GCInThisLife
07-19 01:56 PM
I think desi3933 is correct. It is the employees responsibility to maintain the status and all the employee can do is to sue the employer for the pay. Even I am not sure about 30 day rule, but employee should be getting payed on H1B. Also it may only be necessary to prove the legal status since the last entry.
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gc_check
10-27 09:04 AM
Well, what is the point in saying it now, he should have said it in the 90s and early 2000 when industry was booming and people found a career path in coming to the US.
Right now, so much work is outsourced and it is continuing. Very difficult to get a IT job in US on h1b and IT consulting on h1b also facing so many hurdles. For any new immigrant on a software job who wants to get a h1b visa and green card - it is not an easy task.
From from the article. "On wooing back Indian talent, Murthy said there was no need to increase their salaries by 50 times to ensure this. But their lives could be made easier by providing schools, making sure that power condition and commuting is reasonably all right " Looks like he wants to still have the "less expensive" advantage over non-Indian companies / competition and he just wants more and easy H1B's and does not like the path to permanent residency and eventually citizenship and integrating with the American society - which is what American immigration is for. Just need the $$$. Though there are many good to learn from this company and this man, I do disagree with his views when it comes to immigration to USA.
Right now, so much work is outsourced and it is continuing. Very difficult to get a IT job in US on h1b and IT consulting on h1b also facing so many hurdles. For any new immigrant on a software job who wants to get a h1b visa and green card - it is not an easy task.
From from the article. "On wooing back Indian talent, Murthy said there was no need to increase their salaries by 50 times to ensure this. But their lives could be made easier by providing schools, making sure that power condition and commuting is reasonably all right " Looks like he wants to still have the "less expensive" advantage over non-Indian companies / competition and he just wants more and easy H1B's and does not like the path to permanent residency and eventually citizenship and integrating with the American society - which is what American immigration is for. Just need the $$$. Though there are many good to learn from this company and this man, I do disagree with his views when it comes to immigration to USA.
spicy_guy
11-09 12:52 PM
I have travel tickets booked for 18th this month. No sign of AP yet.
Can I travel to India without AP and have someone mail AP to India?
Has anyone done this? Any issues?
Appreciate your input on this!
Can I travel to India without AP and have someone mail AP to India?
Has anyone done this? Any issues?
Appreciate your input on this!
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bestin
05-15 10:30 PM
Were you witness to what happened in his home on that day?? If not, don't be judgemental....leave that to him and his wife and to family court. IV is not for "every good cause"...we are having very difficult time ourself...
Looks like you already received GC and you have great & lot of time to get into other issue.
Munna Bhai ,I am at your side too.
BTB snathans story was good.But the issue of divorse wont have cropped up if his wife (or himself) have behaved that way earlier in your story.
I think a good % of us need file divorse to rejenuate our married life as per his story. :D:D...kidding . Next action plan.
Looks like you already received GC and you have great & lot of time to get into other issue.
Munna Bhai ,I am at your side too.
BTB snathans story was good.But the issue of divorse wont have cropped up if his wife (or himself) have behaved that way earlier in your story.
I think a good % of us need file divorse to rejenuate our married life as per his story. :D:D...kidding . Next action plan.
more...
eilsoe
02-16 06:10 PM
voting ended, thread died :-\
what gives??
oh, Soul, thx for the battle ;)
it was scary in the end...
what gives??
oh, Soul, thx for the battle ;)
it was scary in the end...
sapota
10-11 05:02 PM
bcos I was there stuck at BEC with no result in sight for 4 years.
My advice would be to file for another LC through PERM ( I know its hassle) & file it in the EB2 category if you are eligible (even if your company might not sponsor the 2nd labor, you should probably foot the bill). This way, you can retain your old priority date & file in EB2 sooner. Or maybe wait & watch how the cutoff dates progress ( I think EB3 will surely move to 2003 soon (early/spring 2008) for India.
I know that its not easy looking at all the threads talking about starting company using EAD, buying homes, recpt. number, AC21 etc. when you missed the boat to file I-485. But hang in there. When one door closes, another one opens.
My advice would be to file for another LC through PERM ( I know its hassle) & file it in the EB2 category if you are eligible (even if your company might not sponsor the 2nd labor, you should probably foot the bill). This way, you can retain your old priority date & file in EB2 sooner. Or maybe wait & watch how the cutoff dates progress ( I think EB3 will surely move to 2003 soon (early/spring 2008) for India.
I know that its not easy looking at all the threads talking about starting company using EAD, buying homes, recpt. number, AC21 etc. when you missed the boat to file I-485. But hang in there. When one door closes, another one opens.
more...
Legal
07-20 01:08 PM
However if you can get visitor visa and after entering america, if you apply for a I-485, most probably USCIS will approve your case. Therefore, In my opinion the challenge is getting B1/B2 visa when her husband is waiting for a adjustment of status.
No, it is not a question of whether she can get a visitor visa or not. I think the question is whether she CAN RISK applying for a visitor visa? The answer is NO. Filing for her to join or H1 seem to be the only options.
No, it is not a question of whether she can get a visitor visa or not. I think the question is whether she CAN RISK applying for a visitor visa? The answer is NO. Filing for her to join or H1 seem to be the only options.
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nixstor
12-13 04:34 PM
gmatch,
speak to a lawyer and stop responding to people on this thread!! everyone pontificates. all the people who are screaming from their rooftops here about ethics etc., would readily accept an offer of reusing a previously unused LC if their employer gave them the option.
just my 2 cents.
Do you accept one if you were given one right now? If yes, why would you accept it? If not, why wouldn't you accept it? I wouldnt have posed this Q but by looking at what you said, it appears that you support labor substitution as long as both the employer and employee can hush up the money involved and leave no proof.
On the flip side, there are so many people who wouldnt take a substituted labor. Please do not generalize.
speak to a lawyer and stop responding to people on this thread!! everyone pontificates. all the people who are screaming from their rooftops here about ethics etc., would readily accept an offer of reusing a previously unused LC if their employer gave them the option.
just my 2 cents.
Do you accept one if you were given one right now? If yes, why would you accept it? If not, why wouldn't you accept it? I wouldnt have posed this Q but by looking at what you said, it appears that you support labor substitution as long as both the employer and employee can hush up the money involved and leave no proof.
On the flip side, there are so many people who wouldnt take a substituted labor. Please do not generalize.
more...
tnite
07-04 05:26 PM
Medical - 350
Gas - 100
Photos - 60
Xerox - 50
Affidavits - 200
Hotel in NJ - 100
Paralegal Fees - 700
I flushed $1560 down the USCIS toilet
Gas - 100
Photos - 60
Xerox - 50
Affidavits - 200
Hotel in NJ - 100
Paralegal Fees - 700
I flushed $1560 down the USCIS toilet
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eb3_nepa
03-16 04:21 PM
I have just read it.
Did you read the Tancredo send a letter to the SJC to warn them?
Can you pls post that letter here?
Did you read the Tancredo send a letter to the SJC to warn them?
Can you pls post that letter here?
more...
nozerd
12-26 02:04 PM
Customer Service creates a service request and send just standard off the shelf letter saying wait we are processing your case. The letters used to say 3 months but now sayd 6 months.
I think a lot of ppl in this forum are under the misunderstanding that once their date becomes current they will get Green Card soon. That is reaslly not true and once your date becomes current its just another battle all over again.
Some ides that I have heard work are
1) Calling congressman/senator and asking them to help your case.
2) Writing to Ombudsman.
Since no one in America does much of anything in December I am planning to start trying with congressmans office in mid Jan. I have to do something and try - I cant keep sitting hands folded. Or they will say quota is over before we know it - remember ROW is at 2005.
I think a lot of ppl in this forum are under the misunderstanding that once their date becomes current they will get Green Card soon. That is reaslly not true and once your date becomes current its just another battle all over again.
Some ides that I have heard work are
1) Calling congressman/senator and asking them to help your case.
2) Writing to Ombudsman.
Since no one in America does much of anything in December I am planning to start trying with congressmans office in mid Jan. I have to do something and try - I cant keep sitting hands folded. Or they will say quota is over before we know it - remember ROW is at 2005.
hot currently own a panda hat,
rahulpaper
07-02 03:21 PM
Total 1000+ (Medical/Photograph/Travel to Doc/Postage/affidavits/phone calls/etc).
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Berkeleybee
03-10 12:41 PM
Sbdol,
Our goal from these meetings is simple: to get the issue on the radar.
Remember usually when lawmakers/lawmaker district office staff hear "immigration" they think "illegal immigration." Our presentation is usually the beginning of their education -- we have no expectation that they have "deep" or any knowledge of the nitty gritty.
All we want is that they send our material to their Immigration aide in DC, and recognize that there is an issue out there.
BTW, sbdol what volunteer team are you on?
best,
Berkeleybee
Our goal from these meetings is simple: to get the issue on the radar.
Remember usually when lawmakers/lawmaker district office staff hear "immigration" they think "illegal immigration." Our presentation is usually the beginning of their education -- we have no expectation that they have "deep" or any knowledge of the nitty gritty.
All we want is that they send our material to their Immigration aide in DC, and recognize that there is an issue out there.
BTW, sbdol what volunteer team are you on?
best,
Berkeleybee
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Administrator2
05-15 01:31 PM
Guys, This discussion has no relevance if the bills won't pass. So it is extremely important to call the specific House members. We are not trying to filibuster whatever you chose to dicuss. However, we are in crunch time and need all hands on the deck to gather support for the three bills. Please Please call the House members listed in this thread:
http://immigrationvoice.org/forum/showthread.php?t=19113
This is the most important thing right now. Kindly help.
Thank You!
http://immigrationvoice.org/forum/showthread.php?t=19113
This is the most important thing right now. Kindly help.
Thank You!
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gc_maine2
12-28 03:32 PM
Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
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like_watching_paint_dry
02-27 04:23 PM
Since the CP guys are in minority here , if IV has to invest for them (read we all have to pay for them ) let us see how much they can contribute for their own provision. Let us see if each one of them contribute more than 500 dollars to IV and posts the paypal number.
Why should majority allow a provison for some minority who do not even want to first contribute.
It's not like IV is not addressing their problem with the current mandate. IV seeks to address the retrogression issue. If retrogression is addressed, it will benefit the minority CP filers just as much as the majority 485 filers.
These two (willwin and tinku) somehow fail to understand that big picture and are only interested in getting IV contributors to pay for their short term interests - all because they made a mistake, got greedy, gambled, thought they can beat the 485 filers to the finish line by going CP... bla-bla-bla.
Not on my dime.
Why should majority allow a provison for some minority who do not even want to first contribute.
It's not like IV is not addressing their problem with the current mandate. IV seeks to address the retrogression issue. If retrogression is addressed, it will benefit the minority CP filers just as much as the majority 485 filers.
These two (willwin and tinku) somehow fail to understand that big picture and are only interested in getting IV contributors to pay for their short term interests - all because they made a mistake, got greedy, gambled, thought they can beat the 485 filers to the finish line by going CP... bla-bla-bla.
Not on my dime.
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raj2007
02-17 11:00 PM
thanks for your supportive words for CP filers now CP filers need some relief as they are not able to get an EAD/AC21. I think we could ask to allow CP filers to file 485 with out having dates current and conserdering their CP filing date to get EAD and AC21.
Thanks everybody we need your support to come out of this situation.
Sorry to say but it seems a tough call. I will not pin my false hopes on this.
I feel Eb2 will move very fast by Oct. than any possible change in law.
Thanks everybody we need your support to come out of this situation.
Sorry to say but it seems a tough call. I will not pin my false hopes on this.
I feel Eb2 will move very fast by Oct. than any possible change in law.
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helloh1
01-26 07:32 PM
Thanks lazysis.... your confidence is boosting my confidence too :-)
JaiHind....would you mind briefing me on your casez? why did ur employer charge 7K from you? did u also sign similar contract?
JaiHind....would you mind briefing me on your casez? why did ur employer charge 7K from you? did u also sign similar contract?
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coopheal
06-02 03:42 PM
Do not think anything wrong in voting. Atleast so many IV members are again active due to this voting. No harm...
It is not about "Is voting on OpenCongress right or wrong?".
If we had enormous resources (both money and human) I would not have cared people voting on this. We EB based GC seekers are a small group of people. On the top of that a very few of us actually do something that can alleviate our GC situation.
If people efforts are going to be diverted on actions like this, we may loose some of them when IV action comes in.
It is not about "Is voting on OpenCongress right or wrong?".
If we had enormous resources (both money and human) I would not have cared people voting on this. We EB based GC seekers are a small group of people. On the top of that a very few of us actually do something that can alleviate our GC situation.
If people efforts are going to be diverted on actions like this, we may loose some of them when IV action comes in.
immigrant-in-law
01-28 12:30 PM
seriously? you working in some gas station too? what other advantages have you taken of the system?
Sad to see students being punished like this. They are just taking advantage of the system and make some money, but not doing anything illegal. That's what we are all here for right? Make some money. If enrolling for F1 and working somewhere else is against rules, then why did USCIS issue F1 and CPT to the students.
Sad to see students being punished like this. They are just taking advantage of the system and make some money, but not doing anything illegal. That's what we are all here for right? Make some money. If enrolling for F1 and working somewhere else is against rules, then why did USCIS issue F1 and CPT to the students.
mwaikul
04-01 09:06 PM
Both faxes sent on behalf of me and my spouse.
You guys are doing a great job of higlighting our plight. I have also donated 100$. You guys should probably start a seperate thread for fund raising.
Anyways coming back to creating awarness. I thought somone should create a podcast something like the ones we hear on NPR. The other might take longer and that is to send a documentry to Google current. It a tv station that just airs user created content.
Yes you guys are right not many people are aware of the issue. Up untill a week back I was under the impression (ignorantly blissfull) that the bill being passed in senate is going to reduce the cap.
I think the first step to be treated on par with agriculture workers is to be organized like them.
I have send out personal emails to all my friends and if anyone wants to reuse please feel free.
Hey Buddy,
Take a look at this
http://immigrationvoice.org/forum/showthread.php?t=455
Please take the time to register and send a efax (its
quick I did it in less then 5 mins). The five mins
might save us years :) in gettting our green card.
You guys are doing a great job of higlighting our plight. I have also donated 100$. You guys should probably start a seperate thread for fund raising.
Anyways coming back to creating awarness. I thought somone should create a podcast something like the ones we hear on NPR. The other might take longer and that is to send a documentry to Google current. It a tv station that just airs user created content.
Yes you guys are right not many people are aware of the issue. Up untill a week back I was under the impression (ignorantly blissfull) that the bill being passed in senate is going to reduce the cap.
I think the first step to be treated on par with agriculture workers is to be organized like them.
I have send out personal emails to all my friends and if anyone wants to reuse please feel free.
Hey Buddy,
Take a look at this
http://immigrationvoice.org/forum/showthread.php?t=455
Please take the time to register and send a efax (its
quick I did it in less then 5 mins). The five mins
might save us years :) in gettting our green card.
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