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nixstor
10-27 04:06 PM
Nah.. I think the talk to power guys skim the whole thing and ask him questions. He didnt even ask him about these issues. Now its Sen Brownback
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vinzak
06-16 12:10 PM
I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435
if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435
As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.
I'm curious to know, what recapture means, when it seems visas have not been lost.
The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642
So are we trying to recapture 271k visas from this calculation?
If the experts could shed some light on this, that would be great.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435
if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435
As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.
I'm curious to know, what recapture means, when it seems visas have not been lost.
The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642
So are we trying to recapture 271k visas from this calculation?
If the experts could shed some light on this, that would be great.
pitha
07-12 10:40 PM
Please dont gets your hopes too high. I am not saying this out of scepticism but out of the depression and pain I experienced on july 2 when the evil uscis said they will reject all 485 applications.
I understand the good natured thought behind IV stating this possibility of "good news", but they should have held off on the announcement until it was confirmed. So many people are unnecessarily getting excited. god forbid if this news fails tommorow I can only imagine the pain the people would experience.
I can only pray and I will pray without getting excited.
I understand the good natured thought behind IV stating this possibility of "good news", but they should have held off on the announcement until it was confirmed. So many people are unnecessarily getting excited. god forbid if this news fails tommorow I can only imagine the pain the people would experience.
I can only pray and I will pray without getting excited.
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Bolt
04-08 10:55 PM
Hi Anand /Snathan,
Could you guys please update me what happ with your cases etc. i found an employer for h1b transfer and did that on 30th of march 2009 thru premium processing. today again the status has been changed and got an RFE. will find out what was the RFE about etc. God should help me....
Could you guys please update me what happ with your cases etc. i found an employer for h1b transfer and did that on 30th of march 2009 thru premium processing. today again the status has been changed and got an RFE. will find out what was the RFE about etc. God should help me....
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JunRN
07-16 11:43 PM
LC filing- No
I-140 filing and onwards- Yes
Thanks!!! This is what I know as well. Anyway, different lawyers have different advise. I just need to confirm some information that I got from my lawyer.
I-140 filing and onwards- Yes
Thanks!!! This is what I know as well. Anyway, different lawyers have different advise. I just need to confirm some information that I got from my lawyer.
Aah_GC
06-25 06:21 PM
You are good to go. For your own satisfaction browse through some of the knowledge bank in this website and answers for similar queries.
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gc_check
02-13 04:34 PM
Hello All,
I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.
I am recently moving over to a new consulting opportunity which my employer has showed me which is corp – corp with prime vendor in between…
I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved… I need couple of suggestions if somebody could advice
� Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee – employer relationship in terms of H1 processing and travelling to india
OR
� Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date…..
I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..
Thanks,
What do you mean 485 not approved, Have you already applied 485 and pending. If that is the case, you can join using EAD and continue GC process, no need to restart GC. Also you had mentioned restart GC, if 485 has not been filed, in this case, you had mentioned you will be doing H1 transfer /use AC21 to get H1 extension for beyond 6 years based on your approved I-140, As long as all goes well, you will be fine, H1 transfer + start new GC right away and you can retain your PD since the I-140 is approved. But, if the new company delays GC / Perm filing for some reason and if the old company revokes I-140, then you will be in trouble. Also any future H1 transfer / extension will entirely depend on the mew labor pending beyond a year or approved I-140. Not to discourage you, but you need to consider all facts and have a plan B, if your long term goal is migrate permanently to US as well as, progress in your career. This might sometimes means, taking calculative risks and also compromising on some.
I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.
I am recently moving over to a new consulting opportunity which my employer has showed me which is corp – corp with prime vendor in between…
I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved… I need couple of suggestions if somebody could advice
� Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee – employer relationship in terms of H1 processing and travelling to india
OR
� Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date…..
I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..
Thanks,
What do you mean 485 not approved, Have you already applied 485 and pending. If that is the case, you can join using EAD and continue GC process, no need to restart GC. Also you had mentioned restart GC, if 485 has not been filed, in this case, you had mentioned you will be doing H1 transfer /use AC21 to get H1 extension for beyond 6 years based on your approved I-140, As long as all goes well, you will be fine, H1 transfer + start new GC right away and you can retain your PD since the I-140 is approved. But, if the new company delays GC / Perm filing for some reason and if the old company revokes I-140, then you will be in trouble. Also any future H1 transfer / extension will entirely depend on the mew labor pending beyond a year or approved I-140. Not to discourage you, but you need to consider all facts and have a plan B, if your long term goal is migrate permanently to US as well as, progress in your career. This might sometimes means, taking calculative risks and also compromising on some.
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sanjay02
10-17 08:24 PM
Thanks do I need to specifically tell the immigration officer at port of entry to make a copy?
pooja_34
Junior Member
Join Date: Dec 2006
Posts: 14
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
pooja_34
Junior Member
Join Date: Dec 2006
Posts: 14
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
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gc_on_demand
05-21 10:50 AM
Folks ...
IV needs more Non AOS filler members to work on any fix that will help non AOS filler. We need to come up with solid number and group to have solid campaign ( Including more funcding drive and participant for campaign ) . Plesae take a time and update poll. I also ask senior member including CORE leader to participate in poll. We non AOS filler are getting idea on how big our strength is and what can be done for next 6 months to get some sort of relief to this NON AOS FILLER as well as AOS filler.
IV needs more Non AOS filler members to work on any fix that will help non AOS filler. We need to come up with solid number and group to have solid campaign ( Including more funcding drive and participant for campaign ) . Plesae take a time and update poll. I also ask senior member including CORE leader to participate in poll. We non AOS filler are getting idea on how big our strength is and what can be done for next 6 months to get some sort of relief to this NON AOS FILLER as well as AOS filler.
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vsattri
07-14 12:12 PM
Question is when was the application posted. 11 th july seems to be the date they processed the application. Not necessarily the recpt date.
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hopefulgc
03-28 06:29 PM
I wanted to find out if the past donations made by people like me are good enough to get us donor status. But I have only landed with circuitous answers to this issue.
Honestly, I couldn't give less tail about the donor status. What I really care about is being up-to-date with what is happening so that I can lend a helping hand in ways I can.
It seems like maybe some action is going down in the donor forums and ppl like us are left to wonder what is up. I don't think anyone cares to even post updates,albeit delayed, in the open forums about what is happening. It is just making for a really dry experience with IV lately.
What gives?
Honestly, I couldn't give less tail about the donor status. What I really care about is being up-to-date with what is happening so that I can lend a helping hand in ways I can.
It seems like maybe some action is going down in the donor forums and ppl like us are left to wonder what is up. I don't think anyone cares to even post updates,albeit delayed, in the open forums about what is happening. It is just making for a really dry experience with IV lately.
What gives?
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whiteStallion
03-04 07:52 PM
You can also expand your family .
This is the best advice I've seen :p:p:p
This is the best advice I've seen :p:p:p
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Bogdan
10-22 01:15 PM
I signed a I-9 form in 2005. At that time, I indeed was on a marriage based EAD because I had an I-485 pending, which later I withdrew and went for H1B. Since then, nobody talked to me about changing the I-9 (I should have thought about it though). However, I provided them with a H1B copy when it was issued.
Since HR mentioned that my EAD expired and they needed a new one, it is clear that they were not refering to the old EAD (marriage based I-485), since that one expired in 2006. So somehow the lawyers, to whom I gave a copy of the EAD last year (they requested it), forwarded the EAD to HR.
Of course HR can change my status in their records now (by renewing the I-9?), but I am worried about the damage is done already and my H1B is invalidated. I don't know how I can find that out.
However, as I said, I did not sign any I-9 to confirm the H1B status, neither I did for the EAD (employment based I-485 pending). Given this circumstance, do I need to re-validate my H1B? I guess HR should have asked me to complete a new I-9 for the H1B. I am thinking USCIS colects the I-9's periodically so that they know how I worked, am I correct?
Since HR mentioned that my EAD expired and they needed a new one, it is clear that they were not refering to the old EAD (marriage based I-485), since that one expired in 2006. So somehow the lawyers, to whom I gave a copy of the EAD last year (they requested it), forwarded the EAD to HR.
Of course HR can change my status in their records now (by renewing the I-9?), but I am worried about the damage is done already and my H1B is invalidated. I don't know how I can find that out.
However, as I said, I did not sign any I-9 to confirm the H1B status, neither I did for the EAD (employment based I-485 pending). Given this circumstance, do I need to re-validate my H1B? I guess HR should have asked me to complete a new I-9 for the H1B. I am thinking USCIS colects the I-9's periodically so that they know how I worked, am I correct?
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ohio boy
09-27 11:59 PM
After a lots of effort I got chance to meet the great man J.B. Wow he was very nice. I told hime everything and showed the FedEx print out which he signed for the 485 delivery.
He appologised several times and went inside to the mail room after 40 minutes he came with a +'ve result with another appologies for his mistake. He told that the some of the packages are piled under the desk (hiding for the eyes) and he coudn't move the packages to clearks room. He moved a bunch of fedEx package to the clearks room, and took mine seperate from the bunch and put a note to the cleark saying his mistakes.
I thanked him and went to hotel room, after couple of hours I got call from MR.J.B and gave the receipt # for my whole family. I thanked him for the courtosy and afternnon I again I went to meet J.B and thanked again and tiped around $ 100, suddenly he started yelling at me...oh man..this was my fault, and u tiping for Nonsence....I got panicked and start sweating....
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.Then I got up from my bed, I don't know what happend after that, could anyone please help me to findout what happend?
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Oh I had a nice dream, Is'nt?....:)
Folks I was frustrated and no one is to cheer up me, So I made this and no bad intensions, Sorry if I hurt anyone.
He appologised several times and went inside to the mail room after 40 minutes he came with a +'ve result with another appologies for his mistake. He told that the some of the packages are piled under the desk (hiding for the eyes) and he coudn't move the packages to clearks room. He moved a bunch of fedEx package to the clearks room, and took mine seperate from the bunch and put a note to the cleark saying his mistakes.
I thanked him and went to hotel room, after couple of hours I got call from MR.J.B and gave the receipt # for my whole family. I thanked him for the courtosy and afternnon I again I went to meet J.B and thanked again and tiped around $ 100, suddenly he started yelling at me...oh man..this was my fault, and u tiping for Nonsence....I got panicked and start sweating....
.
.
.
.
.
.
.
.
.
.
.
.
.
.Then I got up from my bed, I don't know what happend after that, could anyone please help me to findout what happend?
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.
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Oh I had a nice dream, Is'nt?....:)
Folks I was frustrated and no one is to cheer up me, So I made this and no bad intensions, Sorry if I hurt anyone.
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Leo07
05-20 01:53 PM
Let's also help...people who did not file for AOS yet!!!
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jnraajan
01-14 05:08 PM
I have done it once. It all depends on your relationship with your current employer. If they are ok with it, you shouldnt have any problems.
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solaris27
12-07 08:53 AM
you can get 3 years extesion
change this lawer , he do't kow aything or trying to save company money .
change this lawer , he do't kow aything or trying to save company money .
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calboy78
07-28 01:59 PM
Kewl, so, its a dead mass update, No worries, thanks, Thread can be closed
What does "dead mass update" mean ? btw I am EB2 with PD in APR 04 and I got soft LUD on my approved 140, and APs on July 27.
What does "dead mass update" mean ? btw I am EB2 with PD in APR 04 and I got soft LUD on my approved 140, and APs on July 27.
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abhay
01-20 09:16 AM
Thanks Ann for responding.
RFE was for I-485, Priority date is Aug 2006. I-140 is approved.
RFE was asking to show that I was in valid visa status between 1997 and 2000, but surprisingly, I came to US only in 2000 that too on 2 business VISAs so I never worked in US until 2001. My Lawyer sent an affdavit stating that I was not in US between 1997 and 2000 and I was on business VISA on two occasions in 2000, also letter said that if they wanted we could send them the copies of stampings on the passport.
Thanks again.
RFE was for I-485, Priority date is Aug 2006. I-140 is approved.
RFE was asking to show that I was in valid visa status between 1997 and 2000, but surprisingly, I came to US only in 2000 that too on 2 business VISAs so I never worked in US until 2001. My Lawyer sent an affdavit stating that I was not in US between 1997 and 2000 and I was on business VISA on two occasions in 2000, also letter said that if they wanted we could send them the copies of stampings on the passport.
Thanks again.
usirit
07-01 02:40 PM
20K = Using an attorney for H1B Visa, 4 H4, Renewal of H1B Visa + 4 H4, Sponsorship Company got bought and change name = Re-Issuing H1B Visa, PERM Process....
But still.... people ask why illegals just don't come here legally?????? :mad:
20K ...is that what it cost you so far ??? that is way too expensive ..
I agree how can a poor laborer afford such fees ?
But still.... people ask why illegals just don't come here legally?????? :mad:
20K ...is that what it cost you so far ??? that is way too expensive ..
I agree how can a poor laborer afford such fees ?
sunny1000
05-15 01:55 PM
Hi, Guys:
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Since your current extn application is still pending, your new visa stamp would bear the june30 date, as far as I know. Talk to an attorney.
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Since your current extn application is still pending, your new visa stamp would bear the june30 date, as far as I know. Talk to an attorney.
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