mysticblue
08-17 11:33 PM
just remember to carefully preserve all payslips, email communications, and all other docs from this period. If and when you file for GC, you MAY need these docs.
But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.
Thanks. That helped a lot !
But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.
Thanks. That helped a lot !
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Alabaman
09-01 02:10 PM
It is time USA opens its borders to allow more people from good cultures like India to come and settle here. Americans can learn family values from Indians. If America restricts immigrants it will turn into a country of bigoted, nepotistic creeps who will export their ugly culture of disowning their own parents to our shores and around the world. Programmers have long enjoyed high inflated salaries that are unreasonable. These salaries now need to come down and be competitive globally. Time for a 'change' in immigration and congress to open its arms to immigrants who made this country so great. It is time to make Kennedy's dream a reality. Indians who settle here need to have loyalty to their culture and should not become Americanized. Take the good things from this culture and not lose your own good cultural values that made India the best country in the world until the gora British came and ruined it.
No offence intended, If India is the best country in the world with its "wonderful" cultures why are there so many Indians hell bent on getting the Green Card? Waiting so many years painfully? Why not just return home and live in "best place on earth"? Why would you want to turn America into India? It is good to respect your host country's culture. They are not perfect and so also are many other countries. Please let's call a spade a spade and nothing else.
Having said that, this article reminds us that the debate should be: What group of people does America need to allow into this country on a permanent basis? (Emphasis on permanent basis). Aged parents of US citizens or long time resident and highly skilled immigrants?
If I had a chance to write this part of the immigration law, I would stop a system where US citizens can file green cards for sibblings and parents. I would however, make it almost automatic for parents of citizens/green card holders to be granted 5 to 10 year visitor visas. I dont expect my parents who are in their 60s to move to the US. To do what at that age?? I cant sit at home with them... they will just be lonely!!
I would also stop the green card lottery program. The freed up green quota from these two groups I will move to long time LEGAL residents (say 5 years or 10 years) who have been paying taxes, working and contributing to the economy.
No offence intended, If India is the best country in the world with its "wonderful" cultures why are there so many Indians hell bent on getting the Green Card? Waiting so many years painfully? Why not just return home and live in "best place on earth"? Why would you want to turn America into India? It is good to respect your host country's culture. They are not perfect and so also are many other countries. Please let's call a spade a spade and nothing else.
Having said that, this article reminds us that the debate should be: What group of people does America need to allow into this country on a permanent basis? (Emphasis on permanent basis). Aged parents of US citizens or long time resident and highly skilled immigrants?
If I had a chance to write this part of the immigration law, I would stop a system where US citizens can file green cards for sibblings and parents. I would however, make it almost automatic for parents of citizens/green card holders to be granted 5 to 10 year visitor visas. I dont expect my parents who are in their 60s to move to the US. To do what at that age?? I cant sit at home with them... they will just be lonely!!
I would also stop the green card lottery program. The freed up green quota from these two groups I will move to long time LEGAL residents (say 5 years or 10 years) who have been paying taxes, working and contributing to the economy.
pmpforgc
04-27 10:18 AM
Hi
I think it is true that you need to be careful with Indian immigration people.
Two three years back One of my senior NRI friend's wife who is US citizens passport was Intentionally Lost by Immigration People at bombay airport by immigration people, which could be recovered after SEVERAL DAYS of INTENSE PRESSURE on immigraton people by US consulate authorities as well as official complaints at Police.
SO you can not ignore this issue. You definately need to be careful when you hand over your documents to Airport peoples at Indian airports.All may not be that bad, but several such cases are happened.
I think they do this only to NRI to earn lot of money out of immigration racket. with recent involvement of MP etc. in racket we can see that how deep this thng can go if people are not careful or opposing it at every chance.
Citizens of other countries who are not NRI does not need to Worry about this as they can not earn anything with their passport US visa stamp etc. So they will never do these type of thing with any other foreign citizen who is not NRI (non-resident indian)
I think it is true that you need to be careful with Indian immigration people.
Two three years back One of my senior NRI friend's wife who is US citizens passport was Intentionally Lost by Immigration People at bombay airport by immigration people, which could be recovered after SEVERAL DAYS of INTENSE PRESSURE on immigraton people by US consulate authorities as well as official complaints at Police.
SO you can not ignore this issue. You definately need to be careful when you hand over your documents to Airport peoples at Indian airports.All may not be that bad, but several such cases are happened.
I think they do this only to NRI to earn lot of money out of immigration racket. with recent involvement of MP etc. in racket we can see that how deep this thng can go if people are not careful or opposing it at every chance.
Citizens of other countries who are not NRI does not need to Worry about this as they can not earn anything with their passport US visa stamp etc. So they will never do these type of thing with any other foreign citizen who is not NRI (non-resident indian)
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vts31
10-22 04:17 PM
i always start a drawing or anything, with primitives. Usually circles and curves because they are organik..if i want something more rigid i uses cubes...then i try to visualize that primitives potential and how i can link it to something else alter in the composition...after i do that 1 of 2 things happen, I either do it or i get scared ima ruin it and just go work on something else.
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pappu
10-12 08:56 PM
http://www.uscis.gov/files/nativedocuments/USCIS_Monthly_Oct07.pdf
also in the monthly newsletter.
also in the monthly newsletter.
eb3India
05-21 11:56 AM
I am new here and I have few questions to IV core members.
Did we consider any other avenues find out is there any way out to influence DOS visa availability.
How did Nurses was able to accomodate their visa numbers without any bills are ammendments ( I know there is lot of demand for nurses)
you guys are doing a great job lobbying congressmen, but I think we should also consider finding out how current law if implemented properly can reduce the backlog and reduce retrogression.
for example we should make sure 245i case should not effect our visa numbers, I belive we can work these hurdles while we wait for current immigration debate to complete.
I called several senators last week and discussed with their immigration specialist, I got a feeling this debate is more about illegal aliens and about hispanic votes not many of them are considering legal aliens and issues.
Did we consider any other avenues find out is there any way out to influence DOS visa availability.
How did Nurses was able to accomodate their visa numbers without any bills are ammendments ( I know there is lot of demand for nurses)
you guys are doing a great job lobbying congressmen, but I think we should also consider finding out how current law if implemented properly can reduce the backlog and reduce retrogression.
for example we should make sure 245i case should not effect our visa numbers, I belive we can work these hurdles while we wait for current immigration debate to complete.
I called several senators last week and discussed with their immigration specialist, I got a feeling this debate is more about illegal aliens and about hispanic votes not many of them are considering legal aliens and issues.
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Jbpvisa
07-07 12:33 PM
I give highest rating.
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jfredr
07-27 09:46 AM
Good one
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needlotsofluck
07-28 12:05 PM
Help, need to clarify.I need help in how to file I-131 for my minor child. I'm doing it myself.
1.) Is my name be the one to be signed instead of my minor child's name on part 8 of form I131?
2.) Should I fill up part 9 being the one who filled up the form?
3. Do we have to actually follow the General tips on filing on USCIS site....http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff053d146a7ee010VgnVCM1000000ecd190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
Thanks
1.) Is my name be the one to be signed instead of my minor child's name on part 8 of form I131?
2.) Should I fill up part 9 being the one who filled up the form?
3. Do we have to actually follow the General tips on filing on USCIS site....http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff053d146a7ee010VgnVCM1000000ecd190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
Thanks
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unitednations
04-04 01:49 PM
Apologies first. Could not find a link to start a new thread but what I am mentioning below has a direct bearing on people planning/trying for H1 transfers.
**************
Is there a requirement now that an H1 transfer petition must be submitted along with a copy of the company's contract with its client and a copy of the workorder issued by the client, in the canndidate's name?
We are faced with this situation now that we are effecting a candidate's H1 transfer. Our attorney wants these documents. We have also been told that the H1 extension will be granted only till the expiration of the client work order. So if it is a 6 month position, the H1 transfer would be granted for 6 months only. Fortunately in our case it is a much longer assignment.
Has anyone of you encountered this situation or heard about it? If true, does it not mean the end of H1 transfer as we have known it?
Regards
see the link on posting #124 on this thread. there is a court case that uscis is using to justify requesting this type of information.
http://immigrationvoice.org/forum/showthread.php?t=24555&page=9
**************
Is there a requirement now that an H1 transfer petition must be submitted along with a copy of the company's contract with its client and a copy of the workorder issued by the client, in the canndidate's name?
We are faced with this situation now that we are effecting a candidate's H1 transfer. Our attorney wants these documents. We have also been told that the H1 extension will be granted only till the expiration of the client work order. So if it is a 6 month position, the H1 transfer would be granted for 6 months only. Fortunately in our case it is a much longer assignment.
Has anyone of you encountered this situation or heard about it? If true, does it not mean the end of H1 transfer as we have known it?
Regards
see the link on posting #124 on this thread. there is a court case that uscis is using to justify requesting this type of information.
http://immigrationvoice.org/forum/showthread.php?t=24555&page=9
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mjdup
05-31 09:46 AM
Messed up my pay pal account, fixed it and contributed, back to recurring contribution...please contribute folks !
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sundevil
06-23 04:08 PM
This is not that straight forward either. Family reunification bills also linked family based immigration to this and very likely run into the same battle between pro-business and pro-family(more so of pro-any-immigration, legal or otherwise) legislators. I spoke to an official in Sen. Cornyn's office and they were of the opinion that he might not support that bill as a whole, while he has been very pro-business STEM bill architect and is ok with the recapture of unused EB visas.
Also, at that time they did not have a plan to re-introduce STEM bill or any flavor of it.
We have a huge mountain in front of us and will need a lot of work to get any of these bills to even make it to the floor for discussion let alone pass. Ultimately that is our challenge after CIR dies (or never wakes up) to make these piece meal bills a higher priority in a sea of high priority/publicized legislations.
I take this as another posiitve.
Paves the way for the smaller bills like the family reunification (visa recapture) to be passed without the chirkuts putting stops citing a CIR is required then voting against the CIR.
Agree with u guys lets push for the family reunification bill.
Also, at that time they did not have a plan to re-introduce STEM bill or any flavor of it.
We have a huge mountain in front of us and will need a lot of work to get any of these bills to even make it to the floor for discussion let alone pass. Ultimately that is our challenge after CIR dies (or never wakes up) to make these piece meal bills a higher priority in a sea of high priority/publicized legislations.
I take this as another posiitve.
Paves the way for the smaller bills like the family reunification (visa recapture) to be passed without the chirkuts putting stops citing a CIR is required then voting against the CIR.
Agree with u guys lets push for the family reunification bill.
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kumar26fl
09-21 08:58 PM
Hi all,
Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
Time: Sooner the better. Keep a goal to take a week to bring one new member.
Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.
No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!
Thanks
Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
Time: Sooner the better. Keep a goal to take a week to bring one new member.
Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.
No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!
Thanks
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EB-VoiceImmigration
09-07 03:17 PM
How about even a much better solution, learn your country's national language......:)
My Initial reaction to this post and others(including the one who said he is from AP .. but I believe in reality he is not..) who think every one in india should learn hindi.
--> FCUK U. Who the hell are you to say this ?
Now.. lets dicuss...
It is not even a requirement in India to learn hindi. Why in the world it is required to access a forum based on US EB immigration?
Dont get zealous of raise of south in IT and lets not make a debate on what people are doing in our part of the world. It will never end.
My Initial reaction to this post and others(including the one who said he is from AP .. but I believe in reality he is not..) who think every one in india should learn hindi.
--> FCUK U. Who the hell are you to say this ?
Now.. lets dicuss...
It is not even a requirement in India to learn hindi. Why in the world it is required to access a forum based on US EB immigration?
Dont get zealous of raise of south in IT and lets not make a debate on what people are doing in our part of the world. It will never end.
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hary536
05-20 11:28 PM
Dear Parshanthi Mam,
Thanks for your advise. IF my company does not file an amendment, then will i go out of status? And if i apply for H1 transfer using the 32 hrs paycheck, then will they deny the transfer or just approve the transfer for consular processing?
Thanks a lot again.
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
Your company must file an amended petition for the reduced hours, they will have to follow the current prev wage survey, might be a problem to get a transfer if the USICS notices the low wages, yes they might evaluate the case again.
Thanks for your advise. IF my company does not file an amendment, then will i go out of status? And if i apply for H1 transfer using the 32 hrs paycheck, then will they deny the transfer or just approve the transfer for consular processing?
Thanks a lot again.
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
Your company must file an amended petition for the reduced hours, they will have to follow the current prev wage survey, might be a problem to get a transfer if the USICS notices the low wages, yes they might evaluate the case again.
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Milind123
08-16 06:05 AM
I would like to share my experience with the immigration officer in India.
Way back in 2000 when I landed in India, the IE went thru my passport and asked me if I had overstayed my stay in US. (US Visa had expired for over a year my current H1 papers were in my travel bag which had to be checked in because the European Lufthansa staff thought the bag was too big to be used as a carry in). Anyways, I did not have the papers to show and I requested the office to let me go to the baggage claim area to retrieve my papers. I don't know why he was suspicious and he said and I paraphrase "I am going to impound your passport, If I don't see those papers as you have overstayed your visa".
to be continued.....
Way back in 2000 when I landed in India, the IE went thru my passport and asked me if I had overstayed my stay in US. (US Visa had expired for over a year my current H1 papers were in my travel bag which had to be checked in because the European Lufthansa staff thought the bag was too big to be used as a carry in). Anyways, I did not have the papers to show and I requested the office to let me go to the baggage claim area to retrieve my papers. I don't know why he was suspicious and he said and I paraphrase "I am going to impound your passport, If I don't see those papers as you have overstayed your visa".
to be continued.....
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don840
04-10 10:58 AM
bump
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chanduv23
03-09 02:40 PM
In similar context I have a few questions...
The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.
As most EB3 numbers go to IT software and as there are so many issues, until DOS and USCIS fix these issues they wont move these forward
The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.
As most EB3 numbers go to IT software and as there are so many issues, until DOS and USCIS fix these issues they wont move these forward
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ushkand
10-09 12:11 PM
can she move from H1 to EAD immediately?
Yes
what are pros & cons by moving from h1 to EAD. As she already hv her SSN because of H1. do we need to inform about ead to SSN office?
Pros are -
She can work for anyone or even not work at all
Cons -
The only risk here is the probability of your 485 being rejected. Also, having to use AP and renewing EAD/AP every year.
Also what kind of company she can have on EAD (corp,LLC)?
what is the procedure to hv own company? Steps to follow for Independent contracting? Taxes for independent contract earnings?
You should be able to start any kind of company. The simplest way would be to get a DBA (Doing business as) for her. Should take no more than 15 minutes at your local county office. That should suffice for independent contracting. She would then be on a 1099 with her client.
Also what if after a move she stopped independent contracting? two scenarios may be either join another company as employee or if she stopped working. in that case do we need to close the company?
You can always keep your company "open". You don't lose anything if you just have a DBA.
Once she have her own company then she will work thru that company corp-to-corp or 1099??
If you start an LLC or C/S corp, then it will most probably be a corp-to-corp and can get tricky with a lot of paperwork involved. DBA should be the most simple way if you are not planning on actually starting a "consulting firm" with more employees.
Yes
what are pros & cons by moving from h1 to EAD. As she already hv her SSN because of H1. do we need to inform about ead to SSN office?
Pros are -
She can work for anyone or even not work at all
Cons -
The only risk here is the probability of your 485 being rejected. Also, having to use AP and renewing EAD/AP every year.
Also what kind of company she can have on EAD (corp,LLC)?
what is the procedure to hv own company? Steps to follow for Independent contracting? Taxes for independent contract earnings?
You should be able to start any kind of company. The simplest way would be to get a DBA (Doing business as) for her. Should take no more than 15 minutes at your local county office. That should suffice for independent contracting. She would then be on a 1099 with her client.
Also what if after a move she stopped independent contracting? two scenarios may be either join another company as employee or if she stopped working. in that case do we need to close the company?
You can always keep your company "open". You don't lose anything if you just have a DBA.
Once she have her own company then she will work thru that company corp-to-corp or 1099??
If you start an LLC or C/S corp, then it will most probably be a corp-to-corp and can get tricky with a lot of paperwork involved. DBA should be the most simple way if you are not planning on actually starting a "consulting firm" with more employees.
bhasky25
10-11 02:31 PM
I do not wish to refile my GC.. I just wanted to know if I can get my HB1 renewed even after the underlying 140 is revoked...
harivenkat
05-11 01:11 PM
talking about backlogs
