AP cases, we got an update today. It says on 10/30 USCIS mailed the documents to applicant.
I take that as approved. I guess the AP docs go to attorney's office, correct?
Thanks
On my and my wife's AP cases, we got an update today. It says on 10/30 USCIS mailed the documents to applicant.
I take that as approved. I guess the AP docs go to attorney's office, correct?
Thanks
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learning01
05-10 11:48 AM
immi2006
That's what we need to do in these forums.
You see, I tried to follow the second link; it didn't work. I tried the first link. It took me to a web site that is totally disorganized and poorly built; I dont have time to navigate and see what you posted about.
After this second corrected post, I follow the link. It is NOT about the CIR and the logjam; it is an attempt to arrive at an agreement to have a working methodology to verify and check illegal immigrants.
Hence, my title: please read and post your opinion, instead of just posting thie links or the story.
That's what we need to do in these forums.
You see, I tried to follow the second link; it didn't work. I tried the first link. It took me to a web site that is totally disorganized and poorly built; I dont have time to navigate and see what you posted about.
After this second corrected post, I follow the link. It is NOT about the CIR and the logjam; it is an attempt to arrive at an agreement to have a working methodology to verify and check illegal immigrants.
Hence, my title: please read and post your opinion, instead of just posting thie links or the story.
more...
h1bnogc
07-13 08:27 PM
thanks raysaikat for your response.
In your opinion, F1/F2/B1/B2 is not option to keep GC process alive.
I can not apply 485 if I am in India.
please tell me what are options then? Any Senior member or Attorney, please respond to this query.
thanks!
In your opinion, F1/F2/B1/B2 is not option to keep GC process alive.
I can not apply 485 if I am in India.
please tell me what are options then? Any Senior member or Attorney, please respond to this query.
thanks!
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bomber
08-16 06:28 PM
Does anyone have any idea what the code stands for.
485 RD 7/2
ND 7/30
FP date 8/28 for both me any my husband
FP code 3
Code 3 means "Fingerprinting, signatures and photos will be taken"
485 RD 7/2
ND 7/30
FP date 8/28 for both me any my husband
FP code 3
Code 3 means "Fingerprinting, signatures and photos will be taken"
more...
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desi3933
02-18 11:28 AM
Thanks desi3933 for correcting me and posting the link. But, I know a couple of instances where they got the RFE/NOID for the same reason. But, I am sure they will eventually get approved if they go for MTR as this was addressed in Yates Memo.
I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...
>> I have a question, is 'memo' same as law?
No. these memorandums do not have the force of law and apply only to USCIS officers, not to immigration judges.
>> Can the IO come back and say its not in the law?
No. See above.
These issues are more complicated.
______________________
Not a legal advice.
US citizen of Indian origin
I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...
>> I have a question, is 'memo' same as law?
No. these memorandums do not have the force of law and apply only to USCIS officers, not to immigration judges.
>> Can the IO come back and say its not in the law?
No. See above.
These issues are more complicated.
______________________
Not a legal advice.
US citizen of Indian origin
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Legal
07-16 08:39 AM
I am not sure how important the processing dates update, If you look in , there are many approvals whose processing dates are well beyond Jul 17 (for TSC). This makes me question what is the processing date updates mean?
It means ALL the cases filed before 7/17/07 have been processed, doesn't mean they are not working on cases beyond july 17th.
It means ALL the cases filed before 7/17/07 have been processed, doesn't mean they are not working on cases beyond july 17th.
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bablata2007
11-27 03:36 PM
May be I wasnt clear in my query. Here is the situation:
I am on 8th yr H1B extension. Got my LC approved, got EAD, finger printing done. So now just waiting for 485 to be approved. And if I lose my job to a layoff.....what are my options?
So an H1B transfer will still work out in my case?
I am on 8th yr H1B extension. Got my LC approved, got EAD, finger printing done. So now just waiting for 485 to be approved. And if I lose my job to a layoff.....what are my options?
So an H1B transfer will still work out in my case?
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sanatshah
10-12 12:20 PM
My I-485 reached to NSC on July 17th. Still waiting on RN.:(
more...
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akhilmahajan
04-23 09:00 AM
I have the approval from DOL which my company sent with me, and also the Receipt of I140 which they got after my I140 was filed.
I was just curious, where it can be found, under which category my GC is being processed.
As you said the DOL web site, can you tell me what the url will be, and where to look at.
I will really appreciate that.
Thanks.
I was just curious, where it can be found, under which category my GC is being processed.
As you said the DOL web site, can you tell me what the url will be, and where to look at.
I will really appreciate that.
Thanks.
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ashishgour
09-10 11:11 PM
Ordered 2 T-shirts n 2 IV Caps..
See u all in DC..
See u all in DC..
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Jerrome
04-08 02:56 PM
Total EB2 Primary applicants 21,843 (http://www.dhs.gov/ximgtn/statistics/publications/LPR07.shtm)
EB2 ROW and EB2 Mexico were current full last year.. So take out 3000 visas for primary. It leaves 17000 Primary to share between India and China.
Even if it is 50% share, it would be 8500 primary applicants for india and china.
Still the PD for India did not move beyond December 2003.
I don't know man.. How many pending applications are there before 2004 for india EB2.
EB2 ROW and EB2 Mexico were current full last year.. So take out 3000 visas for primary. It leaves 17000 Primary to share between India and China.
Even if it is 50% share, it would be 8500 primary applicants for india and china.
Still the PD for India did not move beyond December 2003.
I don't know man.. How many pending applications are there before 2004 for india EB2.
shirish
08-15 03:16 PM
One of my friend wa sin a similer situation, he received RFE though. He had indications of TB in his child hood, so the doc had done the x-ray directly, no TB test for him. He got an RFE in june. He replied with the TB test and he got his GC in july (around end of july)
leonqiu
06-14 09:06 PM
What do you mean by AP and EAD delayed? Once you have applied for your 485 and all things considered OK, you should get your AP and EAD. If dates retrogress again, you will have to keep renewing your AP and EAD till you get your GC. How long it will take to get AP and EAD? Right now, I believe it will take a lot longer, maybe upto 6 months given the load of apps. they will receive.
looks like the sooner you submit the package, the better !!! even if I don't harbor any hope to get my GC before mid-2008.
Status:
PD: May 2006
I-140 approved.
EB-2
looks like the sooner you submit the package, the better !!! even if I don't harbor any hope to get my GC before mid-2008.
Status:
PD: May 2006
I-140 approved.
EB-2
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