file485
07-09 07:01 AM
Hi Manu..
can u pls clarify when u find some time..
from what I understand and you posted, he changed employers from A to B to C.
He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?
but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..
so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.
Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...
(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)
can u pls clarify when u find some time..
from what I understand and you posted, he changed employers from A to B to C.
He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?
but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..
so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.
Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...
(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)
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GCappli
11-11 12:52 PM
Hey its too late to reply but is there any update on this one ..Did the employer revoke his h1b .. In case he did he is out of status ..But if he didi not and employer ..employee relationship existed .. Then it is not considered out of status because one can show leave of abscence ..
There are various CIS memos which have the out of status interpretation ..
There are various CIS memos which have the out of status interpretation ..
ilwaiting
04-09 08:47 AM
This affects everyone. No one on H1B is left out. Just because one has a Perm-Fulltime job now doesn't mean he/she is safe. With Gc's taking so long, At some point during their H1B period they would have to move to a new company. They would not be able to transfer. Everyone please oppose this Bill.
Tougher laws need to be brought in to stop abusing the program, but this bill is in its extreme and must be opposed.
Infact, this affects everyone.
Students looking for new H1B
Students on OPT
H1Bs getting extensions
H4s transferring to H1Bs
and all H1Bs indirectly and directly
Because now ALL employers will be hesitant to hire an H1B in ANY field due to such tough laws and lot of paperwork and lot of restrictions.
Tougher laws need to be brought in to stop abusing the program, but this bill is in its extreme and must be opposed.
Infact, this affects everyone.
Students looking for new H1B
Students on OPT
H1Bs getting extensions
H4s transferring to H1Bs
and all H1Bs indirectly and directly
Because now ALL employers will be hesitant to hire an H1B in ANY field due to such tough laws and lot of paperwork and lot of restrictions.
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Ramba
07-14 05:33 PM
What you have said is completely incorrect. EB3I stands to benefit the most from visa recapture legislation. The last time visas were recaptured was in 2000 through the AC21 legislation and as a result of the 230K or so visas that were added to the pool, the USCIS was able to keep PDs for all EB categories, EB1/2/3, EBI/C/ROW, everything current for nearly 4 yrs until 2005 when those extra numbers ran out and retrogression hit. I should know, I could have filed since 2002 but delayed because my less than knowlegable lawyer advised me when you file does not matter. I did not know didly about PD in those days.
Anyway, when you say visa recapture does not hep EB3I, that is patently FALSE. En Contraire, it is the ONLY thing that can help that category.
I 100% agree. When AC21 recaptured about 100K visas numbers in 2000, all the numbers were used to clear the backlogs in EB3 (and there were no backlogs in EB2). Infact, all the recuptured numbes came from EB2 and EB1 pool that were unused in 1998 and 1999. Thats why EB3 was current till 2004. Once AC21 numbers gone, DOS retrogressed both EB3 and EB2. In fact DOS did very big favor to EB3 by using EB2 numbers. Till 2006, DOS misinterpreted the AC21 law and allowed vertical spillover (EB2-ROW -->EB3-ROW). In 2007 they realized the mistake and interpreting the AC21 law correctly and allocating all 40,000 EB2 numbers only in EB2 catagory plus unused numbers from EB1 as per INA. As per INA, if anything left in EB2, then only it goes to EB3-ROW.
Anyway, when you say visa recapture does not hep EB3I, that is patently FALSE. En Contraire, it is the ONLY thing that can help that category.
I 100% agree. When AC21 recaptured about 100K visas numbers in 2000, all the numbers were used to clear the backlogs in EB3 (and there were no backlogs in EB2). Infact, all the recuptured numbes came from EB2 and EB1 pool that were unused in 1998 and 1999. Thats why EB3 was current till 2004. Once AC21 numbers gone, DOS retrogressed both EB3 and EB2. In fact DOS did very big favor to EB3 by using EB2 numbers. Till 2006, DOS misinterpreted the AC21 law and allowed vertical spillover (EB2-ROW -->EB3-ROW). In 2007 they realized the mistake and interpreting the AC21 law correctly and allocating all 40,000 EB2 numbers only in EB2 catagory plus unused numbers from EB1 as per INA. As per INA, if anything left in EB2, then only it goes to EB3-ROW.
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shantanup
03-24 01:56 PM
employment base immigration. It is not on your merits it is based on an employer needing you.
Why on earth would an employer need me if I don't have merits?
I see your efforts to downgrade EB immigration and highlight FB immigration. This is just my observation, you don't have to agree or criticize it.
Why on earth would an employer need me if I don't have merits?
I see your efforts to downgrade EB immigration and highlight FB immigration. This is just my observation, you don't have to agree or criticize it.
obviously
08-05 09:41 PM
started by a guy/gal who possibly spent the formative years of his/her life buried in text books because mama/papa wanted him/her to crack the JEE and get into IIT... possibly feted with flowers on his/her trip to the US...after lying on the F1 visa interview about intent to immigrate...and now seeking to raise a hue and cry because the protectionist sense of entitlement is being challenged by law abiding immigrants...someone that is obviously closeted in perspective...
obviously, a spoilt child crying sour grapes... the admins did not sweep anything under the carpet... they let this thread grow to 13 pages! obviously, you are someone that is unhappy with a lot of things. stop hurting yourself. you might invite a myocardial infraction given the rate at which you seem to be stressing out... there is no EB3 (majority) vs. EB3 (minority) issue... stop raking up more BS... enough is enough... someone has to have the b*lls to tell you that the world is bigger than you and your inflated sense of self worth and entitlement...got it?
i still dont see the EB2 job posting for this #1 guy/gal in a #2 company... what a #3 (third rate :)) poster with a #4 (fourth degree) threat that started this all... i can help your company find a qualified US citizen for YOUR EXACT JOB... go ahead, do post that... scared to do that? :)... obviously you are!!!! Ha! Ha! Ha!
PM me and I can help your company. No, I am not a body shopper and wont take commissions, thank you. Just thought I'd help a US company not have to deal with this immigration BS, so they can let you go and hire a US citizen instead. Seriously, I call that social service.
While I am at it, I can also contact special interest groups from the ACLU to Gay/Lesbian Groups to Veteran Groups to find out why their members dont get the kind of protected 'lines' that EB2's such as you have! After all, if EB2 is such a protected category, why not have other protections for other groups that need such protections? We can go ahead and divide the world into pieces as small as our mind... :D
My last post for this obvious loser... mama/papa would be proud, indeed :D... sad, sorry state of reality that we call the 'high skilled immigration cause' ...
While you are ranting and raving, dont forget to get back to basics... and read my earlier threads educating you on the basics of EB immigration and why the current interfiling / porting is a valid practice...
Go ahead, rant, rave... enjoy your stress... :D
BTW: I have more qualifications and success than people have letters in their long names :)... so, I know a little bit about success :D... and I didnt get it by throwing others under the bus... !
obviously, a spoilt child crying sour grapes... the admins did not sweep anything under the carpet... they let this thread grow to 13 pages! obviously, you are someone that is unhappy with a lot of things. stop hurting yourself. you might invite a myocardial infraction given the rate at which you seem to be stressing out... there is no EB3 (majority) vs. EB3 (minority) issue... stop raking up more BS... enough is enough... someone has to have the b*lls to tell you that the world is bigger than you and your inflated sense of self worth and entitlement...got it?
i still dont see the EB2 job posting for this #1 guy/gal in a #2 company... what a #3 (third rate :)) poster with a #4 (fourth degree) threat that started this all... i can help your company find a qualified US citizen for YOUR EXACT JOB... go ahead, do post that... scared to do that? :)... obviously you are!!!! Ha! Ha! Ha!
PM me and I can help your company. No, I am not a body shopper and wont take commissions, thank you. Just thought I'd help a US company not have to deal with this immigration BS, so they can let you go and hire a US citizen instead. Seriously, I call that social service.
While I am at it, I can also contact special interest groups from the ACLU to Gay/Lesbian Groups to Veteran Groups to find out why their members dont get the kind of protected 'lines' that EB2's such as you have! After all, if EB2 is such a protected category, why not have other protections for other groups that need such protections? We can go ahead and divide the world into pieces as small as our mind... :D
My last post for this obvious loser... mama/papa would be proud, indeed :D... sad, sorry state of reality that we call the 'high skilled immigration cause' ...
While you are ranting and raving, dont forget to get back to basics... and read my earlier threads educating you on the basics of EB immigration and why the current interfiling / porting is a valid practice...
Go ahead, rant, rave... enjoy your stress... :D
BTW: I have more qualifications and success than people have letters in their long names :)... so, I know a little bit about success :D... and I didnt get it by throwing others under the bus... !
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redcard
03-23 12:07 PM
I just wanted to point out that please be careful of what personal information you give as this is a "Incoming Call" and it is hard to verify the authenticity of it.
Be very careful of these calls. I am not sure why would USICS call up when they have unlimited Postal Budget. In case they do need anything I am sure they would send a letter asking for information. Secondly if they do call, its always safe to ask the name and phone number of the person calling and say that you would call back or check with your attorney before giving out any information. I would not be surprised if the vigilante groups who are working against the EB immigration system could be doing this. As regard to emailing documents, I would personally ask for a mailing address and send it to them by overnight through a documented carrier rather then an email.
Lets not forget even Sarah Palin got a call from Nicolas Sarkozy :)
Be very careful of these calls. I am not sure why would USICS call up when they have unlimited Postal Budget. In case they do need anything I am sure they would send a letter asking for information. Secondly if they do call, its always safe to ask the name and phone number of the person calling and say that you would call back or check with your attorney before giving out any information. I would not be surprised if the vigilante groups who are working against the EB immigration system could be doing this. As regard to emailing documents, I would personally ask for a mailing address and send it to them by overnight through a documented carrier rather then an email.
Lets not forget even Sarah Palin got a call from Nicolas Sarkozy :)
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alisa
12-27 12:55 AM
You are from Pakistan, you tell why you are doing this. Why are you asking us to explain your actions?
Well...
Thats a bit like asking one's father to explain the actions of Josef Fritzl.
Well...
Thats a bit like asking one's father to explain the actions of Josef Fritzl.
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xyzgc
12-26 04:21 PM
Look at stratfor.com
Let us prove India is not a land of cowards, let us show that we are strong and we don't allow terrorists to attack our cities and our senate with impunity.
Remember, even your favorite Obama would not have hesitated to attack Afghanistan and Iraq post 9-11. He maintains he was opposed to the war on Iraq, but he has never said anything about Afghanistan. In fact, nobody did.
Most americans have supported the attack on Afghanistan, where Osama is believed to hiding along with other terrorists. Most americans oppose war on Iraq, because over 10k american soldiers have died, Isince the Iraq war began and the economy is in shambles and Iraqis are a drain on the failing economy.
In Obama's reminders that he opposed the Iraq war in 2002, he contrasts his record with that of Hillary Clinton, who voted for the war.
Yet a comparison of all 85 votes the Senate has held on Iraq since Obama entered the chamber shows he and Clinton differed only once -- when Obama voted to support the nomination of Gen. George Casey, the top commander in Iraq for nearly three years, to become the Army chief of staff.
Let us prove India is not a land of cowards, let us show that we are strong and we don't allow terrorists to attack our cities and our senate with impunity.
Remember, even your favorite Obama would not have hesitated to attack Afghanistan and Iraq post 9-11. He maintains he was opposed to the war on Iraq, but he has never said anything about Afghanistan. In fact, nobody did.
Most americans have supported the attack on Afghanistan, where Osama is believed to hiding along with other terrorists. Most americans oppose war on Iraq, because over 10k american soldiers have died, Isince the Iraq war began and the economy is in shambles and Iraqis are a drain on the failing economy.
In Obama's reminders that he opposed the Iraq war in 2002, he contrasts his record with that of Hillary Clinton, who voted for the war.
Yet a comparison of all 85 votes the Senate has held on Iraq since Obama entered the chamber shows he and Clinton differed only once -- when Obama voted to support the nomination of Gen. George Casey, the top commander in Iraq for nearly three years, to become the Army chief of staff.
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mrajatish
07-08 10:07 AM
Hi,
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.
2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).
3. Did the period length where he did not have a pay check exceed 180 days at a stretch?
Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.
2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).
3. Did the period length where he did not have a pay check exceed 180 days at a stretch?
Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.
more...
xyzgc
01-03 05:56 PM
Nojoke,
Will you accept responsibility of Gujrat Massacre first ?
and hand over all those to International Criminal Court..
Will you accept responsibility of Babri Mosque demolation?
India and media continues to talk about proof but why that proof is not share with UN, Interpoo ? Why so hush hush...I am sure you know that both sided dont even truct opposite umpires in cricket match...and you think Pakistan government will just believe on Indian word that 'they have proof"..
point is...Pakistanis and Pakistani state is not responsible for Mubmai attacks. We have suffered on hands of these extremist just like you have.. we had 60+ suicide bombings, hundreds of civilians killed, Marriot Blast...
point is...India and Indians are not responsible for Babri Mosque demolations or Gujrat Massacre..you have suffered enough like us.
War is not solution...you will be naive to think that Pakistan will not retaliate..in matter of minutes..both sides will loose many able folks during war..and that is what terrorists want..
Need of hour is to condem these acts in any way shape or form in Pakistan, India, Kashmir etc..and work together to weed these elements out..
I have many close Indian friends and believe me, from deep of my heart, I dont mean any harm whatsoever..and I am sure they dont mean harm to me as well.
I wish both sides can site on table, have chai or lasse and start talks on following items:
1. How to curb terrorism in India and Pakistan and Afghanistan..
I have no doubt that if both sides do this, we can weed these nuts
out.
2. We must somehow find some solution to Kashmir ...it fuels nuts all around the world. It bogs down Pakistan and India and stops any cooperation.
I am Kashmiri..and it doesnot matter who fires ...in Indian Adminstred Kashmir or Pakistani Adminstred Kashmir, my people get killed..
If UK can live with Germany and France after bitter WWII ..we sure can...
3. I am for Open Visas...so both sides can travel freely..As India develops its economy further, it can outsource many activities to 30 M Pakistani youth
4. Lets excahnge prisoners ..those are poor people rotting in jails for no reasons..and even if there is some stupid reason, ask Presidents to pardon them...
You work in US and know every issue needs compromise, discussion and then something gets done..
You are a Kashmiri muslim.
Will you accept the responsibility of making hundreds of thousands Kashimiri pandits homeless? Will you accept the responsibility for the Godhra attack?
Do you have a time machine that can take you back to 1600 A.D and stop the evil islamic barbarics from pillaging our land? Can you? Or you need a proof for that as well to interpol?
1. To curb terrorism, Pakistan must destroy all the terror camps. Its not doing it, its not handing over any terrorists, what's the point of having cup of chai and talking non-sense?
2. You are a Kashmiri. Tell us, what is a possible solution? India will not hand over the remainder of the Kashmir because part of the Kashmir is already occupied by Pakistan. Period. Now, do you have a solution?
3. You are open for open visas. What good will it do except for terrorists to come in freely and legally?
4. By exchanging prisoners you mean hand over the terrorists, right. Hand over Afzal and Kasam and the other butchers. And ask president to pardon them.
Sorry, won't happen.
What else?
Will you accept responsibility of Gujrat Massacre first ?
and hand over all those to International Criminal Court..
Will you accept responsibility of Babri Mosque demolation?
India and media continues to talk about proof but why that proof is not share with UN, Interpoo ? Why so hush hush...I am sure you know that both sided dont even truct opposite umpires in cricket match...and you think Pakistan government will just believe on Indian word that 'they have proof"..
point is...Pakistanis and Pakistani state is not responsible for Mubmai attacks. We have suffered on hands of these extremist just like you have.. we had 60+ suicide bombings, hundreds of civilians killed, Marriot Blast...
point is...India and Indians are not responsible for Babri Mosque demolations or Gujrat Massacre..you have suffered enough like us.
War is not solution...you will be naive to think that Pakistan will not retaliate..in matter of minutes..both sides will loose many able folks during war..and that is what terrorists want..
Need of hour is to condem these acts in any way shape or form in Pakistan, India, Kashmir etc..and work together to weed these elements out..
I have many close Indian friends and believe me, from deep of my heart, I dont mean any harm whatsoever..and I am sure they dont mean harm to me as well.
I wish both sides can site on table, have chai or lasse and start talks on following items:
1. How to curb terrorism in India and Pakistan and Afghanistan..
I have no doubt that if both sides do this, we can weed these nuts
out.
2. We must somehow find some solution to Kashmir ...it fuels nuts all around the world. It bogs down Pakistan and India and stops any cooperation.
I am Kashmiri..and it doesnot matter who fires ...in Indian Adminstred Kashmir or Pakistani Adminstred Kashmir, my people get killed..
If UK can live with Germany and France after bitter WWII ..we sure can...
3. I am for Open Visas...so both sides can travel freely..As India develops its economy further, it can outsource many activities to 30 M Pakistani youth
4. Lets excahnge prisoners ..those are poor people rotting in jails for no reasons..and even if there is some stupid reason, ask Presidents to pardon them...
You work in US and know every issue needs compromise, discussion and then something gets done..
You are a Kashmiri muslim.
Will you accept the responsibility of making hundreds of thousands Kashimiri pandits homeless? Will you accept the responsibility for the Godhra attack?
Do you have a time machine that can take you back to 1600 A.D and stop the evil islamic barbarics from pillaging our land? Can you? Or you need a proof for that as well to interpol?
1. To curb terrorism, Pakistan must destroy all the terror camps. Its not doing it, its not handing over any terrorists, what's the point of having cup of chai and talking non-sense?
2. You are a Kashmiri. Tell us, what is a possible solution? India will not hand over the remainder of the Kashmir because part of the Kashmir is already occupied by Pakistan. Period. Now, do you have a solution?
3. You are open for open visas. What good will it do except for terrorists to come in freely and legally?
4. By exchanging prisoners you mean hand over the terrorists, right. Hand over Afzal and Kasam and the other butchers. And ask president to pardon them.
Sorry, won't happen.
What else?
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pthoko
07-11 10:10 AM
pthoko..
wait for UN's reply
but I think it is better to be honest on the G328 form and not lie as it mentions in coconut sized letters that we r mentioning the facts and signing the forms. Later on they will have all the rights to ask proof documents thru RFE for paystubs,w2 etc, after that we cannot lie anymore and might land in further mess. we submit all the H1/L1 approvals at the time of 485 filing..they can just enter the case# and get the whole history of the case...
AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..
* i140 stage,only the companies financial records r checked,you even need not be employed with them when you r filing the i140.
* 1st time stamping in Canada/Mexico for H1b is not possible I think as it has to be done in home country,unless you have a US Masters.
btw...I have a question, does your H1b approval have an i94 attached with it...? hopefully ..yes..
YES my H1B approval had an I-94 attached with it. Same no: as my L1 I-94.
Thanks.
wait for UN's reply
but I think it is better to be honest on the G328 form and not lie as it mentions in coconut sized letters that we r mentioning the facts and signing the forms. Later on they will have all the rights to ask proof documents thru RFE for paystubs,w2 etc, after that we cannot lie anymore and might land in further mess. we submit all the H1/L1 approvals at the time of 485 filing..they can just enter the case# and get the whole history of the case...
AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..
* i140 stage,only the companies financial records r checked,you even need not be employed with them when you r filing the i140.
* 1st time stamping in Canada/Mexico for H1b is not possible I think as it has to be done in home country,unless you have a US Masters.
btw...I have a question, does your H1b approval have an i94 attached with it...? hopefully ..yes..
YES my H1B approval had an I-94 attached with it. Same no: as my L1 I-94.
Thanks.
more...
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Macaca
07-08 06:54 PM
In approving another h-4 visa; they askd h-1b person why they didn't get paid for three month when they entered USA. Company president along with h-1b beneficiary said that he had to climitize himself and then it took a while to get the social security number. Once he got it then he got paid. Visa officer laughed at the explanation and gave the h-4 visa. Six months later; company gets a DOL audit request for possible h-1b violations. DOL officer said that consulate sent them notification that there was h-1b violations.
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.
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.
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smisachu
12-31 11:10 AM
Just putting LOL doesn't make it a joke..As I said India has bitten off flesh from Pakistan 4 TIMES!!! What do you have to show for your bite???
What does Pakistan has to show anyways? Foreign reserves? An educated population? Science & Technology? Rich people? Modernism? Industrial conglomerates? Military might?
All you have my simple minded poor fellow is madrasas, bearded mullas, slums and Jihadi terrorists with no balls. There is a Pakistani tank which stands in my city with its head bowed in shame and saluting the Indian populace. It was one of the many that were captured in the 71 war by only 4 Indian officers on just a Jeep..Now do you have any Indian tanks to show off at least? Forget tanks do you have underwear that you have captured from India? Now who is the joke on??
And thanks for comparing me to a Dog, at least I am faithful and brave. Any day better than a Paki Pig.
And sorry to the tender minded IVians for using such harsh words, I assure you all I am not a maniac who has flipped his lid..I am a normal "gun totting- motorcycling red neck" as a friend once described me. I am just enraged by the massacre in Mumbai.
Dogs like u bark but dont bite...nice entertainment...which is exactly my point by the way(India is making a joke of itself thus entertaining the rest of the world)...LOL :D
What does Pakistan has to show anyways? Foreign reserves? An educated population? Science & Technology? Rich people? Modernism? Industrial conglomerates? Military might?
All you have my simple minded poor fellow is madrasas, bearded mullas, slums and Jihadi terrorists with no balls. There is a Pakistani tank which stands in my city with its head bowed in shame and saluting the Indian populace. It was one of the many that were captured in the 71 war by only 4 Indian officers on just a Jeep..Now do you have any Indian tanks to show off at least? Forget tanks do you have underwear that you have captured from India? Now who is the joke on??
And thanks for comparing me to a Dog, at least I am faithful and brave. Any day better than a Paki Pig.
And sorry to the tender minded IVians for using such harsh words, I assure you all I am not a maniac who has flipped his lid..I am a normal "gun totting- motorcycling red neck" as a friend once described me. I am just enraged by the massacre in Mumbai.
Dogs like u bark but dont bite...nice entertainment...which is exactly my point by the way(India is making a joke of itself thus entertaining the rest of the world)...LOL :D
more...
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unitednations
03-24 01:16 PM
You are wrong - many other categories are allowed to be adjusted to the status while being in the country. For example look into latest CSR report - you will know that in year 2007, USCIS adjusted 621,047 foreign nationals to LPR status among this number EB's are only around 160K remaining or in other statuses.
The family based immigration is important and can be very painful for some cases - like spouses and sons/daughters - and that is why congress has correctly amended laws to make these cases as exceptions (there are no numerical limits and also no country quotas). That was a correct thing to do and any wait in those relationships is much more painful. But for other categories in the family based immigration - like the cases you gave as examples (like brother and sister of a US citizen) - I dont really consider them as more painful than ours actually I dont even consider them as even comparable to ours. I dont know your case, but I came to US in late nineties with couple graduage degrees and acquired one more here - started my career here and justifiably feel that I considerably contributed to success of atleast one company which grew to 200+ people at one point. I emotionally and careerwise invested here. Now after 10+ years still no greencard and know how many career moves I had to let go becuase of this. While the decision to pursue the greencard is mine and I am not trying to blame anyone here, I dont think that our pain is less than someone who is "waiting" because his brother or sister sponsored him/her doesnt make sense (note: well I do have brother and sister and cherish those relationships but expecting a lifelong/career move based on their location of living is not there; and even if there is an expectation I wont consider that even comparable to someone living there and letting go many opportunities despite of talent just because of administrative issues).
You are right - things are getting worse - there may not be any congressional activity on this issue for sometime and if USCIS try to screw us in other ways - then its going to be a rough ride. But the EB community activism (congressional or otherwise) will actually help in at least staying things more fair towards us.
Yes; I read all of the reports and I have intimate knowledge of how all of this works.
Fact only dual intent visas are H/L/O and K visas.
All other visas are non immigrant intent. Therefore, how do we have so many 485 approvals.
Just about all family base i-485 adjustment of status approvals are people who overstayed their visitor visas, student visas, etc and adjusted status by marrying a US citizen or used 245i to forgive their unlawful status and got greencard through a different way.
Many people who got aged out and weren't able to come with their parents wanted reunification but it would take many, many years for them to come to USA. They get student visa; lie that their parents are not in USA and when they get here then they go through EB route.
Many people who overstayed their visas got 245i protection through a family member and then went through EB route because it was faster then family route. Here is an example;
Person comes from India in early '90s. Wants to stay and winds up overstaying. Lawsuit is filed against 1986 amnesty and people win that USCIS has to open it up and allow people to file even though it is many years after 1986. People start faking things to show that they were here during that time. At same time they get 245i protectin by getting relative to file petition for them. They see none of it goin anywhere and then get labor substitution through eb and go this route and finally get greencard this way.
There is so much of this that goes on with immigration and in USCIS heavy handed way they go after everyone to try to get the people who they think are dirty.
I think everyone needs to understand that this is employment base immigration. It is not on your merits it is based on an employer needing you. H-1b was created to mainly get poeple here because it took too long for an employer to get a body by going through consular route; same concept with K-3 visas;.
In many of the compalaints I see on the forums; people start thinking that EB greencard is a humanitarian greencard. It is very simple and employer needs you on a permannet and full time basis. If they have the resource then they generally do not care how long it takes you to get the greencard. Like it or not this is the way it currently is.
I remember taking a local office appointment with San Jose local office to determine where my file was. It mistakenly got sent to San Diego office. Officer said I should write to San Diego and get them to transfer it to San Francisco which had jurisdiction to where I was living. I told here why doesn't she request it and I made the comment that I had been waiting for four years since I had filed the 485. Her response with a straight face was hey that's not too bad; some people are waiting for last 20 years.
Talk to a normal American and they are not going to think that you are being disadvantaged because you are allowed to live and work here while waiting for the greencard.
If there was no h-1b or no seventh year extensions and employers couldn't get the workers then you would really see some action because employers wouldn't be able to get the resources.
Nurses generally weren't able to get h-1b's and they had to go through consular route. Since, employers couldn't get the resources then that is why they set aside extra 60k greencards for them a couple of years ago. It had nothing to do with the individual but rather the employer needs in getting the resources.
The family based immigration is important and can be very painful for some cases - like spouses and sons/daughters - and that is why congress has correctly amended laws to make these cases as exceptions (there are no numerical limits and also no country quotas). That was a correct thing to do and any wait in those relationships is much more painful. But for other categories in the family based immigration - like the cases you gave as examples (like brother and sister of a US citizen) - I dont really consider them as more painful than ours actually I dont even consider them as even comparable to ours. I dont know your case, but I came to US in late nineties with couple graduage degrees and acquired one more here - started my career here and justifiably feel that I considerably contributed to success of atleast one company which grew to 200+ people at one point. I emotionally and careerwise invested here. Now after 10+ years still no greencard and know how many career moves I had to let go becuase of this. While the decision to pursue the greencard is mine and I am not trying to blame anyone here, I dont think that our pain is less than someone who is "waiting" because his brother or sister sponsored him/her doesnt make sense (note: well I do have brother and sister and cherish those relationships but expecting a lifelong/career move based on their location of living is not there; and even if there is an expectation I wont consider that even comparable to someone living there and letting go many opportunities despite of talent just because of administrative issues).
You are right - things are getting worse - there may not be any congressional activity on this issue for sometime and if USCIS try to screw us in other ways - then its going to be a rough ride. But the EB community activism (congressional or otherwise) will actually help in at least staying things more fair towards us.
Yes; I read all of the reports and I have intimate knowledge of how all of this works.
Fact only dual intent visas are H/L/O and K visas.
All other visas are non immigrant intent. Therefore, how do we have so many 485 approvals.
Just about all family base i-485 adjustment of status approvals are people who overstayed their visitor visas, student visas, etc and adjusted status by marrying a US citizen or used 245i to forgive their unlawful status and got greencard through a different way.
Many people who got aged out and weren't able to come with their parents wanted reunification but it would take many, many years for them to come to USA. They get student visa; lie that their parents are not in USA and when they get here then they go through EB route.
Many people who overstayed their visas got 245i protection through a family member and then went through EB route because it was faster then family route. Here is an example;
Person comes from India in early '90s. Wants to stay and winds up overstaying. Lawsuit is filed against 1986 amnesty and people win that USCIS has to open it up and allow people to file even though it is many years after 1986. People start faking things to show that they were here during that time. At same time they get 245i protectin by getting relative to file petition for them. They see none of it goin anywhere and then get labor substitution through eb and go this route and finally get greencard this way.
There is so much of this that goes on with immigration and in USCIS heavy handed way they go after everyone to try to get the people who they think are dirty.
I think everyone needs to understand that this is employment base immigration. It is not on your merits it is based on an employer needing you. H-1b was created to mainly get poeple here because it took too long for an employer to get a body by going through consular route; same concept with K-3 visas;.
In many of the compalaints I see on the forums; people start thinking that EB greencard is a humanitarian greencard. It is very simple and employer needs you on a permannet and full time basis. If they have the resource then they generally do not care how long it takes you to get the greencard. Like it or not this is the way it currently is.
I remember taking a local office appointment with San Jose local office to determine where my file was. It mistakenly got sent to San Diego office. Officer said I should write to San Diego and get them to transfer it to San Francisco which had jurisdiction to where I was living. I told here why doesn't she request it and I made the comment that I had been waiting for four years since I had filed the 485. Her response with a straight face was hey that's not too bad; some people are waiting for last 20 years.
Talk to a normal American and they are not going to think that you are being disadvantaged because you are allowed to live and work here while waiting for the greencard.
If there was no h-1b or no seventh year extensions and employers couldn't get the workers then you would really see some action because employers wouldn't be able to get the resources.
Nurses generally weren't able to get h-1b's and they had to go through consular route. Since, employers couldn't get the resources then that is why they set aside extra 60k greencards for them a couple of years ago. It had nothing to do with the individual but rather the employer needs in getting the resources.
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immignation
04-06 02:31 PM
how's the market conditions in the San Jose/Santa Clara belt. houses there were really heated up avg 600k+. has it cooled down or still that crazy..
I have been house hunting here in central NJ (west windsor, plainsboro and vicinity and am having a sticker shock just looking at the property taxes.. about 2%). What I understand from talking to people here is that these places are supposed to be a very good school district and schools receive most of their funding from property taxes (and very little from state). Good schools attract families with kids which increases the burden on schools and again property taxes have to be increased to build more schools/expand existing ones..
I have been house hunting here in central NJ (west windsor, plainsboro and vicinity and am having a sticker shock just looking at the property taxes.. about 2%). What I understand from talking to people here is that these places are supposed to be a very good school district and schools receive most of their funding from property taxes (and very little from state). Good schools attract families with kids which increases the burden on schools and again property taxes have to be increased to build more schools/expand existing ones..
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SunnySurya
12-22 11:28 AM
A supporter of terrorism left a red dot with this message:
"if u r so concerned about india and attacks on india,,,what are u doing in US? U should be in politics in india if u think so bad about the indian politicians,,,go get ur hand dirty in it first then blaim the politicians"
My very simple reply to that person.
---
I am in every right to express the concerns for my country of origin. Of course not blindly. It takes for ever to hang Afzal Guru and almost no concrete repsonse to the bombings in Delhi, Gujrat, Karnataka, Hyedrabad etc etc, which directly affect my freinds and family over there. If it is not politics then what it is.
Finally, if Jews can express their concerns for Israel (which I also support full heartedly and unconditionally) so can we, with the same passion.
"if u r so concerned about india and attacks on india,,,what are u doing in US? U should be in politics in india if u think so bad about the indian politicians,,,go get ur hand dirty in it first then blaim the politicians"
My very simple reply to that person.
---
I am in every right to express the concerns for my country of origin. Of course not blindly. It takes for ever to hang Afzal Guru and almost no concrete repsonse to the bombings in Delhi, Gujrat, Karnataka, Hyedrabad etc etc, which directly affect my freinds and family over there. If it is not politics then what it is.
Finally, if Jews can express their concerns for Israel (which I also support full heartedly and unconditionally) so can we, with the same passion.
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gc_aspirant_prasad
09-26 08:47 AM
I know it may be for the greater good to see Prez Obama in the white house.
However, I am fairly confident that the condition of Employment Based immigrants - people facing years & years of retrogression will be a sorry one.
As much as I would love to be part of this American experiment, I have to think of stability.
Under Prez Obama if Sen Durbin & his friends revive CIR 2007 type discussions it is end of the road for folks like me waiting for over 5 years for the US GC.
It would be wise to move to Canada or Australia / New Zealand for most of the EB folks where we can have the stability and freedom to be all that we can be and do all that we can do.
I have exercised my personal preference for the Big White North & have already applied for the Permanent Residence in Canada. I am also in talks with angel investors in Ottawa such that I can incorporate & start a product development outfit up there.
However, I am fairly confident that the condition of Employment Based immigrants - people facing years & years of retrogression will be a sorry one.
As much as I would love to be part of this American experiment, I have to think of stability.
Under Prez Obama if Sen Durbin & his friends revive CIR 2007 type discussions it is end of the road for folks like me waiting for over 5 years for the US GC.
It would be wise to move to Canada or Australia / New Zealand for most of the EB folks where we can have the stability and freedom to be all that we can be and do all that we can do.
I have exercised my personal preference for the Big White North & have already applied for the Permanent Residence in Canada. I am also in talks with angel investors in Ottawa such that I can incorporate & start a product development outfit up there.
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Suva
01-09 01:47 PM
Civilians will die in any war. It's a fact. In this case Hamas started the fight by firing rockets for a week. Who was affected? Some civilians in Israel died due to this rocket firing. So this is natural that any country will give a strong reply against these rocket attacks. It's very sad that kids are getting killed due to this fight. But It is hamas faults not Israel. Didn't Hamas know that Israel would attack due to their rocket attacks. Didn't hamas know that they are hiding behind civilians and they would be bombarded by Israelis as a result of this some of the civilians would die. So before blaming Israel you should first blame Hamas.
Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.
Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?
This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.
Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.
How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.
When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.
Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.
Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?
This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.
Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.
How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.
When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.
GCKaMaara
01-07 10:13 AM
Looks like Israel goofed up this time:
http://edition.cnn.com/2009/WORLD/meast/01/07/israel.gaza.school/index.html
Oh really? Thats how they bombed the school and killed more than 40 kids?
....
If Israel want to kill terrorist, they have every right to kill those terrorist who kill Isrealis. Instead they are bombing kids. Which is not acceptable by any people or any nation.
http://edition.cnn.com/2009/WORLD/meast/01/07/israel.gaza.school/index.html
Oh really? Thats how they bombed the school and killed more than 40 kids?
....
If Israel want to kill terrorist, they have every right to kill those terrorist who kill Isrealis. Instead they are bombing kids. Which is not acceptable by any people or any nation.
alias
04-08 07:01 AM
I might be interesting to check with a lawyer whether:
H1B extensions based on I-140 (beyond 6 years) are same as normal H1B extensions(without I-140). In other words, if someone has an I-140 approved does this bill still affect his H1B extension petition(assuming he is consulting)?
H1B extensions based on I-140 (beyond 6 years) are same as normal H1B extensions(without I-140). In other words, if someone has an I-140 approved does this bill still affect his H1B extension petition(assuming he is consulting)?
