unseenguy
05-31 03:00 PM
Could not agree more. We are masters of everything related to caste, quotas and discrimination and we need to fix our own house before complaining about other countries, airlines etc.
So until your house is fixed you will not complain against any injustice meted to you by others?
So until your house is fixed you will not complain against any injustice meted to you by others?
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sunny1000
06-25 11:14 PM
bump:):D:cool:;)
ameryki
10-07 11:59 PM
Hi,
Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.
My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).
Given all this, I have following questions.
a). Are there any risks associated with filing AP.
b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?
Appreciate any help/pointers on this.
Thanks
No risk associated with filing AP at all
You did not have to inform any official agency but she should have filed an I9 form (i think thats the form) when she used EAD for work
You cannot be on H4 and EAD either or
Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.
My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).
Given all this, I have following questions.
a). Are there any risks associated with filing AP.
b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?
Appreciate any help/pointers on this.
Thanks
No risk associated with filing AP at all
You did not have to inform any official agency but she should have filed an I9 form (i think thats the form) when she used EAD for work
You cannot be on H4 and EAD either or
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another one
02-12 01:43 PM
One way to think is; this forum is for people who want to do something about their state of affairs, and don't just hope that other's would fix the world for them.
if one has this attitude, then only confidence left to loose is one's own.
The other way to think is, damn, i gave $50 and still nothing happened.....in this case, let's hope Santa Claus are for real.
ok, i am beginning to lose confidence now... first no i-485 relief and now wait till CIR>.....last year, CIR turned out to be a big circus....i hope this time something productive happens....
why are we changing lobbying firm? what do you mean it is a strategic decision?
are we dissatisfied with our lobbying firm? pm me if you can post on public forum..
but we need answers....this leadership is going nowhere now......
if one has this attitude, then only confidence left to loose is one's own.
The other way to think is, damn, i gave $50 and still nothing happened.....in this case, let's hope Santa Claus are for real.
ok, i am beginning to lose confidence now... first no i-485 relief and now wait till CIR>.....last year, CIR turned out to be a big circus....i hope this time something productive happens....
why are we changing lobbying firm? what do you mean it is a strategic decision?
are we dissatisfied with our lobbying firm? pm me if you can post on public forum..
but we need answers....this leadership is going nowhere now......
more...
reachinus
07-20 11:25 AM
Hi,
1. I am on L1 with current company A(with current i-94 expiring in Nov 2007). I got my H1 approval this year from consultant B and they got the I-797B. This document shows the validity from Nov 2007-2010. But I have heard people get something called I-797A which has a new I-94 attached to it and in my case it is not.
Here are my questions.
1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?
2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.
3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.
4. Anyother suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.
Thanks in advance.
Here are my answers, may be wrong use it at your own risk.
1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?
No u cannot. Since u said the valid date is from Nov 07.
2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.
U have to leave the country and re-enter agin so that u will get a new I-94.
3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.
I don't think its possible, may be worng.
4. Anyother suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.
Its illegal to work before the start date mentioned and also since ur I-94 will expire u have to leave the country.
1. I am on L1 with current company A(with current i-94 expiring in Nov 2007). I got my H1 approval this year from consultant B and they got the I-797B. This document shows the validity from Nov 2007-2010. But I have heard people get something called I-797A which has a new I-94 attached to it and in my case it is not.
Here are my questions.
1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?
2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.
3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.
4. Anyother suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.
Thanks in advance.
Here are my answers, may be wrong use it at your own risk.
1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?
No u cannot. Since u said the valid date is from Nov 07.
2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.
U have to leave the country and re-enter agin so that u will get a new I-94.
3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.
I don't think its possible, may be worng.
4. Anyother suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.
Its illegal to work before the start date mentioned and also since ur I-94 will expire u have to leave the country.
geevikram
06-24 01:08 PM
.. and did my part. Did you..?
more...
nixstor
03-22 10:12 AM
I am new to the site and have been reading these posts and I have very little knowledge regarding the greencard processing. But as far as I know, law is not clear in this matter and this results in different interpretations by different people. There is also little scope for any law suit as the State Dept is the ultimate decision maker in these issues. see section 202 of INA Act
"(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed"
>> Good find. I havent noticed this. I will check this. This appears to be be granting immunity against law suits, if not, at least, weakens the claim of lawsuit <<
Also it is not clearly explained if EB categories take preference or country limits have preference over EB categories. The State Department can clearly argue that EB2 is entitled for 28.6% of total EB visas and per country limit does not apply as EB2 category still has unused visas left for use this quarter and they intend to maximize the use of total EB2 visas available. I think we should all stop arguing(because in the end it will not change a thing) about who should get the first chance at Green card and pray for all those friends who have been waiting for years and sincerely hope that their wait ends soon. Instead we should concentrate on how we can help each other and see about how we can improve the process
Initially my understanding was per country limits do not apply only in the final Quarter and PD trumps everything else. How ever, the snip from Nov05 VB says that AC21 modified this and unused visa numbers in any calendar Q can be assigned with out per country limits. You are exactly right. Some one in the line has to get out so that the line moves and people get ahead.
"(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed"
>> Good find. I havent noticed this. I will check this. This appears to be be granting immunity against law suits, if not, at least, weakens the claim of lawsuit <<
Also it is not clearly explained if EB categories take preference or country limits have preference over EB categories. The State Department can clearly argue that EB2 is entitled for 28.6% of total EB visas and per country limit does not apply as EB2 category still has unused visas left for use this quarter and they intend to maximize the use of total EB2 visas available. I think we should all stop arguing(because in the end it will not change a thing) about who should get the first chance at Green card and pray for all those friends who have been waiting for years and sincerely hope that their wait ends soon. Instead we should concentrate on how we can help each other and see about how we can improve the process
Initially my understanding was per country limits do not apply only in the final Quarter and PD trumps everything else. How ever, the snip from Nov05 VB says that AC21 modified this and unused visa numbers in any calendar Q can be assigned with out per country limits. You are exactly right. Some one in the line has to get out so that the line moves and people get ahead.
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tonyHK12
03-28 08:43 PM
Brother Tony...just ignore him..he is a frustrated coward. These kind of people become brave in forums...I real life they are the most nicest people. Let him feel that he is the man.
MC
Yes the amazing keyboard tigers.
MC
Yes the amazing keyboard tigers.
more...
gapala
03-20 09:50 PM
There is nothing really called transfer. When you are filing for the first time its counted against the cap. Otherwise its not. So when you are transfering the H1
1. You are not counted against the cap
2. Need to prove you are in status.
Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast.
Ok, Here's what law says about so called "transfer"
D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States;
(b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
(c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.
The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.
Further it says,
The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.
There are few other memo's on this I will try to post the links for reference
1. You are not counted against the cap
2. Need to prove you are in status.
Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast.
Ok, Here's what law says about so called "transfer"
D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States;
(b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
(c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.
The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.
Further it says,
The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.
There are few other memo's on this I will try to post the links for reference
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mirage
06-25 04:17 PM
They hushed up and approved my EAD in 20 days. Why ???? 'cos So they don't hit Jun'30 and give 2 years. They wanted to milk another 680 from me so they hushed up and sent me the 1 year EAD in 20 days.
more...
eb3_nepa
07-05 10:50 AM
I am on call with USCIS now. Press 1-2-3-6 and immediately agent would face to you by giving agent ID. Currently I am listening the music. She has just gone somewhere to have answers:mad:
O.K. Her reply:
1) It does not matter what expenses you had to bourne, USCIS is not simply
accepting applications till October 2007.
2) My next Question was: What would be the probability of my PD become current at October 2007, Ans: we can not predict at this time:(
3) Next Q: If my PD does not become current for one year from now then would USCIS consider releasing any help or policy to pay back the medical expense and expense for my travelling back from India?
A: USCIS at this moment can not take any stand on that.:mad:
- BharatPremi
Dude you asked ALL the wrong questions. Did you not read the part where I specified that they are all CONFUSED out of their SKIN. Its like asking a second grade child if he agrees with the Theory of relativity.
O.K. Her reply:
1) It does not matter what expenses you had to bourne, USCIS is not simply
accepting applications till October 2007.
2) My next Question was: What would be the probability of my PD become current at October 2007, Ans: we can not predict at this time:(
3) Next Q: If my PD does not become current for one year from now then would USCIS consider releasing any help or policy to pay back the medical expense and expense for my travelling back from India?
A: USCIS at this moment can not take any stand on that.:mad:
- BharatPremi
Dude you asked ALL the wrong questions. Did you not read the part where I specified that they are all CONFUSED out of their SKIN. Its like asking a second grade child if he agrees with the Theory of relativity.
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pappu
04-29 11:19 AM
Update: In the subcommittee hearing tomorrow let us expect our issues raised. IV has successfully communicated issues of IV community to the subcommittee members. Let us wait to see if all of those are addressed in questions. This is all possible due to support of members who contribute to help us with lobbying efforts.
more...
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andy garcia
09-25 02:36 PM
Most countries do not have 9,800 EB applicants every year - in fact, most countries use well under 1,000.
The total number of applicants from other countries can be derived from roughly estimating number if H1 holders, adjusting for Indians and Chinese, and then dividing by 2 (50% of H1Bs never end up getting a green card), and then multiplying by 2 to adjust for derivatives. The bottom line - there are visas available in EB2 ROW and EB1 categories (which are current, meaning, undersubscribed), that are getting redistributed to EB3 ROW. This is why EB3 in total is using more than its share of 140,000 EBs. In fact, I believe the dates will be moving pretty fast on EB3 ROW, it will probably get all current in a couple of years.
From the last report of FLC.
80,029 cases certified between Oct. 1, 2005, and Sep. 30, 2006.
55 % were issued for workers from just the five countries of India, China, South Korea, Philippines, and Mexico.
_-Country ____ Cases ______%
Of Origin ____ Certified
India _______ 22.645_____ 28.3
China________ 7,434______ 9.3
S. Korea______ 5,330______ 6.7
Philippines_____4,601______ 5.7
Mexico________4,388______ 5.5
Total _______ 44,398 ______ 55
The total number of applicants from other countries can be derived from roughly estimating number if H1 holders, adjusting for Indians and Chinese, and then dividing by 2 (50% of H1Bs never end up getting a green card), and then multiplying by 2 to adjust for derivatives. The bottom line - there are visas available in EB2 ROW and EB1 categories (which are current, meaning, undersubscribed), that are getting redistributed to EB3 ROW. This is why EB3 in total is using more than its share of 140,000 EBs. In fact, I believe the dates will be moving pretty fast on EB3 ROW, it will probably get all current in a couple of years.
From the last report of FLC.
80,029 cases certified between Oct. 1, 2005, and Sep. 30, 2006.
55 % were issued for workers from just the five countries of India, China, South Korea, Philippines, and Mexico.
_-Country ____ Cases ______%
Of Origin ____ Certified
India _______ 22.645_____ 28.3
China________ 7,434______ 9.3
S. Korea______ 5,330______ 6.7
Philippines_____4,601______ 5.7
Mexico________4,388______ 5.5
Total _______ 44,398 ______ 55
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purgan
07-10 04:00 PM
I called today and reiterated our request for Rep Smith's support. I wanted to vote on the poll bt apparently its closed now..
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GreenGrass
09-21 09:26 PM
I second that. Ranga, from NJ had an idea about making a documentary to project the whole issue
Can we form a Human Chain protest across the major cities of the country at a predefined date and time. for instance, say Nov 9th between 11.AM and 1 PM.
This way more local people, across the country, can participate and as the timing is around lunch hours, I presume many of us can get back to work within the two hour duration.
May be this decentralized & concerted effort in all major cities/states across the country at a specified time may gather main stream media attention.
This is just a thought...
-iOptimist
Can we form a Human Chain protest across the major cities of the country at a predefined date and time. for instance, say Nov 9th between 11.AM and 1 PM.
This way more local people, across the country, can participate and as the timing is around lunch hours, I presume many of us can get back to work within the two hour duration.
May be this decentralized & concerted effort in all major cities/states across the country at a specified time may gather main stream media attention.
This is just a thought...
-iOptimist
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santb1975
02-18 12:20 PM
it got too cold so we had to go home. We got around 19 letters signed yesterday after our So.Cal meetup
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pappu
04-28 11:43 AM
Thanks dba9ioracle.
thank you for your paymentPayment by PayPal
Total amount: $100.00 USD
Receipt ID: 70C41707463138256
We are working on the technical issue so that you can post on the forums with your id
thank you for your paymentPayment by PayPal
Total amount: $100.00 USD
Receipt ID: 70C41707463138256
We are working on the technical issue so that you can post on the forums with your id
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diptam
06-25 05:28 PM
Yes , its Free :D Anyway - lets talk with a 3rd person (maybe USCIS) and confirm. Its Free, if you read the EAD forms its clearly written that once some one pays $340 ( not other amount) it becomes FREE for ever. I just checked the EAD forms again before writing this post - let me PASTE from EAD forms if that clear the confusion.
Renewal EAD: If this is a renewal application and you
applying under one of the following categories, a filing fee
not required:
1. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
3. (a)(11) Deferred Enforced Departure; or
2. (a)(10) Granted Withholding of Deportation;
4. (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;
5. (c)(9) or (c)(16) adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007.
No it is NOT free from there on.
Btw I just got "screwed over" by the USCIS ;). I "missed" the June 30th deadline by 5 days. Our EADs got appoved today. If only the USCIS was as effieicient with 485s as it is with monetary screw overs :rolleyes:
Renewal EAD: If this is a renewal application and you
applying under one of the following categories, a filing fee
not required:
1. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
3. (a)(11) Deferred Enforced Departure; or
2. (a)(10) Granted Withholding of Deportation;
4. (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;
5. (c)(9) or (c)(16) adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007.
No it is NOT free from there on.
Btw I just got "screwed over" by the USCIS ;). I "missed" the June 30th deadline by 5 days. Our EADs got appoved today. If only the USCIS was as effieicient with 485s as it is with monetary screw overs :rolleyes:
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navinms
05-27 02:10 AM
$50
Receipt ID: 3029-0309-9922-2860
Receipt ID: 3029-0309-9922-2860
hebron
06-15 03:39 PM
If I were you, I would make it clear to the employer that you qualify for tier 1 in UK and educate them on benefits of tier 1 vs waiting for green card then go from there. It worked for me.
My plan was to see if I can upgrade to EB2 with the same employer. My attorney just shut my hopes down this afternoon. Per my attorney, the job description has to differ by atleast 50% if I were upgrade from EB3 to EB2 with the same employer. I guess it is hard to prove that Principal Software Engineer's job description and Software Engineer's job descriptions differ that much.
At this point I have not other option but to wait it out. I cannot move to a new employer and refile in EB2 because of valid reasons.
My plan was to see if I can upgrade to EB2 with the same employer. My attorney just shut my hopes down this afternoon. Per my attorney, the job description has to differ by atleast 50% if I were upgrade from EB3 to EB2 with the same employer. I guess it is hard to prove that Principal Software Engineer's job description and Software Engineer's job descriptions differ that much.
At this point I have not other option but to wait it out. I cannot move to a new employer and refile in EB2 because of valid reasons.
gapala
03-24 10:20 PM
There is a reason, I said read it and understand it. I don't think you have understood it.
The bottom line is that opinion letter is written by a USCIS officer and that I was referring it. And most important of all, you were proven wrong, again. That is the real reason of you being upset.
_______________________
Not a legal advice.
US citizen of Indian origin
I truely hope you are correct and op is out of the woods, but will wait until we get verdict from CIS. nrakkati please post when you hear from CIS on this situation. Good luck with your GC.
The bottom line is that opinion letter is written by a USCIS officer and that I was referring it. And most important of all, you were proven wrong, again. That is the real reason of you being upset.
_______________________
Not a legal advice.
US citizen of Indian origin
I truely hope you are correct and op is out of the woods, but will wait until we get verdict from CIS. nrakkati please post when you hear from CIS on this situation. Good luck with your GC.
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