Sensenbrenner

archrke- 6 th year capture

In the past it was not sure if folks can capture vacation time, it was case to case depending on the period of time. now if u stayed 1 day outside US, even this is eligible for capture.

Also, as a positive suggestion research a little bit before asking questions that folks have replied, it saves everyone sometime... for now, let us focus on s1932 discussion, this is what is going to determine your future in USA, labor and 140 are of little consequence without s1932 and 8001 success.. !!!
 
What I meant to say thru the infamous ecuation:
2(H1B)+Extension+Retrogression= Illegal Alien (or Home)
was that despite we are perfectly legal, due to the Damn Retrogression sooner or later we all are going to became either
illegals or will have to go back home!
Sorry if I bothered anyone, but to avoid that is why we are fighting against Retrogression!
 
archkre,

Don't know how times we have got to tell you. Please don't tell us that we're illegal aliens because of this retrogression. Because I filed my labor much before the 5th year of H1B, I am legally allowed to indefinitely extend my H1B till the I-140 and I-485 are decided one way or the other. There is no way that I would be considered illegal.

Please take the time understand this immigration process. Upon reading your quotes, other people who are well aware of the process might come to the same conclusion as you.
 
S Siva:In your specific case you are safe, but many of us not, and I know
many people perfectly legal who in short time are going to be "out of status", because that extension for H1b thru I-140 is only valid when it has more than one year with no resolution!
 
As long as you have your job and your company keeps extending your H1B you are legal.

I am on my 8th year extension and my LC has been pending for almost 3 years. I am legal. My company will extend my visa for a 9th, 10th, etc years till i have received my EAD.

Once you lose your job or your H1B is not extended you have leave. Overstaying at that point of time makes you illegal.
 
Why when my employer asked for my extension of second H1B, USCIS
only granted it for 2 months then?
 
So you completed first 3 years and then applied for the second 3 year extension. Instead of getting 3 years you got 2 months. Is that a right assessment?

If so and not knowing how the immigration authorities work, and barring any miscommunication/mishaps on your end, i would say you should go back to your attorney and ask why you only got 2 months and not the full 3 years.

But that has nothing to do with the discussion here. I wish i had the right/complete answer but at times nobody understands what goes on with the immigration folks. That's why the attorney's get paid the big bucks.
 
No,after my second H1B period, and not having presented I-140 yet, my att'y. applied for extension and USCIS granted me only 2 month!
 
We may be going over things you have already mentioned before but anyway... did you start your LC 1 year before the end of your 6th year on H1B?
 
Another "pearl" by Sensenbrenner:

House Judiciary Committee Passes Boldfaced Attack on Due Process, Floor Action Imminent

Cite as "AILA InfoNet Doc. No. 05120840 (posted Dec. 8, 2005)"

The House Judiciary Committee, on 12/8/05, approved by a vote of 23-15 the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H.R. 4437), enforcement-only legislation sponsored by Committee Chairman F. James Sensenbrenner (R-WI). The bill will move to the House floor next week. This bill is even more dangerous than we imagined it would be, and contains numerous egregious provisions including those that would: criminalize unlawful presence; strip the courts of much of their remaining jurisdiction over immigration matters; gut the due process rights of aliens, permanent residents and United States citizens; expand expedited removal; broaden the definition of alien smuggling to include family members, employers and immigrant advocates; expand the definition of aggravated felony; create new grounds of deportability and inadmissibility; increase mandatory detention; militarize the border; and place limitations on eligibility for naturalization.

We simply cannot allow this bill to pass. The results for both immigrants and U.S. citizens would be disastrous. Let your Representative know that the House is heading down a dangerous and misguided path, and urge your Senators and Representative to support a realistic, comprehensive approach to immigration reform. Send a letter to your elected officials today or call your Representative’s office, using the letter on Contact Congress as the basis for your talking points. HR 4437 is the wrong solution to our immigration challenges, and we need your immediate help to defeat it.
 
archkre....i just feel pity for you......if you are in a mess right now you are equally responsible...., dont tell me that if my attorney will ask me to wait till my 6th year to file my labor.....i am going to listen to him and wait....

come on man....dont you have any awareness......you are supposed to be educated....,could you not read on internet how things work.....

and btw why do u have such soft corner for illegal immigrants??..........would you like if uninvited guests pitch their tents in your front yard....what will u do...u will call cops....and what will cops treat them like....criminals right??..
 
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Archke no offence but everyone on this forum very very strongly opposes illegal immigration. So i would strongly advise you not to promote that topic in any way. About your current situation, u shud either change ur lawyer and keep faith in God.
 
archkre

Archkre,

I am now suspecting you are not a victim of retrogrssion, you are trying to test other's patience and mental strength.

If you were honest, you would not be sending our posts like this, i would see a worried "archkre" thinking on logical basis like other responsible folks. techy2468 and all of us are trying to be of help to you, you seem to be indulging on our precious time by saying "Take medication" or All h1s are illegals etc...

The way you seem to be indirectly supporting illegal immigrants, cannot see the difference bet a H1 employee and illegals;; cannot distinguish between a legal and illegal tells me you do not have the best interest of "Retrogression Factor" instead you want to make fun and enjoy a joke at the expense of the retrogression victims. if I were you, I would be more sensitive to it.

I do not want you to think I am advising, I am being very honest in my opinion, yes i am also a affected h1 - retrogression victim (not a illegal alien as you defined earlier in one of your posts) , I have a Btech from IIT, MS and PhD froma top univ in US, due to my pre-occupation with my work, I never applied for GC earlier, so i am kind of stuck. Well, I would wait for a few months, if not I already have a offer for a faculty position at IIsc, so would go back. I want to request you earnestly, do not play on the sentiments of people. It is simply not nice.

Also, a lot off stuff you are talking about yoursel that you waited over 6 years to me sounds more fishy and does not represent too facts. I would be shocked to find such a naive guy in US on H1.

Thanks

archkre said:
techy2468 : Please take your medication to control your agression !
Click to expand...
 
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sundar99....i am not surprised that a man of science like you forgot to file for gc early.....but you give it a thought yourself.....it is so tough in this world for a person from developing country to establish anywhere....., do you think its a wise thing to lose touch with reality....afterall we know that H1 is a binding and limited support.....and i am sure everyone on H1 knows about GC.....and unless...life is too bad(no respite to think about GC...i almost got screwed in that fashion)....one cannot file GC in time....but even then one has plan B (canada, australia or home country etc..).
sundar....cant you file EB1 becos u have a Phd.....infact if your work is in a hot area...you can file for NIW (cutting edge technology..)
 
I aggree with Nozdam and Techy

No American like illegal immigrant. If we favor illegal immigrant, no one is going to support us !!




nozdam said:
Archke no offence but everyone on this forum very very strongly opposes illegal immigration. So i would strongly advise you not to promote that topic in any way. About your current situation, u shud either change ur lawyer and keep faith in God.
Click to expand...
 
I feel the same as Sundar

Hi Arch:

I suspect that you are taking for a ride all the people here. Not a good idea. I have never seen anyone getting H1B extension for 2 months. Whom are you trying to fool here. It is just waste of time of yours and others too.

If you want to have some fun this is not the place where people are struggling for green card and facing problems from our desi consulting companies.

Sundar, Which IIT are you from?? I am from IITM and Alak. BTEEE
 
Regarding EB1

I checked ON EB1 option, I found from my research division, that off late, even PhDs are being considered for Eb2, as Eb1 is a bit dicey for filing as per the place I work. I work for a well known research firm in US. For me when i came to US, I did not consider GC as a important factor, even now, I donot care so much.. if I get it is fine, if not I plan to go back to teaching in India. I just felt it was important to make the govt here understand the importance of scientists to the innovation arena. Looks like the politicians here cannot see beyond the bridge of the nose. Cant help it. History has proved countries with short sighted vision loose. Dutch in 17 th century, Hungary, Germany, Uk in early 19 th century lost out, and now US...looks like Sun is setting in West and Raising in the East ( Literally !!). If Asian countries manage the economy well , i am sure the boom is for long. At the same time, if we do not find innovative ways in India to tackly social, poor-rich disparity, the reservation issues on a priority basis, we will end up with Civil War like bosnia. Another hearting factor today is, the GOVT is setting up something like NSF in India with 1000 crore, this is great news for the scientists..

I really admire the patience of all you folks and the hope you attach. I am sure, India would be richer with all your perseverance, talents and intellectual abilities. Do not loose hope, if we get treated badly by immigration here , we can convert this to an opportunity to go back to India and use this as a spring board for success.

techy2468 said:
sundar99....i am not surprised that a man of science like you forgot to file for gc early.....but you give it a thought yourself.....it is so tough in this world for a person from developing country to establish anywhere....., do you think its a wise thing to lose touch with reality....afterall we know that H1 is a binding and limited support.....and i am sure everyone on H1 knows about GC.....and unless...life is too bad(no respite to think about GC...i almost got screwed in that fashion)....one cannot file GC in time....but even then one has plan B (canada, australia or home country etc..).
sundar....cant you file EB1 becos u have a Phd.....infact if your work is in a hot area...you can file for NIW (cutting edge technology..)
Click to expand...
 
pdakwala said:
Archkre,

Go talk to your lawyer or call USCIS and talk to them. They will explain you the difference between illegal and legal immigration. Allow those who are trying to work here on behalf of legal immigration. There are number of new laws that have passed.

Under those laws if you are on H-1 visa and have your labor and I-140 approved and have passed 180 days you will get h-1 visa extention even though you have passed 6 year limit.
Click to expand...

Guys,

Archkre is right. Do not spit on illegal immigration, and think of yourselves as one up because you have legal status. Make no mistake, this is a conservative/Republican movement against all immigration. They do not distinguish that much between legal and illegal. Right now, they are focussed against illegal immigrants, but tomorrow it will be against legal GC seekers too.

Why, if I am not mistaken, all this priority dates retrogression, is just another manifestation of the anti-immigration sentiment prevalent among those in majority in Washington today. That is why the PDs suddenly retrogressed by 5-6 years.
 
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