psk79
10-15 01:33 PM
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.
Can I apply for AP when she is in India?
I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.
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anilsal
08-05 08:34 PM
To capture unused visa numbers we need to make DC rally big, so lets go to DC on sept 13th and make it big success.......
Nice....;)
Also we need everyone to help out in spreading IV work at the local level (state level). Plus IV welcomes contributions. :)
Nice....;)
Also we need everyone to help out in spreading IV work at the local level (state level). Plus IV welcomes contributions. :)
guygeek007
07-23 09:25 AM
InspectorFox, Jayant and Tina - Your prompt replies and advice are much appreciated.
2011 motivational wallpaper. Motivational Quotes; Motivational Quotes
krishnam70
07-18 12:34 PM
There's no need for you to be negative.
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
ps57002
There have been numerous threads in this forum about the utility of sending more flowers to USCIS, whitehouse, condi, Bush etc etc and there is no consenus on that. Now If you need to try to bring to attention the delays of the BEC try something innovative or if you feel flowers are the way to go
then go do it, but before doing that try to find out your audience, how many people are affected by this. In case of 485 retro there were thousands of people who were affected and so there was a tremendous response. Now while i do not deny that there might be same kind of numbers stuck in BEC you need to bring the issue in to focus and make a drive to bring in the believers.
The flower campaign started off as a small remark and some people believed it would work and just kept working on it and ultimately it 'may' have worked because of the organized activity that took place. Now if you believe it will work for BEC centers too go ahead with your plan( I am not sure IV will support it, initally the Gandhigiri did not have IV support too if i recall). If people believe it will work they will join the campaign. Publicise your efforts and you will see results.
go do it..
cheers
edit:
http://immigrationvoice.org/index.php?option=com_frontpage&Itemid=1
IV has recommendation to not use flowers going forward
BEC reduction is one of they key goals of IV going forward. so stay tight you should hear something soon
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
ps57002
There have been numerous threads in this forum about the utility of sending more flowers to USCIS, whitehouse, condi, Bush etc etc and there is no consenus on that. Now If you need to try to bring to attention the delays of the BEC try something innovative or if you feel flowers are the way to go
then go do it, but before doing that try to find out your audience, how many people are affected by this. In case of 485 retro there were thousands of people who were affected and so there was a tremendous response. Now while i do not deny that there might be same kind of numbers stuck in BEC you need to bring the issue in to focus and make a drive to bring in the believers.
The flower campaign started off as a small remark and some people believed it would work and just kept working on it and ultimately it 'may' have worked because of the organized activity that took place. Now if you believe it will work for BEC centers too go ahead with your plan( I am not sure IV will support it, initally the Gandhigiri did not have IV support too if i recall). If people believe it will work they will join the campaign. Publicise your efforts and you will see results.
go do it..
cheers
edit:
http://immigrationvoice.org/index.php?option=com_frontpage&Itemid=1
IV has recommendation to not use flowers going forward
BEC reduction is one of they key goals of IV going forward. so stay tight you should hear something soon
more...
mundada
11-06 04:30 PM
I did not want to start a new thread for this. But I had earlier last month contacted many senators with the official I-485 pending inventory as proof and asking them whether it was humane, ethical and moral to ask someone wait more than 15 years for a green card! And what they are doing to remedy the situation.
This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.
In Response to Your Message
From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
Sent: Fri 11/06/09 1:00 PM
To:
1 attachment
0A953776.gif (2.8 KB)
Dear Mr. Mundada:
Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.
Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The “Reuniting American Families Act” (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.
This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.
Sincerely,
FRL: mts
This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.
In Response to Your Message
From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
Sent: Fri 11/06/09 1:00 PM
To:
1 attachment
0A953776.gif (2.8 KB)
Dear Mr. Mundada:
Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.
Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The “Reuniting American Families Act” (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.
This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.
Sincerely,
FRL: mts
nsveta
04-22 04:57 PM
Though your intention is to help OP, there are certain things that need to be observed especially in this climate where there is lot of backlash against legal immigrants. We have to ensure that we do not provide any ammu to anti's with our comments.
For an employer to sponsor a foreign worker on H1B,
First of all, there needs to be a skilled worker position open and available in US and
2nd that there are no "qualified" US citizens are available to fill that position.
OP's post goes against both these conditions, Forget about the rest such as bad economy, survival etc.. as per law, Employer has to pack the H1B home if the position is knocked off with a flight ticket and a reasonable relocation.
No offense to any one but just calling for more caution as we have seen increased number of posts like these.
Thanks every one for your inputs. I been swinging on tis for a while now and after seeing your inputs, I made up my mind not to pursue this.
I am surprised this company is still doing what its doing considering USCIS scrutiny these days. Good to know that we are not supposed to pay for H-1 as prospective employees. And I def dont want to lose my 700 or 800USD for lawer in case the CAP reaches its limit in the next few days.
Thanks again.
For an employer to sponsor a foreign worker on H1B,
First of all, there needs to be a skilled worker position open and available in US and
2nd that there are no "qualified" US citizens are available to fill that position.
OP's post goes against both these conditions, Forget about the rest such as bad economy, survival etc.. as per law, Employer has to pack the H1B home if the position is knocked off with a flight ticket and a reasonable relocation.
No offense to any one but just calling for more caution as we have seen increased number of posts like these.
Thanks every one for your inputs. I been swinging on tis for a while now and after seeing your inputs, I made up my mind not to pursue this.
I am surprised this company is still doing what its doing considering USCIS scrutiny these days. Good to know that we are not supposed to pay for H-1 as prospective employees. And I def dont want to lose my 700 or 800USD for lawer in case the CAP reaches its limit in the next few days.
Thanks again.
more...
gkaplan
07-20 01:04 PM
Hi there
thank you for the information you provided above. and congrats on your h1b.
my question is: i'm j1 and mu husband is j2, and he's been working with his ead for the last 4-5 years. we are subjected to 2 year HRR. in order for my husband to get h1b, we need the waiver. can he apply for the waiver independently? just like you did - independently from your j1 principal?
can his company apply for a H1B just after he gets the favorable rec. letter? or doeshe have to wait for the final decision from USCIS? or application for H1B with the fav.recom. letter is only ok if we are doing premium processing? because i get different answers from different lawyers about this. one says we have to wait for the final decision from uscis, one says different....
thank you.
thank you for the information you provided above. and congrats on your h1b.
my question is: i'm j1 and mu husband is j2, and he's been working with his ead for the last 4-5 years. we are subjected to 2 year HRR. in order for my husband to get h1b, we need the waiver. can he apply for the waiver independently? just like you did - independently from your j1 principal?
can his company apply for a H1B just after he gets the favorable rec. letter? or doeshe have to wait for the final decision from USCIS? or application for H1B with the fav.recom. letter is only ok if we are doing premium processing? because i get different answers from different lawyers about this. one says we have to wait for the final decision from uscis, one says different....
thank you.
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for_ac21iv
06-01 03:26 PM
Hello all - Thank you,
I am impressed with the response to this poll.
Within minutes of creating the poll, I saw a lot of views and
good number of people expressing interest towards a new
separate bill for legal immigrants.
How can we take this forward ?
Can core members of IV comment on this option please ?
Can I call and talk to someone to discuss this at IV ?
PCS -- thank you.
regards,
I am impressed with the response to this poll.
Within minutes of creating the poll, I saw a lot of views and
good number of people expressing interest towards a new
separate bill for legal immigrants.
How can we take this forward ?
Can core members of IV comment on this option please ?
Can I call and talk to someone to discuss this at IV ?
PCS -- thank you.
regards,
more...
chanduv23
07-21 03:17 PM
I am in same boat, I took a Infopass today and met with a IO in NYC. She said she will do the needful as the dates are current by communicating with TSC and if nothing happens I have to come back in 45 days. I do not have hopes but lets see what happens
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needhelp!
09-16 01:39 PM
Same thing you used your Cingular minutes for :)
This will be your second round of calls.
Calls to ?
This will be your second round of calls.
Calls to ?
more...
mmanurker
04-13 01:54 PM
In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
Well all I can say is that you all are lucky and hope that the luck does not run out down the road because in US not knowing law is not an excuse and as long as DOL or USCIS does not find this out you are fine. Giving friends address and filing taxes using friends address and filing LCA to show that you will be working from a location in US and running payroll from that state but in reality working outside USA, to me if DOL/USCIS finds out then they might treat this as LCA voilations, fraud and misrepresentation and both you and your employer could land into trouble.
I remember few years back some of the H1B employees as well as employer(owner of the company and few others) were handcuffed and arrested for LCA voilations...
here is the old link from murthy.com:
MurthyDotCom : INS Raid re: LCA Violations Against H1B Employer (http://www.murthy.com/news/UDraid.html)
here is another one:
MurthyDotCom : Arrests of H1B Employers Increase (http://www.murthy.com/news/n_h1arst.html)
LCA voilations also result in H1B's revoked by USCIS. Its just that after Neufield Memo in Jan 2010 that the focus shifted towards employer-employee relationship but prior to Jan 2010, most of the talk on immigration forums were about the LCA and LCA voilations.
About you travelling upto 4 months, I am not sure how your LCA is drafted and filed. but here is some info that If an employee works for more than 30 consecutive days or 60 aggregate days within a 12 month period at a location not listed on the LCA, the employer must file a new LCA documenting that change. OR employer can list multiple locations on the LCA filed the very first time itself.
and about your taxes, you will be considered as resident alien if you lived and worked more than 180 days in the same state/place.
Again I could be wrong here but this is my understanding considering the kind of cases that I hear abt LCA voilations and subsequent petition denials..
Bottom line seek legal advice from attorneys.
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
Well all I can say is that you all are lucky and hope that the luck does not run out down the road because in US not knowing law is not an excuse and as long as DOL or USCIS does not find this out you are fine. Giving friends address and filing taxes using friends address and filing LCA to show that you will be working from a location in US and running payroll from that state but in reality working outside USA, to me if DOL/USCIS finds out then they might treat this as LCA voilations, fraud and misrepresentation and both you and your employer could land into trouble.
I remember few years back some of the H1B employees as well as employer(owner of the company and few others) were handcuffed and arrested for LCA voilations...
here is the old link from murthy.com:
MurthyDotCom : INS Raid re: LCA Violations Against H1B Employer (http://www.murthy.com/news/UDraid.html)
here is another one:
MurthyDotCom : Arrests of H1B Employers Increase (http://www.murthy.com/news/n_h1arst.html)
LCA voilations also result in H1B's revoked by USCIS. Its just that after Neufield Memo in Jan 2010 that the focus shifted towards employer-employee relationship but prior to Jan 2010, most of the talk on immigration forums were about the LCA and LCA voilations.
About you travelling upto 4 months, I am not sure how your LCA is drafted and filed. but here is some info that If an employee works for more than 30 consecutive days or 60 aggregate days within a 12 month period at a location not listed on the LCA, the employer must file a new LCA documenting that change. OR employer can list multiple locations on the LCA filed the very first time itself.
and about your taxes, you will be considered as resident alien if you lived and worked more than 180 days in the same state/place.
Again I could be wrong here but this is my understanding considering the kind of cases that I hear abt LCA voilations and subsequent petition denials..
Bottom line seek legal advice from attorneys.
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fortune50
07-17 10:52 PM
You are OK. This is taken from the 485 instructions.
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
what does this mean ? did I file to wrong Service Center?:(
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
what does this mean ? did I file to wrong Service Center?:(
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LostInGCProcess
09-04 11:07 AM
I beg to disagree on this thought: If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.
so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.
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bigboy007
02-18 12:14 AM
Chandu just mentioned that some means of contacting him is made. But he is very pivotal for this . As hez Obama campaign chairman , Senate No. 2 Ranking Democrat. His support or non-support is very crucial to support or not supporting any legislation now and if Obama comes in to picture obviously he will have better hold. We need to get our message strong , hard in a best smooth way possible.
Also he is against H1b Mis-use. Now does he understand PPL like us in Middle of Nowhere.
Also he is against H1b Mis-use. Now does he understand PPL like us in Middle of Nowhere.
more...
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Nil
11-10 02:54 PM
^^^^
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Imigrait
09-07 02:15 PM
ok........ After thinking about it for a while, I think I have the answer now.
What zephyrr is saying is that you should be able to show that your promotion is a new job in itself and it is significantly different from the job you were doing prior to your filing for Green Card, although it might be in the same company.
What zephyrr is saying is that you should be able to show that your promotion is a new job in itself and it is significantly different from the job you were doing prior to your filing for Green Card, although it might be in the same company.
more...
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inspectorfox
07-17 02:18 PM
Excerpt from Gregs blog and comments :(
"Things are going SOUTH . No agreement and No relief.
Class action is the only option. USCIS just wanted to test the waters and now they don't want to settle. Every thing else is just rumor mill. Every one who claimed to know the insider info was just taken for a ride. Welcome to beltway politics 101."
What's the point of starting a new thread to throw in your opinion?
Servers and all members are already very stressed.
"Things are going SOUTH . No agreement and No relief.
Class action is the only option. USCIS just wanted to test the waters and now they don't want to settle. Every thing else is just rumor mill. Every one who claimed to know the insider info was just taken for a ride. Welcome to beltway politics 101."
What's the point of starting a new thread to throw in your opinion?
Servers and all members are already very stressed.
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andr.in
05-27 03:25 PM
lmao! These are great!
But the one fester made reminds me of the personal pages most estonians have! :P lol
I can't decide! They all suck <-- lol First time i've ever said that meaning that something is done well!
But the one fester made reminds me of the personal pages most estonians have! :P lol
I can't decide! They all suck <-- lol First time i've ever said that meaning that something is done well!
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cox
November 25th, 2005, 03:26 PM
Thanks for the feedback, guys. Yeah, the DoF was insufficient, and that also made focusing difficult. The flower movement was irritating, and I need to learn to deal with that. I'm just getting started here. It seems that the reaction to the dark/light treatment is pretty split, maybe a little in favor of the light. I had two very different days lighting-wise, and got these contrasing shots. I kind of lean to the dark one, but they each have a different personality.
Gary, thanks for the tips. I was having a terrible time with the flower movement. I was on a tripod, remote shutter, 2.5x eyepiece and couldn't get the image crisp at smaller aperture. I finally figured out that it was small flower movements that were killing me. I moved to shallower DoF to get a faster shutter. Do you have any tips for holding the plant steady? You have some incredible shots, and must have come up with some techniques for immobilizing the flower without it showing up in the photo. I'd be grateful if you could share...
Gary, thanks for the tips. I was having a terrible time with the flower movement. I was on a tripod, remote shutter, 2.5x eyepiece and couldn't get the image crisp at smaller aperture. I finally figured out that it was small flower movements that were killing me. I moved to shallower DoF to get a faster shutter. Do you have any tips for holding the plant steady? You have some incredible shots, and must have come up with some techniques for immobilizing the flower without it showing up in the photo. I'd be grateful if you could share...
jhaalaa
04-05 09:17 PM
I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.
>> Good to know that you want to stay on H1. EAD has its own advantages and disadvantages - Primary 485 applicant should avoid EAD usage unless essential.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
Can someone please answer my questions?
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
>> You can file as many H1 transfers as possible. Ensure that you have the copies of receipt notice of the present H1 status (renewal Application pending).
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
>> However if you go down the EAD route you may inform USCIS at a later date because they do not track how or where you use the EAD - but certain employers inform voluntarily and they would not share this with an employer. (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
>> You better do that for AC21. Also, try to ensure that you get the same job description - to be on the safer side and avoid the "same or similar" catch in AC21.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more?
>> You can make more - how much more is not stated but a substantial difference can affect the successful approval of AC21.
Hope the above helps.
Best Wishes for all.
>> Good to know that you want to stay on H1. EAD has its own advantages and disadvantages - Primary 485 applicant should avoid EAD usage unless essential.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
Can someone please answer my questions?
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
>> You can file as many H1 transfers as possible. Ensure that you have the copies of receipt notice of the present H1 status (renewal Application pending).
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
>> However if you go down the EAD route you may inform USCIS at a later date because they do not track how or where you use the EAD - but certain employers inform voluntarily and they would not share this with an employer. (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
>> You better do that for AC21. Also, try to ensure that you get the same job description - to be on the safer side and avoid the "same or similar" catch in AC21.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more?
>> You can make more - how much more is not stated but a substantial difference can affect the successful approval of AC21.
Hope the above helps.
Best Wishes for all.
kumarc123
11-06 03:44 PM
Thanks for your comment,
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