reddymjm
05-05 04:39 PM
Even USCIS does not know that yet?
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dtekkedil
07-06 04:50 PM
Does IV Core have a say on sending flowers??
how about sending it to Michael Chertoff and Condelezza Rice??
IV core cannot "officially" endorse this... We are on our own.
As for sending flowers to Chertoff or Rice - It is good but let us stick with one person for now (Emilio). Unless you are willing to send to all three :). It will seem like there is more unity amongst us if we send more "number" of flowers.
how about sending it to Michael Chertoff and Condelezza Rice??
IV core cannot "officially" endorse this... We are on our own.
As for sending flowers to Chertoff or Rice - It is good but let us stick with one person for now (Emilio). Unless you are willing to send to all three :). It will seem like there is more unity amongst us if we send more "number" of flowers.
utthesta
05-20 02:12 PM
I am a 2 July 2007 filer. Many SR's and calls later no FP.But I applied for EAD and AP renewal last week.I got the FP notice in mail today.
So I think that the renewal may trigger a FP notice.
-R
Hi,
I filed mine on 27th July, 2007;
Do I need to apply for renewal now? How sooner or later we can apply for renewal?
So I think that the renewal may trigger a FP notice.
-R
Hi,
I filed mine on 27th July, 2007;
Do I need to apply for renewal now? How sooner or later we can apply for renewal?
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mahujam
07-31 02:02 PM
Just received an email from CRIS, our I-131 was approved. Nothing on EAD.
Are AP's being approved faster ?
When did you apply ?
Are AP's being approved faster ?
When did you apply ?
more...
senthil1
01-30 02:26 PM
Actually when you are in H1b and without pay then you are out of status. You and your company are violating the law. Impact for your company is minimal if they get caught. Company could be fined for 10k to 1M based on number of violations. If they violations are so much then your company could be banned for h1b for a few years. In that case they will start different company and escape.
First impact for you is you will face problem while H1b transfer. At the time of transfer if you do not have paystubs your H1 transfer will be denied.
While processing green card USCIS could send RFE regarding this and you need to explain this and USCIS could accept or refuse.
When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action. These were extreme cases I never heard of. But if you knowlingly violate law you are taking risk knowlingly. Many cases USCIS is sympathatic. Again this case is similar to hiding tax from IRS and 80% of people get away because of lack of enforcement and 20% people those got caught and their life will be screwed completely.
H1b will not go dorment untill you change to H4.
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
First impact for you is you will face problem while H1b transfer. At the time of transfer if you do not have paystubs your H1 transfer will be denied.
While processing green card USCIS could send RFE regarding this and you need to explain this and USCIS could accept or refuse.
When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action. These were extreme cases I never heard of. But if you knowlingly violate law you are taking risk knowlingly. Many cases USCIS is sympathatic. Again this case is similar to hiding tax from IRS and 80% of people get away because of lack of enforcement and 20% people those got caught and their life will be screwed completely.
H1b will not go dorment untill you change to H4.
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
sixpockets
07-19 09:00 PM
contributed $100 just now
...through Paypal, confirmation number 0EH97012SF291823E
...through Paypal, confirmation number 0EH97012SF291823E
more...
asdqwe2k
07-02 03:15 PM
Your greed got you...
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jsb
12-03 03:41 PM
We all pray for Mehul. Collective prayers can be very strong.
more...
GCStatus
09-14 04:05 AM
Thanks for starting the thread. I share your grief and agree that we gotta do something. As much as I agree that we have to fight for our rights, I am not too sure if suing is the best option.
Again, if you all decide too, I will be more than glad to contribute my 100 but do we have enough ground to ask the questions in such 'blunt' manner? As much as you and I believe that our lives are completely topsy-turvied by these arcane policies, would some one arguing against our claim say that we are still entitled to do what we were allowed here to do. The employment visa allows us to work in a certain kind of job and nothing is hampering that aspect. Yes, it screws up promotions, displaces your plans to stay and has ill-effects both at a personal as well as professional levels but still..
If we have to sue, I think the ground work one has to do is immense. Find significant amounts of data from USCIS in terms of how random their approvals are and how it affects you after we all paid monies expecting a totally different pattern. If this can be accomplished, we could sue them probably for their lack of customer service, by-passing their guidelines on a consistent basis and thus hampering the lives of several people who were here for example in 2001, etc. I strongly believe data is our best friend (worst too, as it is personal data that we probably might not be entitled to even enquire..)
Again, I am no lawyer. I am sort of playing devil's advocate and just thinking through the obvious rebuttals. If we were too get enough data, combining that with active media publicity and some innovative ideas (flowers/clocks/watches whatever) or getting the businesses to acknowledge, then we may see certain changes.
I don't mean to damper your spirits by any sort. I certainly like the 'return my money if you fail to live by your own guidelines'.
Just the fact that, they keep going back from Current to Unavailable to 2006 to 2003 to etc, we have right to sue. Reasons below.
Financial loss.
Loss of business opportunity
Mental stress
Lack of moblility
List can go on.
Again, if you all decide too, I will be more than glad to contribute my 100 but do we have enough ground to ask the questions in such 'blunt' manner? As much as you and I believe that our lives are completely topsy-turvied by these arcane policies, would some one arguing against our claim say that we are still entitled to do what we were allowed here to do. The employment visa allows us to work in a certain kind of job and nothing is hampering that aspect. Yes, it screws up promotions, displaces your plans to stay and has ill-effects both at a personal as well as professional levels but still..
If we have to sue, I think the ground work one has to do is immense. Find significant amounts of data from USCIS in terms of how random their approvals are and how it affects you after we all paid monies expecting a totally different pattern. If this can be accomplished, we could sue them probably for their lack of customer service, by-passing their guidelines on a consistent basis and thus hampering the lives of several people who were here for example in 2001, etc. I strongly believe data is our best friend (worst too, as it is personal data that we probably might not be entitled to even enquire..)
Again, I am no lawyer. I am sort of playing devil's advocate and just thinking through the obvious rebuttals. If we were too get enough data, combining that with active media publicity and some innovative ideas (flowers/clocks/watches whatever) or getting the businesses to acknowledge, then we may see certain changes.
I don't mean to damper your spirits by any sort. I certainly like the 'return my money if you fail to live by your own guidelines'.
Just the fact that, they keep going back from Current to Unavailable to 2006 to 2003 to etc, we have right to sue. Reasons below.
Financial loss.
Loss of business opportunity
Mental stress
Lack of moblility
List can go on.
hair of the moon toys mirage.
surabhi
04-23 05:18 PM
There is moral obligation too. Whenever you hire H-1s make sure most of them have dreams to get GC and settle down. Dont take risks in such a ways their dreams get shattered because of poor business practices. just to hire people dont run in your businesses on losses and in turn force yourself to shut down the business.
I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.
1. H1B is a legitimate business expense. It should be factored in as such by the employers.
2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.
3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.
4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.
5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.
6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.
7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.
1. H1B is a legitimate business expense. It should be factored in as such by the employers.
2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.
3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.
4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.
5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.
6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.
7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
more...
rahulp
06-07 11:53 AM
Receipt# is printed on check after it's cashed.
In my case, my employer asked me to make checks payable to employer (for attorney fees as well as filing fees) and they cut the check for USCIS and attorneys. I don't understand how it helps them but delays in my getting the receipt#. If they let me pay directly to USCIS, I could at least get the receipt#s. My I-485 was received at NSC on 06/04/2007 morning.
In my case, my employer asked me to make checks payable to employer (for attorney fees as well as filing fees) and they cut the check for USCIS and attorneys. I don't understand how it helps them but delays in my getting the receipt#. If they let me pay directly to USCIS, I could at least get the receipt#s. My I-485 was received at NSC on 06/04/2007 morning.
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diptam
06-26 03:44 PM
" Why don't you sign unless it say until and after 1 year approval. You can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose " - DSJ
I dont have a problem signing 1 yr agreement because my 140 will take at least another 8 months ( Feb 08) and by the time next years budget opens up for good new Jobs its already Mar 08.
But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
Sounds like there is a way out.
Could you please post whole sentence? Thanks.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
I dont have a problem signing 1 yr agreement because my 140 will take at least another 8 months ( Feb 08) and by the time next years budget opens up for good new Jobs its already Mar 08.
But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
Sounds like there is a way out.
Could you please post whole sentence? Thanks.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
more...
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feedfront
08-26 01:56 PM
I had taken infopass and officer sent an email to TSC enquiring about current status. Today, I got snail mail reply..
"Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests."
"Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests."
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mirage
03-06 06:09 PM
You wouldn't have felt that way if you were EB-3 India sittinig for last 8 years, reading Visa Bulletins every months, just to find it still in Oct'2001...And if you ask USCIS what's going on they ask you 5K.
Funny how some people call this country cap 'discrimination.' If this is discrimination, then everybody is being discriminated, as the country cap applies to all countries, not just India and China. Since everybody is 'discriminated,' then it is not discrimination anymore.:)
Funny how some people call this country cap 'discrimination.' If this is discrimination, then everybody is being discriminated, as the country cap applies to all countries, not just India and China. Since everybody is 'discriminated,' then it is not discrimination anymore.:)
more...
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Sachin_Stock
09-23 04:54 PM
When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant in that category with THAT date. When he files for an EB2 he is "OK'd" to be an immigrant in that category at THAT date.
Based on the same language English that you have studied, and I have studied, the term 'That' refers to Eb-3's PD. One cannot just throwaway all the merit earned on Eb-3. Which precisely what you are asking one to do.
Porting is a right justice served. Of course, not everybody are eligible for that.
Based on the same language English that you have studied, and I have studied, the term 'That' refers to Eb-3's PD. One cannot just throwaway all the merit earned on Eb-3. Which precisely what you are asking one to do.
Porting is a right justice served. Of course, not everybody are eligible for that.
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surabhi
09-24 11:39 AM
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
more...
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abhijitp
12-18 05:33 PM
Some of my cousins and friends who are just leaving college (even the prestigious IIT's) are unwilling to come to the US.
If they do come here, they are reluctant to go after the "GC". They want to wait for a few years, and would embark upon the journey only if there are any "fixes" in the EB GC system.
If not, there are several developed countries that take point based immigrant visa applications and give you a decision in a year or two.
Most of these young friends have already made plans to apply to these countries. Those who qualify have already applied. In one case, a friend whose H1B did not go through last year, immigrated to Australia. (Both he and his wife also found a job in less than a month.)
2, I can appreciate your position. You have already spent several years here, and yet no decision in the sight. If possible, you could still create a fall-back option like Canada/UK/Australia. A PR in these countries might give us easier access come back to the USA later (although not permanently).
If they do come here, they are reluctant to go after the "GC". They want to wait for a few years, and would embark upon the journey only if there are any "fixes" in the EB GC system.
If not, there are several developed countries that take point based immigrant visa applications and give you a decision in a year or two.
Most of these young friends have already made plans to apply to these countries. Those who qualify have already applied. In one case, a friend whose H1B did not go through last year, immigrated to Australia. (Both he and his wife also found a job in less than a month.)
2, I can appreciate your position. You have already spent several years here, and yet no decision in the sight. If possible, you could still create a fall-back option like Canada/UK/Australia. A PR in these countries might give us easier access come back to the USA later (although not permanently).
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desi3933
07-10 12:44 PM
.....
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.
Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?
Permanent means job that is for for a term of indefinite or unlimited duration.
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
.....
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?
AC-21 is not just for changing GC employer.
AC-21 is for
1. H-1B portability - starting new H1-B immediately after filing opf new petition
2. Extension of H-1B beyond 6 years - if labor is pending > 365 days or I-140 is approved/pending. Since each H-1B petition is linked to LCA and LCA is for temp job, each H1 petition is a new or extension of temp job.
3. Changing of GC employer - Please note that you can change your GC employer even without changing job, just by getting job offer from new employer, as GC job is for job starting after I-485 approval.
Do not confuse existing H-1B job with future GC job.
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.
Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?
Permanent means job that is for for a term of indefinite or unlimited duration.
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
.....
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?
AC-21 is not just for changing GC employer.
AC-21 is for
1. H-1B portability - starting new H1-B immediately after filing opf new petition
2. Extension of H-1B beyond 6 years - if labor is pending > 365 days or I-140 is approved/pending. Since each H-1B petition is linked to LCA and LCA is for temp job, each H1 petition is a new or extension of temp job.
3. Changing of GC employer - Please note that you can change your GC employer even without changing job, just by getting job offer from new employer, as GC job is for job starting after I-485 approval.
Do not confuse existing H-1B job with future GC job.
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
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mukpatel
06-08 06:12 PM
My attorney said ideally they have to accept I-485 till 30 June, but during last 20 years of his experience, 3 times it happened that the date was retrogated in middle of the month. So June visa dates can go back. Act fast and apply I-485 if not done yet !!!
SunnySurya
08-18 01:27 PM
Here is what I propose:
1. Any one with good english language skill : Can you please volunteer to draft a letter stating the issue....
2. Please contact your lawyers to see if they have contact in AILA.
3. Please contact you state chapter leader to discuss what can be done from IV stand point. I live in tri state and will contact. Murali or Chandrakanth
1. Any one with good english language skill : Can you please volunteer to draft a letter stating the issue....
2. Please contact your lawyers to see if they have contact in AILA.
3. Please contact you state chapter leader to discuss what can be done from IV stand point. I live in tri state and will contact. Murali or Chandrakanth
buddyinsd
08-31 01:33 PM
If this is not racism then what is? U R VERY SICK...Get well soon!!!
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
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