snram4
01-16 01:31 PM
Accepting regulations does not mean to prevent Indians to come here. I can tell many examples. There are many bodyshoppers get h1B and make the persons to sit on bench in India or USA. I know some persons come here 1 year after getting h1b. But many reputed companies those who are real need of people could not get H1b as Cap was reduced. Putting restrictions on on bodyshoppers will improve H1b usage and wastage can be eliminated. And will make h1b program legitimate.
Wow so ungrateful.
You make hole in the same vessel you eat.
You came to this country only because of a desi bodyshopper. Otherwise with your qualifications you cannot even dream of coming to USA on your own.
Unless you are IIT or IIM.. or some top engineering college, it is highly difficult for someone to come to USA on H1B and take a permanent job. The other route is to come for studies.
So after coming here by showing your desperation to earn dollars with an NIIT diploma or some shady donation college degree you came via a body shopper. You made a choice in life fully knowing what you are doing. Now you left your bodyshopper and want to hurt him and feel happy for the rule because you do not want others like you to come to US of A via bodyshoppers.
You know why? Because you do not want other Indians to come behind you and compete with you for jobs.
Learn to live and let live. Din't they teach you in India as an Indian value. Good luck with your greencard.
Wow so ungrateful.
You make hole in the same vessel you eat.
You came to this country only because of a desi bodyshopper. Otherwise with your qualifications you cannot even dream of coming to USA on your own.
Unless you are IIT or IIM.. or some top engineering college, it is highly difficult for someone to come to USA on H1B and take a permanent job. The other route is to come for studies.
So after coming here by showing your desperation to earn dollars with an NIIT diploma or some shady donation college degree you came via a body shopper. You made a choice in life fully knowing what you are doing. Now you left your bodyshopper and want to hurt him and feel happy for the rule because you do not want others like you to come to US of A via bodyshoppers.
You know why? Because you do not want other Indians to come behind you and compete with you for jobs.
Learn to live and let live. Din't they teach you in India as an Indian value. Good luck with your greencard.
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chantu
03-30 10:55 AM
I believe there were some junkies called Left were holding the Govt and MMS as hostages.... Thats why there is no reform...
snathan....do you really believe MMS runs the govt on his own? Do you really think there is no interference of any family in the decision making? Our PM, MMS in the last 5 years never visited all the states in the country. He never established contact with aam aadmi. MMS needs certificate from Rahul Gandhi that he is doing a good job. The person who has self respect will never become PM in these circumstances. MMS is holding PM's chair until Rahul Gandhi becomes "mature" enough to rule..yes rule..because this family has always ruled the nation and never governed it.
No person with self respect will ever vote for this party and their chaprasis.
snathan....do you really believe MMS runs the govt on his own? Do you really think there is no interference of any family in the decision making? Our PM, MMS in the last 5 years never visited all the states in the country. He never established contact with aam aadmi. MMS needs certificate from Rahul Gandhi that he is doing a good job. The person who has self respect will never become PM in these circumstances. MMS is holding PM's chair until Rahul Gandhi becomes "mature" enough to rule..yes rule..because this family has always ruled the nation and never governed it.
No person with self respect will ever vote for this party and their chaprasis.
shukla77
05-29 04:38 PM
Following is my small idea
-Let us only 100-150 people work on this. More than that is unlikely among us united high skilled immigrants:)
- Send 5 letters every weekend.Send one letter to president and 4 to different senators/House of rep..Not email but regular mail.
-continue on this for next 3 months
( Key is to keep doing this every weekend 3-4 Months)
To start with i suggest on having a separate quota (not counted towards 140,000) for Masters/PhD students. That should ease most of the pain.
If anybody has other bright ideas, feel free
Channel your outrage on a positive action item
-Let us only 100-150 people work on this. More than that is unlikely among us united high skilled immigrants:)
- Send 5 letters every weekend.Send one letter to president and 4 to different senators/House of rep..Not email but regular mail.
-continue on this for next 3 months
( Key is to keep doing this every weekend 3-4 Months)
To start with i suggest on having a separate quota (not counted towards 140,000) for Masters/PhD students. That should ease most of the pain.
If anybody has other bright ideas, feel free
Channel your outrage on a positive action item
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lordoftherings
07-12 11:39 AM
It seems after reading all this that canada maynot be for all aspirants. You need to know somebody already there and should have strong family ties before you land. Or better get a job offer from a company first or acceptance offer from an university if you want to enter as a student.
Just my thoughts.....
lotr
Just my thoughts.....
lotr
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nrk
09-15 04:42 PM
By seeing numbers, i am seeing a ray of hope with in one year i should hear some good news. Thanks for the R&D of all IV members
Here are my Estimate of pending EB2 India case for give years
<=2004 2000
2005 10000
2006 13000
2007(july) 5000
==============
Total 30000
==============
This number is very close to Ron Gocthers number prediction a few months back (minus sept approvals).
Collaboration on visa quota data/analysis - Page 6 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/8419-collaboration-on-visa-quota-data-analysis-6.html)
Pending as of 15 July 2009 145000
EB2 50000
EB3 94000
EB2India (2.4/3.5 EB2) 35714
We can use the LCA number and come close these numbers as well
2005
EB2 India LCA for 2005 = RIR (3000) + PERM (60% of 7290) ~ 7400
Assuming 20% abandon applicant we get = 5900
1.2 dependent per applicant give ~ 13000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 5% cross-charageability we get => pending 10000 pending I-485 application for 2005
2006
India PERM applications = 18000
EB2 India PERM applications (60%) = 10800
Assuming 20% abandon applicant we get = 8640
1.2 dependent per applicant give ~ 19000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 10% cross-charageability we get => pending 13000 pending I-485 application for 2006
So if we see spillover of more than 30K the date will move beyond July 2007.
Here are my Estimate of pending EB2 India case for give years
<=2004 2000
2005 10000
2006 13000
2007(july) 5000
==============
Total 30000
==============
This number is very close to Ron Gocthers number prediction a few months back (minus sept approvals).
Collaboration on visa quota data/analysis - Page 6 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/8419-collaboration-on-visa-quota-data-analysis-6.html)
Pending as of 15 July 2009 145000
EB2 50000
EB3 94000
EB2India (2.4/3.5 EB2) 35714
We can use the LCA number and come close these numbers as well
2005
EB2 India LCA for 2005 = RIR (3000) + PERM (60% of 7290) ~ 7400
Assuming 20% abandon applicant we get = 5900
1.2 dependent per applicant give ~ 13000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 5% cross-charageability we get => pending 10000 pending I-485 application for 2005
2006
India PERM applications = 18000
EB2 India PERM applications (60%) = 10800
Assuming 20% abandon applicant we get = 8640
1.2 dependent per applicant give ~ 19000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 10% cross-charageability we get => pending 13000 pending I-485 application for 2006
So if we see spillover of more than 30K the date will move beyond July 2007.
file485
02-06 12:55 PM
for the cases in pipeline nothing can be done..they r just saved...but now atleast people will step back to buy LCs approved...and consulting companies wont file file LCs in the hundreds...
USCIS dint know about the desi consulting companies r the kind 'if we give them place at the feet...they r ready to cut the throat...!'
they shud have done it long ago...Anyway better late than never....!!
USCIS dint know about the desi consulting companies r the kind 'if we give them place at the feet...they r ready to cut the throat...!'
they shud have done it long ago...Anyway better late than never....!!
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GCBy3000
11-09 10:11 AM
Well said. These kind of feelings are general for human beings. But thinking and worrying about any problem is not going to fetch you anything. If anyone has problem, then they have to start thinking about a solution. This is help them to overcome the the real problem. Thinking and worrying about it will make the problem wrost.
Every human being is having two virtual circles in his entire life. The inner circle is circle of influence on which you have full control and outer one is circle of concern on which you dont have any control. You cannot change the weather(outer circle). Worrying about how cold or hot is not going to help you, but you can wear adequate clothing(inner circle with your control) to over come it.
So think what you can do with what you have in your control. This will bring peace and happiness in your life and eventually will enable you to overcome big issues in simple way.
Ok now for BASHERS: IF YOU DONT LIKE, PLS IGNORE IT. I should add this in my signature.
This discussion can go on and on. Here is my take.
* US is one of the countries people are flocking into. Even lots of people from UK, Australia and Canada come here to settle.
* Given this, whenever there are opportunities to lure people in, there will be takers and people who sell (like preapproved labor). If USCIS puts a stop on preapproved labor, then there will be other avenues to take advantage of.
You may have others in your field/company who are less-educated than you, younger than you and earning more than you, so can you lose sleep over it? No! It is part of life.
Just focus your energies on IV and its adoption. :)
Every human being is having two virtual circles in his entire life. The inner circle is circle of influence on which you have full control and outer one is circle of concern on which you dont have any control. You cannot change the weather(outer circle). Worrying about how cold or hot is not going to help you, but you can wear adequate clothing(inner circle with your control) to over come it.
So think what you can do with what you have in your control. This will bring peace and happiness in your life and eventually will enable you to overcome big issues in simple way.
Ok now for BASHERS: IF YOU DONT LIKE, PLS IGNORE IT. I should add this in my signature.
This discussion can go on and on. Here is my take.
* US is one of the countries people are flocking into. Even lots of people from UK, Australia and Canada come here to settle.
* Given this, whenever there are opportunities to lure people in, there will be takers and people who sell (like preapproved labor). If USCIS puts a stop on preapproved labor, then there will be other avenues to take advantage of.
You may have others in your field/company who are less-educated than you, younger than you and earning more than you, so can you lose sleep over it? No! It is part of life.
Just focus your energies on IV and its adoption. :)
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kshitijnt
04-01 07:59 PM
Some time back when I asked my chinese colleagues to join IV they commented that immigrationvoice.org is an "indian" immigration forum...
No wonder they felt that way.
So if stop discussing this thread, will they join us?
No wonder they felt that way.
So if stop discussing this thread, will they join us?
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sk2006
08-17 01:07 AM
TSA/CBP officers are no angels and are known to be rude to passengers at times. Having said that, I think we are all over reacting to SRK incident. Even the famous American Ted Kennedy had to face similar situation. GOI should lay off this incident.
Sen. Kennedy Flagged by No-Fly List (http://www.washingtonpost.com/wp-dyn/articles/A17073-2004Aug19.html)
Would Khan have fared better as Kennedy? (http://timesofindia.indiatimes.com/news/world/us/Would-Khan-have-fared-better-as-Kennedy/articleshow/4899589.cms)
If Sen Kennedy can be flagged who the hell is SRK. He is nothing but an actor and there are thousands of them.
Imagine an Indian celebrity getting flagged in India or an indian Politician gets flagged and questioned.
The questioning officer would be suspended or transfered the next day.
Sen. Kennedy Flagged by No-Fly List (http://www.washingtonpost.com/wp-dyn/articles/A17073-2004Aug19.html)
Would Khan have fared better as Kennedy? (http://timesofindia.indiatimes.com/news/world/us/Would-Khan-have-fared-better-as-Kennedy/articleshow/4899589.cms)
If Sen Kennedy can be flagged who the hell is SRK. He is nothing but an actor and there are thousands of them.
Imagine an Indian celebrity getting flagged in India or an indian Politician gets flagged and questioned.
The questioning officer would be suspended or transfered the next day.
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vpadman
02-13 10:17 AM
Somebody suggested earlier that we should all contact our lawyers , and ask why they have not filed lawsuits yet.
I think the reason for this is quite simple. Lawyers are happy with the current system, so that they can continue to charge money, consulting fees etc.
Do you guys really think lawyers care about it? They are happy charging $200 for a 15 minutes consultation.
I have nothing against the lawyers, they are running a business and need to maximize profit.
I think the reason for this is quite simple. Lawyers are happy with the current system, so that they can continue to charge money, consulting fees etc.
Do you guys really think lawyers care about it? They are happy charging $200 for a 15 minutes consultation.
I have nothing against the lawyers, they are running a business and need to maximize profit.
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_TrueFacts
09-05 03:27 AM
It seems like YSR was a very evil man. We must celebrate now that he has died.
Good riddance to bad rubbish.
Just as we celebrate Ravana's death with sweets and lights. Good riddance ... good for AP.
Good riddance to bad rubbish.
Just as we celebrate Ravana's death with sweets and lights. Good riddance ... good for AP.
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smari
03-29 05:05 PM
H1-B transfer petition pending. Could I enter Canada for PR and comeback to US with old H1-B (not stamped) and receipt notice for transfer petition. Any suggestions?
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test101
07-04 11:31 AM
I tried xls, and txt. it wont upload.i have total 655 contacts. The file size is small but still it wont upload on the iV site.
someone pls tell me how to upload , i have now an .xls file of media contacts, about 931k in size.
someone pls tell me how to upload , i have now an .xls file of media contacts, about 931k in size.
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vdlrao
07-24 08:53 PM
I am expecting a quick forward movement in the EB2 India/China category in the next year bulletins.
We have found out that we have about 10 times increase in EB2 India visa numbers from our calculations. I doubt it whether any attorney had any idea better than us, about the numbers we are getting for EB2 India/China from horizontal spill overs. In Ron's post he is no where mntioned any numbers other than saying that CIS is not able to process these many applications. I would be more than happy if some body in our forum posts, the "visa numbers calculations" we have done in this thread, into to his website.
Theres no doubt in the EB2 India/China will catch up current very soon. This is inevitable. There might be a mild retrogression for a very short span of time in the next few bulletins. But after that the dates will run like catching up the Current.
We have found out that we have about 10 times increase in EB2 India visa numbers from our calculations. I doubt it whether any attorney had any idea better than us, about the numbers we are getting for EB2 India/China from horizontal spill overs. In Ron's post he is no where mntioned any numbers other than saying that CIS is not able to process these many applications. I would be more than happy if some body in our forum posts, the "visa numbers calculations" we have done in this thread, into to his website.
Theres no doubt in the EB2 India/China will catch up current very soon. This is inevitable. There might be a mild retrogression for a very short span of time in the next few bulletins. But after that the dates will run like catching up the Current.
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BharatPremi
09-25 06:05 PM
Pre-adjudication means that this particular case can be approved because everything else (Biometrics, Name-checks and all other checks/documentation) is in place - but a Visa Number is not available to approve case and issue GC
Earlier, USCIS wouldnt even touch a file and complete checks if the PD wasnt current. Now they pre-adjudicate - meaning they look at the case and determine if the case can be approved if the PD were current.....
Assigning a Visa Number is basically same as giving GC...once a visa number is assigned, all they have to do is order the production of the physical card...which happens in a few days and in another couple of weeks you actually get the card
Agree..about the clear definition of Pre-adjudication. But main question was about the accurate count of "Real pending" 485 which equals to "other pending" + "preadjudicated" + "awaiting cutomer response" + "new receipt" when you refer to USCIS's trend/volume charts.
While the other worksheet in the thread seems to be depicting the closet values to "other pending" of a trnd chart so that worksheet can not be considered authentic for a total count of "real pending" 485 cases.
Earlier, USCIS wouldnt even touch a file and complete checks if the PD wasnt current. Now they pre-adjudicate - meaning they look at the case and determine if the case can be approved if the PD were current.....
Assigning a Visa Number is basically same as giving GC...once a visa number is assigned, all they have to do is order the production of the physical card...which happens in a few days and in another couple of weeks you actually get the card
Agree..about the clear definition of Pre-adjudication. But main question was about the accurate count of "Real pending" 485 which equals to "other pending" + "preadjudicated" + "awaiting cutomer response" + "new receipt" when you refer to USCIS's trend/volume charts.
While the other worksheet in the thread seems to be depicting the closet values to "other pending" of a trnd chart so that worksheet can not be considered authentic for a total count of "real pending" 485 cases.
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richana
07-30 12:02 PM
Why are the idiots in here hating on me, sending me pm's and giving me red, it was con(sensual)....lol. You can hate on me but I got it and yes the wine was a very nice 2004 cask cab sauv
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gc_kaavaali
01-22 02:01 PM
I pity people who have coming to USA is foremost objective. In my case, i came to USA 7 years ago. Atleast i earned few bucks. But people who are dreaming about USA and taking education loans with the intention to payoff once they land in USA. It also includes people coming here on F1 with intention to work here. I feel really sorry!!!
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at0474
12-13 01:23 PM
"Fairness or not is not the issue. Question is can it be challenged in a court? "
--I guess fairness is the issue and that is what you are asking for by challenging the court.
"As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."
--To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.
--I guess fairness is the issue and that is what you are asking for by challenging the court.
"As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."
--To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.
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Jerrome
09-17 09:53 AM
Hi this is the following # of approved PERM for India by month-wise.
Month EB (INDIA) # Approved
Jan,05 0
Feb,05 0
Mar,05 1
Apr,05 24
May,05 133
June,05 535
July,05 794
Aug,05 1313
Sep,05 1316
Oct,05 1212
Nov,05 1541
Dec,05 1771
Jan,06 1788
Feb,06 1729
Mar,06 2224
Apr,06 1635
May,06 1876
June,06 1902
July,06 1574
Aug,06 1317
Sep,06 963
Received_Date is the priority Date
- You could see there are cases approved in Year 2006 which are submitted in 2005. So you have to consider them.
As someone else already mentioned you can not calculate the #s from October 2006 onwards as there is no Received_date column in the msaccess datatabase file.
But in 2007 Access database file the approved date is last quarter of 2006 files there, so you have to assume the # of approvals based on that.
Month EB (INDIA) # Approved
Jan,05 0
Feb,05 0
Mar,05 1
Apr,05 24
May,05 133
June,05 535
July,05 794
Aug,05 1313
Sep,05 1316
Oct,05 1212
Nov,05 1541
Dec,05 1771
Jan,06 1788
Feb,06 1729
Mar,06 2224
Apr,06 1635
May,06 1876
June,06 1902
July,06 1574
Aug,06 1317
Sep,06 963
Received_Date is the priority Date
- You could see there are cases approved in Year 2006 which are submitted in 2005. So you have to consider them.
As someone else already mentioned you can not calculate the #s from October 2006 onwards as there is no Received_date column in the msaccess datatabase file.
But in 2007 Access database file the approved date is last quarter of 2006 files there, so you have to assume the # of approvals based on that.
minimalist
05-11 10:23 PM
As a person you are offended that I made comment based on what you said in one post without considering your whole lifestory. India's history is out there for everybody to see and most educated indians know pretty well what kind of a nation India is.
However, you managed to compare India with Nazi Germany. Great job. Based on 1 incident, you managed to slam a great nation like India. But when it comes to you you want many factors considered. Why the double standard?
Then there are some wacko job politician from TN that says if Prabhakaran is hurt , they will separate from India. All they need is read back to early years of post independence India and a person named Vallabh Bhai Patel. There are still people with similar capacity in India, that will bring such wacko jobs and their supporters in control.
Remember, same goes true for the wacko jobs from Maharashtra too who say Maharashtra is for Marathi's.
Don't compare 1971 Bangladesh with current day Srilanka, if you can think straight.
Flag burnig is a criminal offense in India, just FYI.
Technically I can change my country of citizenship any number of times in my life (cannot, if struck like this GC limbo) or even religion but I cannot change my ethnicity even once because I'm born into it.
I agree Sri Lanka is a sovereign country but why did India poke its nose on the pre-1971 Pakistan and created a new country Bangladesh. Is there a different standard for different people with the Indian govt policies?
Even If I had not got the opportunity to come this great nation United States of America, land of free and country of brave, I would have done whatever I could in India to help the beleaguered Sri Lankan Tamils and protested against the policies of Govt of India toward this issue.
I�m upfront about showing my resentment towards my country of birth and I �don�t show false patriotism/nationalism towards India like other Pseudo-Nationalists, who internally betray India at any moment and ready to change their nationality at the next opportunity but externally portray that they are the guardian of India and it is their soul. I currently live in a country, where even burning the national flag is considered a form of protest, if someone thinks that expressing resentment to India or protesting against her policy is unpatriotic, grow up guys.
You can say whatever you want and judge me in your point of view, I�m not going to argue about it because you don�t live a life of a Indian Tamil with hands tied of being called a terrorist, when you support Sri Lankan Tamil cause, and you cannot understand the relationship we (Tamils from India) have with the Sri Lankan Tamils, besides the people (including small babies and even some in the womb), who are getting killed in Sri Lanka by the Sri Lankan government are not your kith and kin.
You don�t know me, and you don�t know what positive things me and my family has done and doing to the people of India, particularly to the farming community and you don�t know what I�m doing to rectifying issues (whatever I�m working on)�..you should be careful when making these kind of statements on person you don�t know anything about except one comment on this thread.
However, you managed to compare India with Nazi Germany. Great job. Based on 1 incident, you managed to slam a great nation like India. But when it comes to you you want many factors considered. Why the double standard?
Then there are some wacko job politician from TN that says if Prabhakaran is hurt , they will separate from India. All they need is read back to early years of post independence India and a person named Vallabh Bhai Patel. There are still people with similar capacity in India, that will bring such wacko jobs and their supporters in control.
Remember, same goes true for the wacko jobs from Maharashtra too who say Maharashtra is for Marathi's.
Don't compare 1971 Bangladesh with current day Srilanka, if you can think straight.
Flag burnig is a criminal offense in India, just FYI.
Technically I can change my country of citizenship any number of times in my life (cannot, if struck like this GC limbo) or even religion but I cannot change my ethnicity even once because I'm born into it.
I agree Sri Lanka is a sovereign country but why did India poke its nose on the pre-1971 Pakistan and created a new country Bangladesh. Is there a different standard for different people with the Indian govt policies?
Even If I had not got the opportunity to come this great nation United States of America, land of free and country of brave, I would have done whatever I could in India to help the beleaguered Sri Lankan Tamils and protested against the policies of Govt of India toward this issue.
I�m upfront about showing my resentment towards my country of birth and I �don�t show false patriotism/nationalism towards India like other Pseudo-Nationalists, who internally betray India at any moment and ready to change their nationality at the next opportunity but externally portray that they are the guardian of India and it is their soul. I currently live in a country, where even burning the national flag is considered a form of protest, if someone thinks that expressing resentment to India or protesting against her policy is unpatriotic, grow up guys.
You can say whatever you want and judge me in your point of view, I�m not going to argue about it because you don�t live a life of a Indian Tamil with hands tied of being called a terrorist, when you support Sri Lankan Tamil cause, and you cannot understand the relationship we (Tamils from India) have with the Sri Lankan Tamils, besides the people (including small babies and even some in the womb), who are getting killed in Sri Lanka by the Sri Lankan government are not your kith and kin.
You don�t know me, and you don�t know what positive things me and my family has done and doing to the people of India, particularly to the farming community and you don�t know what I�m doing to rectifying issues (whatever I�m working on)�..you should be careful when making these kind of statements on person you don�t know anything about except one comment on this thread.
muni_k
07-08 06:44 PM
I am in the 6th year of my H1b.expires end august 2008.I have applied for I-140 in may of 2008 after my labor got audited and finally approved in may2008.My labor application was in sept 2008.I can probably recapture the time spent outside the country to take it past 1 year of labor certificate application(in order to apply for H1b extension).can i avail of premium processing for my i140 to get a possible 3 year extension or not.to me it seems not given that as per USCIS website :
USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:
Whose sixth year will end within 60 days;
Who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
Who are ineligible to extend their H-1B status under section 106(a) of AC21.
Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.
USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:
Whose sixth year will end within 60 days;
Who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
Who are ineligible to extend their H-1B status under section 106(a) of AC21.
Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.