Tuesday, July 5, 2011

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  • unitednations
    07-09 10:55 AM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.

    Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.

    I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.




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  • SunnySurya
    08-05 12:12 PM
    With all due respect, just because few people don't like it is no reasons for getting this thread closed..
    This thread is causing unhealthy division between EB2 and EB3. This thread should be closed and people should concentrate on the call campaign instead on fighting each other.




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  • GCNaseeb
    08-02 07:34 PM
    Thanks for your valuable suggestions UN.

    So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?

    Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?

    Thanks again. I really appreciate your help.

    Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.

    At the same time you can have h-1b.

    Both things allow you to stay here.

    Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.

    Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.

    You could try to convert the h-1b to part time or transfer to another company.

    I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.

    USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.




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  • gcisadawg
    12-27 12:04 AM
    Don't you think Pakistan already knows that?

    Yes, you are right. Pakistan knows that. But our audience is not pakistan. It is US and other countries. Who comes to india when pak does nuclear sabre-rattling? It is US. We need to send that message clearly and forcibly to the world. The Clear message is " Nukes dont impact our options. The decision to go to war or not is not impacted by the presence or absence of nukes"

    Do you mean to say that the state and the government of Pakistan did this?

    As to your second question, you never know. To be honest, I dont know...Musharraf started Kargil and they did not acknowledge even dead Pakistan soldiers. Sharif went to US and pleaded Clinton to stop the war.

    I do believe ISI's footprint is there. ISI is built on the image of CIA during cold war. They are a pretty powerful bunch with one complete victory ( against Soviets) and two successful (atleast so far) distruptive operations in Afghanistan and Kashmir. Without the big brother ISI watching, these jihadists can not move around. But I do give the benefit of doubt to Zardari's govt. The poor guy has just lost his wife. He might not have signed off on this ops.



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  • cinqsit
    03-24 07:03 PM
    When I first started to get to know consulatants and staffing companies; I thought that this whole bribe system; creating positions at end clients; how consultants got selected, etc., was a big racket.

    However; when I did introspection of how things worked in my industry; I pretty much concluded that it was done in same way but at much, much higher levels.

    USCIS is just keeping it pretty simple these days; show us that there is a job with an end client that requires a degree. They pretty much know that it is impossible. Even if you can get one; they pick on it pretty good and still deny it.

    The system was actually designed for staffing companies when you think about it. When h-1b was first created; no one would have used it if it wasn't for staffing companies. Typical US companies wouldn't have the network to get foreign employees unless they were already here. To get them from a foreign country then the only companies who can really do so are the staffing companies.

    The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.

    I always thought that there are people from around the world who want to come here but can't because they are not part of the "system". You can see this in the greencard lottery. Almost 9 million people apploy to get here through this. If they had their own country people looking to get them here then there would be a more equal distribution of visas.

    I think people need to step back and think that this is one of the reasons why they have country quotas. No matter what people think that they re being hired for their skills and that employers don't care about their nationality; people need to understand that a "system" has been designed that is benefitting a few nationalities. Once you can get here then you can find your way. However, if you can't get here then you can't find your way.

    Its rather ironic that system created for staffing companies was misused so rampantly that they are the ones bearing the brunt of this onslaught.

    So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
    on the other hand how do you put an end to this misuse ?

    Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"




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  • vijay0101
    07-14 05:30 PM
    http://www.dol.gov/esa/media/press/whd/whdpressVB2.asp?pressdoc=seattle/20051573.xml

    http://www.dol.gov/esa/media/press/whd/whdpressVB2.asp?pressdoc=seattle/20051573.xml

    News Release

    U.S. Department of Labor
    Wage and Hour Division
    Release Number: 05-1573-SEA (05-145)
    Date:
    Dec. 2, 2005

    Contact:
    Michael Shimizu

    Phone:
    1-866-4-USWAGE



    Ajay International of Bothell Ordered to Pay $65,830 in Back Wages to Three Employees
    SEATTLE -- Ajay International Inc., Bothell, Wash., has been ordered to pay $65,830 in back wages to three employees, the U.S. Department of Labor announced today. The department�s Wage and Hour Division also fined the company $18,400 in civil money penalties for violations of the Immigration and Nationality Act�s H-1B visa program, including the failure to pay the prevailing wage to non-immigrant workers.


    Also, in a motion for summary judgment, the Administrative Law judge ordered the firm debarred from filing any new Labor Condition Applications under the Act for a period of two years.

    �This employer failed to pay the required prevailing wages to employees, misrepresented material facts, failed to provide notice of filing, accepted payment from an H-1B worker for filing fees, failed to maintain required records, and violated other provisions of the Act,� said Donna Hart, Seattle district director for the Wage Hour Division.

    The H-1B visa program permits employers to temporarily hire non-immigrants to fill specialized jobs in the United States. An employer must pay an H-1B worker at least the same wage it pays other employees who perform the same type of work or the prevailing wage in the area.

    Seattle area-based Ajay International is an employment agency in the high-technology field. The department's investigation covered the period April 1, 2003, through Jan. 31, 2005.

    The Wage and Hour Division recovered nearly $200 million in back wages in fiscal year 2004 for more than 288,000 workers nationwide. Average days to resolve a complaint during that time decreased from 108 to 92 days.

    For more information about the H-1B non-immigrant worker visa program and other provisions of the Immigration and Nationality Act enforced by the Wage and Hour Division, contact the Seattle District Office at 206-398-8039 or the department�s toll-free help line at 1-866-4USWAGE (1-866-487-9243). Information is also available at www.wagehour.dol.gov.


    ###

    --------------------------------------------------------------------------
    The information in this release is available in alternate format (large print, Braille, audio tape, and disc) from the COAST office. Please specify which news release when placing your request. Call 202-693-7773 or TTY 202-693-7755.

    --------------------------------------------------------------------------"

    Hi Guys

    Be Careful with The Ajay International Inc www.ajay.com and The Real Technologies USA Inc web sites used www.realtechusa.com . And the Person Name "Sanjay Tyagi". This is the company recently black listed by DOL Seattle and then they opened a new company Name called �Real Technologies USA Inc" with web site www.realtechusa.com and doing the same thing to get the black listed. So I like to warn the guys who are working for them or considering working for them should have rethink about their decision. Please be very careful when you are dealing with this guy and the company.
    So spread the word.
    You can read the press release above in this post.



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  • jung.lee
    04-05 10:29 AM
    :eek:

    I have been reading this thread with a lot of interest and could not hold back from commenting on the unbridled optimism many of you guys are showing towards the housing market, which reminds me of the "long tailed" euphoria that followed long after the NASDAQ had crashed over 50% in 2001 after the tech bubble, and people kept wishing it would come back long after it became clear to most cynical observers that it would take decades to achieve the same levels as before (and it hasn't yet)...

    Housing has not yet bottomed. It still has a long way to go. You guys may think that the foreclosures related to subprime resets have subsided so the market may recover. You haven't seen anything yet. Consider:

    http://www.irvinehousingblog.com/wp-content/uploads/2007/04/loan-matrix.jpg

    and:

    http://www.irvinehousingblog.com/wp-content/uploads/2007/04/adjustable-rate-mortgage-reset-schedule.jpg

    Option ARMs (adjustable rate mortgages) and Alt-A ARMs are the next two shoes to drop. In case you've had your head buried in the sand, the economy is on verge of a collapse. Unemployment is soaring and many more companies are considering layoffs. Many economic observers are opining that we are already in recession.

    Desi junta, and others, I entreat you readers to please consider this seriously in your house purchase decisions. If for some reason you need to sell and move out, at a minimum you will be saving some money (by not losing your downpayment, for example) by choosing to rent. Rent a house/townhouse from a private owner if you are tired of renting an apartment and have growing kids - it's a "renters market" in the private rental marketplace right now with so many investment properties purchased during the housing bubble available for rent.

    I would like to offer up a few blogs, whose commentators should be taken seriously. I recommend you read and bookmark the following blogs if you want to follow the housing market and the economy:

    http://calculatedrisk.blogspot.com/

    http://www.irvinehousingblog.com/

    http://housingpanic.blogspot.com/

    http://globaleconomicanalysis.blogspot.com/

    I like this website for people just starting out to get more financially educated (in an entertaining way):

    http://www.minyanville.com/

    Good luck and please be careful before 'taking the plunge!'




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  • dontcareanymore
    08-05 02:33 PM
    Friend,

    Your questions are valid and great arguments.
    Do i care to answer them all, no. But since we are talking and not fighting, yes i will take some time to provide my input.
    Thankyou for asking my input nicely, i like to belong to a group of educated and people who wear a head on their shoulders.

    Now a days its in fashion to go to school and call oneself educated, which to me this is as absurd as buying a piano and calling one self musician. This is my version of an old saying (trying a little bit).

    Again thanks for your politeness, and showing brotherhood.

    Here is my input.


    you asked - You can't generalize everything. Do you care to show how this is as bad as labor substitution ?


    My 2 cents:
    It was bad because many people were selling labor certificates. I know people who bought them for 10K, and got in green card line and well ahead in line than me and probably you ( we both are on the group today).

    you said: How about Comparing job duties of all EB2s and EB3s
    My 2 cents: why, what will this give you , other than some unrest and one more fight/arguments.

    you said: Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).

    My 2 cents: Yes i agree. This lawsuit idea is also to stop unjust practice, with good intentions and not all.

    you said: Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.
    My 2 cents:
    you are right there are cases where porting makes sense, but you cant claim the same on all cases. There are cases where this practice is unjust and breaking the line.
    Why do peole always port in favor of date/time to get faster green card. If porting is so justified ( job duties) how come no one ports to a category that is too late than one they are in.


    Most importantly, you cant push people around, just be nice to people. Please.

    I stand with you in this fight, but remember you stand with me too, and we stand together
    to make a point for all.

    Sorry , you can't hide your passive aggressiveness :)
    AS I mentioned on other occasions this whole process is screwed up. it gets you worked up when some one compares this (PD recapture) to labor selling. IT IS NOT.

    To answer what does one get by comparing the job duties : It gives a lot. It gives EB2 classification only to those who deserve it. I wish the rules are much stricter.So that those who can claim they are EB2 are really entitled to be EB2.

    There is so much dirty laundry and not good to bring that in public. But if this law suite goes , it does not take very long to show how genuine some EB2s are.



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  • Tito_ortiz
    01-03 03:06 PM
    Listen to this, The US attacked Iraq and that accomplished exactly what the terrorists want. Terrorists want to see chaos and disruption. I believe the US is losing the war on terror and the results from the failed Iraq invasion can get worse, since that may have generated one dozen Jihad style attackers to be unveiled in 5-20 years from now.

    India should not attack Pak and spend tons of money like the US did. Instead, invest all that money in secret services and let them penetrate the enemy line. Let the secret service perform a detailed investigation of sources, then apply snipers or other ways to take perpetrators down.

    The last thing we need now with this dreadful economy is another war. Palestinians are already starting the whole fire again. We do not need one more war.




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  • sanju
    04-08 09:07 AM
    of course not....
    The provision defeats the purpose of whole whistle blower clause...

    Oh ok. Sorry, I was not sure about the message of your earlier post.

    And for this purpose, the provisions which seem to be protecting H1 employees are actually falling short of providing any protection to make H1 program more efficient. At the same time, the bill is imposing so many restrictions that it would make the entire H1 program "non-workable" and "useless", as highlighted by the administrator.



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  • NKR
    09-26 09:34 AM
    Hello there,
    highly skilled immigrants have a buying power
    Thanks

    Yes, that is why they have allowed you to keep renewing your H1s and/or EADs so that you can keep buying. They will not give you GC soon




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  • satishku_2000
    05-16 05:00 PM
    A lot of people don't seem to grasp the fact that what they are doing IS ILLEGAL. Body shopping and everything that goes along with it is against the law in this country, and it is also violating the conditions of the H-1B application. It may be acceptable to you in your mind to do it but the bottom line is -- it's illegal. I am surprised you are crying about illegalities being stopped in this country. There is really not much to debate -- of course it is not an acceptable business model WHEN IT IS ILLEGAL. You can stock up for a business opening on a number of goods -- computers, printers, software etc. BUT NOT SOMETHING THAT IS AGAINST THE LAW. Glad to see congress agreeing with that.


    Do you stand with Sen. Durbin on amnesty/legalization for illegal/undocumented people while creating problems for tax paying and law abiding consultants? This will be height of hypocrosy...



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  • nogc_noproblem
    08-29 09:03 PM
    Dog Philosophy

    � The reason a dog has so many friends is that he wags his tail instead of his tongue. - Anonymous

    � Don't accept your dog's admiration as conclusive evidence that you are wonderful. - Ann Landers

    � The average dog is a nicer person than the average person. - Andy Rooney

    � Dogs love their friends and bite their enemies, quite unlike people, who are incapable of pure love and always have to mix love and hate. - Sigmund Freud

    � Ever consider what our dogs must think of us? I mean, here we come back from a grocery store with the most amazing haul - - chicken, pork, half a cow. They must think we're the greatest hunters on earth! - Anne Tyler

    � If you pick up a starving dog and make him prosperous, he will not bite you; that is the principal difference between a dog and a man. - Mark Twain

    � If you think dogs can't count, try putting three dog biscuits in your pocket and then give him only two of them. - Phil Pastoret




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  • Macaca
    02-28 09:39 AM
    Jack Abramoff, Jack Abramoff ... (http://www.nytimes.com/2008/02/28/opinion/28thu2.html?ref=opinion) NYT Editorial, Feb 28

    Anxiety is palpable in the House as lawmakers try to wriggle out of a vote on whether to create an independent Office of Congressional Ethics. Despite last-minute cries of alarm and resistance from both sides of the aisle, the public is counting on Speaker Nancy Pelosi to stand fast and steer this overdue dose of ethics reform to passage.

    The office would have six professionals, appointed by the two party leaders, charged with the task of screening complaints of misbehavior for possible referral to the House ethics committee for fuller inquiry. Opponents from both parties openly worry that partisan rivals would hand over false complaints and that any investigation � including those that don�t result in a referral � could threaten their careers.

    Fears of any runaway inquisition can be more than negated by the appointment of blue-ribbon, nonpartisan professionals. Even now, those fears are being exploited by some Republicans. According to National Journal�s Congress Daily, Republican staffers have been threatening to use the office to target a hit list of Democrats this fall. This would be a new low in tooth-and-claw partisanship, and cooler heads had better prevail in the caucus.

    Members should face up to a vote that tests their mettle � and most recent campaign promises � as upholders of ethical reform for the peoples� House. We suggest lawmakers fight their anxiety by quietly repeating the name Jack Abramoff, Jack Abramoff � the imprisoned superlobbyist who corrupted House members � as a prevote mantra.

    Or they could chant the name Rick Renzi, the House member indicted on 35 counts of fraud, money laundering and extortion for allegedly netting $700,000 in a political land scheme. He joins a half-dozen other members plus staffers already brought down while the House ethics committee looked the other way.

    Critics have compromised the measure enough by stripping subpoena power from the proposed integrity office. However anxious, the House can�t duck cleaning up its ethics act. Lawmakers may even find doing the right thing an impressive accomplishment to present to the voters back home.


    Louisiana Governor Pierces Business as Usual (http://www.nytimes.com/2008/02/28/us/28jindal.html) By ADAM NOSSITER | NYT, Feb 28



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  • USDream2Dust
    06-06 10:24 PM
    Yourself? or people who already bought houses or are planniing to buy houses.

    Anyway. No offense but there are choices in life.

    1. Work for small company or big company.
    2. Job or do business
    3. Use AC21 or not
    4. Do contracting or full time
    5. Come to US or stay in your country.
    6. Buy house before GC or not
    7. Invest in stock vs Money Market
    .
    .
    blah blah and blah

    We all make choices and take chances. It is called Risk. If you take Risk you have rewards. If you don't take Risk no rewards.

    Everybody who bought house including me are shaken by current market. Having said so, I would never even think twice to repeat the same thing again in today's market. If I have another 10% downpayment, I would buy another house and may be give on rent and become landlord. Any way that is me.


    The point is we all take risks in one way or other and sometimes we win sometimes not. But here is something that keeps me going. That is RISK. Life would be boring playing safe. So do what is right for you. Even if that means spending 2x rent.

    Any way. Good analysis.

    Thanks,
    USDream2Dust




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  • srikondoji
    09-26 02:48 PM
    I have spent 10 years in the hope that i will able to get a GC soon and settle down. I eagerly waited for a change in the EB category of the Immigration system. This change didn't happen in the Clinton administration nor in the Bush administration. I also don't see this happening in the next administration that is going to take over this country soon.

    After spending 10 years in United States, i have started working on my plans to move back to India.
    Every administration past or present has lumped skilled immigrants in the same category as immigrants who enter united states illegally.
    Due to their sheer number, almost all initiatives to fix the immigration system has been to safeguard the borders, punish the employers who hire people without proper paper work etc. Skilled immigrants figure no where in their policy statements.
    Despite working hard during the last years CIR bill, to make officials realize the distinction betweek illegal and skilled immigrants, we have to face the failure.
    Even though i am hoping to see Obama succeed in this Presidential race and bring the change he promised to America, i am making my plans to move back to India as an alternative.
    --sri



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  • sanju
    12-18 05:41 PM
    Why is it that there are no true democracies in the middle east? Have you ever thought of that? Do you realize that in a country like Saudi Arabia women are oppressed and they have to follow the dictates of the mullahs!! Every person, irrespective of their personal faith is subject to the Sharia laws!! Is that justice!! Why is it that Muslims don’t see oppression within their own country and try wage a jihad against that? Why is it that Muslims don’t want to spend time and effort cleaning up their own house?


    Let me tell why, because it has got to be someone else's fault. Those terrorist who attacked America no 911 had nothing to do with Chechenya or Palestine or Darfur. They were merely blinded by their twisted world view that was based on their twisted belief system. And the applied to the terrorist who attacked Mumbai on 11/26.

    Although it is difficult to swallow what these misguided guys did, it is even more difficult to see EDUCATED LITERATE people defend barbaric heinous inhuman actions in the name of religion. I can't even image in the wildest of my dreams anybody's GOD will tell someone to conduct such acts and anybody's GOD will tell that person to defend such acts. This has got be work of an extremely inferior mind which says - lets try to reason out why such attacks are conducted on unarmed civilians including woman and children. Denfending such acts in the name of religion is worst than participating in this crime against humanity.

    And if I am incharge and decision maker, if the objective of terrorist is to draw attention to a specifc cause to solve it to their liking, I will make sure that that issue is never EVER addressed. No compromise and no negotitions with terrorists, EVER.


    .




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  • Rayyan
    01-07 05:58 PM
    ^^^^^




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  • desi485
    08-05 11:36 AM
    This person hiding behind the user id "Rolling_Flood" is an extreme selfish person. The whole idea of our community is to help each other and to provide support & guidance to each-other. Instead he is trying to stop others from getting this advantage, trying to make us believe that EB-2 is his birth-right. I am in EB-2, but I do not support this selfish fox, he will harm the IV community exploiting 'divide & rule' policy. :mad:




    i4u
    09-20 08:11 AM
    How many believe that the vote on Tuesday will allow for the inclusion of Dream Act in the Defense Authorization Bill?
    How many believe that if it does get the votes on Tuesday, it will be passed on Wed or Thursday as some claim it?




    ss1026
    12-20 03:32 PM
    I was saddened and anguised with the terrrorist attacks that happened in Mumbai. I hope India follows up on its tough talk and goes after the perpetrators, no matter their affliation or the consequences. That was a provocation and I would love to see LeT or anyone else responsible to pay for it.

    But It is sad to see 'educated individuals' channeling their anger to demonize muslims who are equally upset with the Mumbai incident. Just like any religion/race, there are extreme elements among muslims. But this guilt-by-association should not have any place in modern society though sadly it does. There have been subtle and some not-so-subtle attempts on IV to protray all muslims as terrorists or all terrorists as muslim.

    I agree that there are a lot of current terrorist activities that can be attributed to muslims and I condemn them. But Indian muslims have stood up against this latest incident. They are asked to wear their allegiance on the sleeve as if they are in some way responsible for this heinous crime. There are numerous examples of non-muslims who are terrorists but in my view that does not render the whole community as such. The gujarat genocide, the attacks on christians in Orissa and other parts are led by the VHP/RSS but the right wing marketing blitz has been so effective, a lot of people have defended this as a reaction. That is exactly the kind of excuse the LeT or any other terrorist organization would make.

    Why is it so hard to say - Lets punish the guilty irrespective of their name or religion. Lets have a transparent Criminal justice system. Lets investigate any crime before guilty verdict is pronounced. That would render ineffective any propaganda that extremists use to recruit new members. Most of the people in this forum live in America and the law of this country would be in my view a good example of punishing the guilty irrespective of who and where they come from.



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  • sashram97
    09-15 03:21 PM
    Hi,
    I-485 filed in july 2007. I-140 cleared in 2005.
    We filed for GC in 2003 (eb3) in spite of my husband having two advanced degrees (M.Tech and Ph.d) but he is not working in the same field of ph.d. His company randomly filed in eb3 for all the employees.
    But now my husband is diagnosed with chronic disease. We are thinking if we switch to eb2 since he is eligible to do that, atleast he would get some medical benefits for the treatment.
    How do we proceed with this? Do we have to file labor again?
    Any suggestions would be really appreciated.




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  • kanshul
    05-25 08:32 AM
    The important thig is the period since yoour last admission to the US before July 2007.

    Say you entered in Apr 2007 then you would not have accumulated 180 days of unauthourized stay in US before filling 485 and you will be OK.




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  • rockstart
    09-19 12:35 PM
    I know some people whose employers are lazy not to file new LCA when they switch jobs and move states. Some employers do it because they want to run payroll from certain states like Texas Florida where there is no state tax. I guess these people claim in consulate that they stay at the location where the employer is based and fly in -out to client places so do not need LCA of those places as they are not residents of that state. This is risky but consulates do not ask for LCA in most often cases never heard of any till now. Just pray you are lucky this time & from next time make sure your employer does it on time.




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  • WeShallOvercome
    08-22 12:28 PM
    Hi,

    I did not sign in the 325 form...where it says that sign here

    "if your native alphabet is other than Roman letters, write your name in native alphabet below".

    Would this be a concern?

    Thanks

    Your question is not clear.

    did you forget to sign the G-325A form where it says "Sign here"
    OR
    did you forget to write your name in native alphabet?

    In first case, it will be considered improperly filed and chances are it will be rejected.
    In second case, even if your native language is other than English, the person who does initial review will not know that and it will be accepted and processed.

    I hope it is the second case .



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  • rajeshalex
    12-13 09:44 AM
    seems to be a good idea




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  • tc2007
    05-08 05:53 PM
    Hi
    My I140 has been denied 2 times. 1st time was in EB3 Professional and 2nd was in EB3 Skilled worker category. I am not sure the reason for the 2nd denial since I am waiting for the notice letter.

    I urgently need an attorney who has recently cleared a few cases with 3 year degree (only 3 year degree not combination with Masters / Diploma etc)

    If you are someone who has 3 year degree and recently got approval, please IM me your attorney's details.

    Thanks



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  • TwinkleM
    07-02 02:16 AM
    If the H1 - transfer gets denied, isn't there an option of filling a appeal? I guess, one has 15 days to get out of the country, but he or she ca file & appeal & stay in the country but cannot work...

    Pls. correct me if I am wrong...




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  • kirupa
    10-27 10:37 PM
    Did anyone else try converting this to plaintext before realizing it was random?
    I was about to try to decipher it before you just mentioned that haha.



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  • kirupa
    01-11 09:43 PM
    Many of the Windows Live apps (Writer, Messenger, etc.), Windows Server Add-Ins/Components, Expression, and a handful that I can't remember use .NET either exclusively or just for the UI.

    With .NET you still have the ability to make OS-level calls using the platform invoke methods. Here is an example where I showed how to do that: http://blog.kirupa.com/?p=256

    :)




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  • cdeneo
    04-01 12:29 AM
    Gap in employment and porting priority date:

    What if there is a gap of employment between leaving the previous employer who made the initial green card application under EB3 and joining the new employer who is willing to make a new application under EB2.

    I-140 is approved, I-485 was pending for more than six months when the employee left the first company and has had a gap in employment for a few months. The employee has joined the new company using EAD. I-140 has not been revoked.

    Would applying for the green card under EB-2 and trying to port the EB-3 priority date cause any complications given the gap in employment. The new job satisfies the same or similar job requirement with a 50% bump in salary and meets the EB-2 requirements. Would really appreciate your insight on the risks to be aware of if any due to the gap in employment. Thanks!



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  • perm2gc
    04-20 10:15 AM
    Is it possible to extend H4 status after using EAD for a person whose I-485 pending in derivative status.

    I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
    It seems to discuss reg. using AP to enter the country and maintaining H status.

    Not sure if anyone here has done the extension of H4 after using EAD.


    Cronin memo:

    Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)

    Appreciate any comments reg. this,

    There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.




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  • gc122004
    07-25 03:50 PM
    I would like to request for info pass, let us say If I need it on August 2nd week how many days before I can login to info pass and take that.

    In other words if I go an take Info pass today when can I get the erliest scheduled date?.

    Thanks,

    I fixed infopass appt last week for my interm EAD through infopass.uscis.gov. It showed me a date exactly 91st day from the date of RC date so I fixed that date. Hope this helps.



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  • sushilup
    07-18 11:01 AM
    Thank you for your response.

    I will appreciate if you could answer these 2 questions.
    1- If 485 get denied, can I go to company-A and start working on approved H1B
    2- Also, can I use approved 140 at company A (even 485 denied, since not working at A) to extend H1B for 3 years

    You can use the approved I-140 from company A to get a 3 year H-1 for company B assuming your priority date is not current. However, because you have not been working for company A, you are technically not in valid non-immigrant H status and though Company B's H-1 petition should be approved for three years, the extension may not be granted. This means that at some point you would have to leave, get a new H visa and then return.




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  • mss007
    02-24 06:59 PM
    No need I-485 receipt.. I came on AP they didn't asked the receipts of I-485
    even if they ask the copies are enough.
    No need to worry if she has original AP.



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  • rkp27
    07-01 10:23 AM
    Congrates to thoes lucky folks who received golden email about card production ..

    Appriciate if you share your happiness .. just want to see how many of us are lucky..

    Good luck guys..




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  • fatboysam
    09-20 01:51 PM
    I am going out of country for 8 weeks, do you think i can move to state minimum insruance during this period and save some money ?

    Please provide your valuable opinion.

    Thanks



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  • Photogenius
    04-17 04:04 AM
    rofl!!!!!!!! :beer: I use messenger but still, its very funny!




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  • lazycis
    10-19 01:22 PM
    I have a similar timeline - applied for LC in February 2002, got approval in December 2003, filed I-140 in February 2004, I-485 in March 2004. Currently filing for my fifth EAD! The USCIS not only tortures the whole family (it's a common practice that name check is pending only for primary applicant) but makes us to pay for the wait! My son was born around the time we filed for adjustment of status, he will go to school soon but we are still not sure whether we will be allowed to stay. We cannot plan ahead and open education funds for our children. My wife cannot go to college, as she is not eligible for in-state tuition discount. Needless to say, I am forced to sacrifice my career as the whole thing is dragging for 5+ years and I have to work at the same position to keep GC process alive. I've got MCSD certificate and outgrew my position long ago. I cannot quit my job and found a new business.
    The USCIS explains the delay by national security interests, but the national security requires the very opposite - speedy processing of the background checks.




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  • nousername
    11-03 09:20 PM
    WOW, since May 2007.. This is F***E* BS man, sorry to hear about this.

    I would suggest switching your application to premium processing. I did that back in 2006 for my 6th year H1 renewal. It might cost additional $$$ but I guess it is well worth it.

    Good luck.

    My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.

    Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.




    Reggit
    10-13 12:52 AM
    I should really try thinking of the easy way out of these things. :P Just made my comic from 10 layers for the whole thing to about 40. Oh well, heh.

    Thanks again. :A+:




    ztopia
    03-31 02:32 PM
    123 & others,

    If u guys transferred over ur H-1, did u wait until u got the actual USCIS receipt (for the H1 transfer) before u started working at the new company?



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  • hyoungill
    04-28 09:04 AM
    Thank you very much, baba84!

    Here are description of "a" and "b" or "h". in I485 Part2.
    We are supposed to mark one reason for an adjustment to permanent resident.

    Part 2 says

    I am applying for an adjustment to permanent resident status because:

    "a": an immigrant petition giving me an immediately available immigrant visa number has been approved. (Atttach a copy of the approval notice-- or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

    "b": my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.

    "h": Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the U.S. for one year after admission). If additional space is needed, use a separate piece of paper.

    Thanks!!!




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  • thomachan72
    03-18 08:58 AM
    What are the rules for getting a new 3 X 2 year H1.
    Person leaves US while on the 5th year in November 07.
    applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
    However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
    Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?




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  • kolantiIV
    03-24 10:34 AM
    thing to read.




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  • kevinkris
    09-20 12:40 AM
    saileshdude, what are your details like PD, Service Center, RD, ND etc?

    I called NSC, but not info other than pending status.
    Excited & Tensed !!

    Between, what is G-28 ?

    I had a soft LUD on my+spouse 485 application today. I am current for this sept but will not be in Oct. Since there are no visa numbers available, I am guessing this must be either a potential RFE or my previous company lawyers may have withdrawn my G-28 representation

    Does anyone know if before an RFE , would they or did they get a SOFT LUD, is this common?

    Also if my previous attorney withdrew G-28 forms, will this also result in soft lud?



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  • needhelp!
    10-12 05:48 PM
    in less than 23 hours




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  • microbe
    February 17th, 2004, 11:35 PM
    i'm no pro, but i think the first is much better then the second. the framing of the image is a bit off, but to me that's what makes the image.



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  • CRAZYMONK
    03-17 02:53 PM
    Ram,

    I just sent a PM. pls check




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  • newbie2020
    09-05 05:08 AM
    If you can go out of the country and return on L1 the new I-94 will take effect. COS should not impact, An attorney can advise better on this.



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  • jonnalagedda
    06-24 07:11 PM
    I do not want to renew the advanced payroll, since I do not foresee travel within the next 18 months overseas. Is there a way I can skip the renewal this time around (1-year extension) and renew it the next time? If there is an emergency, I can still go to India and have the Visa-stamped since we have a valid H1/H4 right?
    Are there any risks here?




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  • SunnySurya
    07-13 08:21 PM
    This is just the sample list. The list goes on....
    http://immigrationvoice.org/forum/showthread.php?t=20052&highlight=lawsuit
    http://immigrationvoice.org/forum/showthread.php?t=20078&highlight=lawsuit
    http://immigrationvoice.org/forum/showthread.php?t=18258&highlight=lawsuit
    http://immigrationvoice.org/forum/showthread.php?t=17306&highlight=lawsuit
    http://immigrationvoice.org/forum/showthread.php?t=11983&highlight=lawsuit
    http://immigrationvoice.org/forum/showthread.php?t=11935&highlight=lawsuit
    http://immigrationvoice.org/forum/showthread.php?t=6324&highlight=lawsuit



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  • mzk
    04-07 11:34 AM
    EB2 ROW is usually current - if you qualify for it, it would be faster as compared to EB3 ROW.




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  • eastindia
    12-30 02:23 PM
    It does not look good. Has been oral arguments for some time now.


    Any updates? Did they move forward from the oral



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  • wandmaker
    08-18 08:58 AM
    Hello Gurus,

    Pl guide me and let me know my options for the below scenario...

    1. Me: Applied under EB2 (India) and have I-140 approved in September 2006.
    Status as of now : Applied as dependent (secondary) on my spouse 485 and have EAD and AP since July 2007.

    2. My spouse : Primary applicant - EB3 (India), December 2003.


    As the dates are NOT moving forward for EB3 (India), I want to port our GC application dates from my spouse priority ( EB3- India - December 2003) to mine (EB2 - India - September 2006)

    My question is, Can I change my status from dependent (secondary ) on my spouse 485 to me being primary applicant by invoking my approved I-140 (EB2 - India - September 2006), If YES what would be the process.

    Thanks in advance

    You cant port because it is different labor of two different people. As far as I know, when the EB2 (India - September 2006), labor date is current, you can file another 485 as primary and your spouse as dependent. Optionally, you can choose to withdraw your previous filings. Hope, this helps. Others can throw some light on this.




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  • lazycis
    12-20 09:22 AM
    She's done it aready. Why worry about the future? I do not see a problem with switching from B2 to H1. Hope she was not working while on B2 :)



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  • RollingStone12
    04-25 10:57 PM
    hi, first, I'm not trolling. I have a genuine question and I'm looking for answers seriously. I got laid off in 2009 while on a h1b and then for one reason or another, stayed back for 8 months. My understanding was that I could have gotten a new job within 6 months and then switched over my h1b. I was foolish. My I-94 on the h1b approval letter however had an expiration date of October 2011. By the time 8 months had gone by, I decided it was time to give up hope and return to my country.

    Since I've been here, my parents have started a campaign to get me a bride. Arranged marriages are part of my culture, and people marry based on how good a match it is according to one's birthchart. If I do find a USC who is willng too marry me, will it help me in any way immigration wise? Or will my 8 months out of status stay in USA chase me for the rest of my life?

    Already I have answered your question. the onus is on you to prove that you are not marrying for GC or USC and your marriage is genuine. If the US consulate or USCIS becomes suspicious..they wont give your any chance...no matter what. There are cases where one married to the USC and have US born kids...still not able to get the GC and facing deportation and spending good amount time with attorney and immigration court.




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  • ziggy7bs
    03-14 01:20 PM
    Have you filed i-140?



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  • glus
    10-21 06:53 AM
    Certain felonies make a person inadmissible, which means no Green Card may be issued for such a person for either 15 years of indefinitely. You need to be more specific. Crimes of moral turpitude are inclusive. There are some limited waivers for some, but not all grounds of inadmissibility.




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  • gc_bulgaria
    10-02 02:10 PM
    Hey guyz...

    Lets start our thread...oh! Ya...we are stuck in immigration hurricane season as well:)

    I am from NOLA

    I am from Baton Rouge:D




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  • small2006
    06-03 03:28 PM
    <<bump>>




    gcdreamer05
    01-27 10:12 AM
    Question to you guys, how did you get your passport back ? when ur case is under processing or 221g?




    gccovet
    10-07 12:10 PM
    Folks,
    I need to find document or URL which states that "Employer is responsible to pay for H1B extension for its employee" OR it is illegal for employee to pay for H1B extensions.

    Could somebody help me find that document/memo? I am trying to google it as well.

    I need to submit this to my HR urgently (Red tape process :-( ). I will very much appreciate if somebody has the link/doc/memo handy and point me to it.

    Thanks a lot in advance

    GCCovet.