Do I have any hope through Michigan?

B

Buntu

Registered Users (C)
I am on H1B and have consumed 3 years 6 months on H1B, So I have only about 2 years and 6 months remaining on my H1b.

My LC in EB2 was field by my EX Employer in NJ in EB2 RIR it was approved and later my I-40 was also approved by VSC in June 2001, but I had to leave my Employer.
I joined a Company in Michigan, recently and my Employer is not ready to file my LC in EB2 he is going to file in EB3(RIR) ONLY with in 10 days, I know that Michigan SESA takes about 9 months to clear LC then Federal DOL Chicago takes about 4-5 months. I hope it will take about 15 months to get my LC cleared and then I-140 NSC will take 3-4 months, but I will be in EB3 and Backlog is diffidently going to be there for India EB3 because all 245(I) cases which were filed before April 39th 2001 all are in EB3. Many say that backlog is coming with vengeance and it will be for minimum2 years for EB3 for India.

I may not be able to recapture my PD my using my earlier approved I-140 by my pat employer, I know he has not cancelled it but when I asked the layer of my Past employer to give me copy of approved I-140 he refused and said that he can give the copy if my Ex employer instructs him and I am not in good terms with him. I have only the copy of RECIEPT notice of my I-140.

I know that now SESA and DOL are also very strict for LC.

Do I still stand a Chance to get Green Card or I should stop thinking about GC?
Thanks in advance
 
Similar situation

My sister-in-law is in the exact same situation in Michigan.

Michigan SESA takes about 10 months. After that, DOL Chicago takes about 3 months. The I-140 is taking about 2-3 months in Chicago.

The only unknown in the equation is the priority date being current. I don\'t know how you found out that most of the 245(i) cases are EB3, but if that is true and if the priority date gets backed up, then you could still be on H-1, but on one-year extensions (assuming LC and 140 are cleared).

That\'s where we are. Maybe others in Michigan would like to add their experiences.
 
No Title

I have read in some of the immigration web sites that they are planning to start a single step premium processing for
(I-140 & 485) some time this spring...it will certainly help to speed up the process...and also i have seen some guys getting mi-lc
in 6 months and dol-chicago in 3 months
 
No Title

Do not worry. It may take lesser time than that. And the priority dates are not going to retrogress very soon. SO go ahead and apply for it. We were in a similar situation and we have got through. Have hope. And you will definitely get it.

Best wishes
Raj
 
Apply ASAP...

Apply asap at the worst case you can make use of the h1-exetension beyond 6-yrs...with the new rules you can extend ur h1 in the increments of 1 year if you have filed for LC and 365 days have passed and if you have your 140 approved you can extend h1 beyond 6-years in the increments of 3-yrs
 
No Title

I hope you can get exetention for ONLY one year increments once you have your LC filed before 365 days + you have your I-140 filed or Approved, you can NOT get 3 years if you have I-140 approved still you will get 1 year extentions till your I-485 is not approved.
If I am wrong please correct me.
 
Please read

Thanks to all who responded to my concern

glakes 3/1/02 11:57 AM
(#2 of 4)
I have read in some of the immigration web sites that they are planning to start a single step premium processing for
(I-140 & 485)

 I have read the same but still they have not published Final AC21 act it is more than a year so I do not see that they will do that 1-i40and I-485 at same time in near future. For the PERM LC they are saying since 2 years but nothing has happened.
Buntu
----------------------
I have read the followings from diffrent web sites of Lawyers.
 
AG Ashcroft appeared before the Senate seeks $40 million to begin implementation of the Administration\'s comprehensive restructuring of the Immigration and Naturalization Service,
 NOBODY knows when he will get 40 million.
----------------
The Visa Office of the U.S. Department of State earlier predicted that the priority dates for employment-based categories may remain "current" up through the end of this Fiscal Year, which is September 30, 2002.

Same may not be true with the Year 2003. Next year, so many dramatic and drastic changes are scheduled by the government agencies, which will affect one way or another the priority date movement. First, early next year, the U.S. Department of Labor is scheduled to launch a new permanent labor certification program which is named "PERM." The DOL promises that the processing of qualified labor certification will take only one week rather than months or years. Consequently, a massive number of approved labor certification will start flowing into the INS processing system. Second, the Bush Administration\'s newly released FY 2003 INS budget proposal predicts that the INS processing times of applications will be reduced to 6 months by the end of FY 2003, which is September 30, 2003. What it means is that more numbers of I-485 approvals will be produced in a given time, taking away the employment-based immigrant visa numbers fast. Third, the INS has been considering either Premium Processing Services for I-140 or concurrent filing of I-140 and I-485, which will also dramatically change the processing time. The INS has also actively pushing "on-line" filing system which may become reality either next year or following year. Remember that there is a legislative mandate to automate adjudication process by 2003. Additionally, by April 30, 2001, the DOL received close to 300,000 labor certification cases to take advantage of 245(i) benefit. These cases are currently crawling in a snail-pace at the level of the State labor offices, SWAs (formerly called SESAs). They are mostly EB3, However, late next year, a huge number of these cases will start moving into the Service Centers\' production lines.
These upcoming changes will bring a mixed bag to different groups of employment-based immigration applicants. Early bird applicants may take advantage of a shorter processing time at all level of the proceedings. However, late starters may encounter priority date problems because of the massive number of immigrant visa numbers which will be taken out as affected by the reengineering of labor and immigration proceedings. It is interesting to learn how the Visa Office of the U.S. Department of State will predict for the priority date movements in the later part of the Year 2003.
It is also a unknown factor how return of the H-1B annual quota to 65,000 (currently 195,000) on October 1, 2003 and conclusion of the ongoing negotiation of Mexican immigration program will play out in the pressumre on employment-based immigration quota system in the upcoming years.
This web site will continue to monitor the reengineering process, its impact on immigration system, and related issues and development. Please stay tuned to this web site.
 
Hello Bunto H1-Beyond 6Yrs Scenario 1 & Scenario 2..hope this makes sense

H-1B beyond 6 years
Scenario 1
Effective October 17, 2000, The American Competitiveness in the Twenty-First Century Act(AC21), enables H-1B non-immigrants with approved I-140 petitions who are unable to file Adjustment of Status because of per-country limits, to be eligible for extend their H-1B non-immigrant status until their application for adjustment of status has been adjudicated(approved or denied). You can extend your H-1B status even beyond maximum 6 years of authorized stay, provided you have an employment based greencard petition filed on your behalf in an either EB1, EB2 or EB3 categories and you are not eligible to file your Adjustment of Status application only because you are from a country for which priority date is not current, which is usually the case with applicants from India or China.

Please note that H-1B extension given for the above listed reason would be made in increments of 3 years.

The status of a dependent of an H-1B non-immigrant is derivative of and linked to the status of the principal H-1B non-immigrant. Therefore, dependents are eligible for H-4 status upon filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with the filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B non-immigrant.

 
Scenario 2
Effective October 17, 2000, The American Competitiveness in the Twenty-First Century Act(AC21), permits H-1B non-immigrants to obtain an extension of H-1B status beyond 6-year maximum period, when
the H-1B non-immigrant is the beneficiary of an employment based (EB) immigrant petition (I-140) or an application for Adjustment of Status ; and
365 days or more have passed since the filing of a labor certification application, Form ETA -750, that is required for the alien to get employment based greencard, or 365 days or more have passed since the filing of the EB immigrant petition(I-140).
H-1B non-immigrant in above mentioned scenario can get extensions of H-1B non-immigrant visa status in increments of 1 year at a time, until a final decision is made on the H-1B non-immigrant\'s greencard.

Note that the adjustment application, labor certification, or visa petition need not necessarily have been pending for a year to obtain this benefit. The only requirement is that 365 days have passed since filing of the labor certification or immigrant visa petition.

In order for an H-1B non-immigrant to receive an extension of stay beyond the maximum 6-year limit, a petitioner must file a Form I-129 on behalf of the non-immigrant beneficiary. The petitioner may be either the beneficiary\'s current employer or a new employer. Usual rules and fees of filing an H-1B petitions apply.

The status of a dependent of an H-1B non-immigrant is derivative of and linked to the status of the principal H-1B non-immigrant. Therefore, dependents are eligible for H-4 status upon filing of an H-1B petition on behalf of the principal alien, and the filing of a Form I-539 with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B non-immigrant.
 

Current regulations authorize employment with the existing employer after a request for extension of H-1B status in above situations(beyond 6 years) is filed. The alien in this case is employment authorized but the I-9 form contains no provision for this authorization, so that an employer can demonstrate I-9 compliance for H-1B aliens. Employers should follow the documentation procedures they currently use for an extension of this sort. Typically, this involves attaching a copy of the receipt notice for the extension along with a copy of the alien\'s I-94 to the I-9 kept on file.
 
You must log in or register to reply here.
Top