srkamath
07-20 09:31 PM
If you glance at the Job title column you would see there are unusually large number of certified case with title like "curry chef ,COOK, cashier, clerk, butcher, Automobile Mechanic". And Obviously they are not in EB2 Cat.
So the numbers will very less than your estimate.
Thanks, you are right.....
I guess then the number is somewhere in between.
Maybe a lot of people are getting the labor cert done with the hopes of getting an EAD, for occupations such as cooks etc...just curious..
So the numbers will very less than your estimate.
Thanks, you are right.....
I guess then the number is somewhere in between.
Maybe a lot of people are getting the labor cert done with the hopes of getting an EAD, for occupations such as cooks etc...just curious..
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desi3933
01-30 11:05 PM
Will she get paid starting Feb 1st? If no, why not. Please explain.
She wont get paid starting Feb 1 but there is an option to get paid from Feb 1 - April 20 as she accumulated some $ when she was working and after April 20 she will be on maternity leave which will be unpaid.
To answer why she will not get paid - she does not have a project right now and dont even plan to find one....(bad economy and no one will be willing to employ a preg. female who will need 6-8 week vacation after 2 month of hire)
Will she on unpaid leave? Yes.
Will she still be Full Time Employee? For the employer C which is a desi consulting firm she is a FTE but you know how the consulting business works........as long as you are on project you get your salary and the day you are not on the project you dont get a dime.
On H1 Status, one must be working full time and should be paid salary even if s/he is on benching. Three month maternity leave should be ok, but 6 months of unpaid leave will be very difficult to explain.
You should seriously consider changing status to H4, if that is an option.
In Nov, she can re-enter on H1 visa to come back to H1 status.
____________________
Not a legal advice.
US Citizen of Indian Origin
She wont get paid starting Feb 1 but there is an option to get paid from Feb 1 - April 20 as she accumulated some $ when she was working and after April 20 she will be on maternity leave which will be unpaid.
To answer why she will not get paid - she does not have a project right now and dont even plan to find one....(bad economy and no one will be willing to employ a preg. female who will need 6-8 week vacation after 2 month of hire)
Will she on unpaid leave? Yes.
Will she still be Full Time Employee? For the employer C which is a desi consulting firm she is a FTE but you know how the consulting business works........as long as you are on project you get your salary and the day you are not on the project you dont get a dime.
On H1 Status, one must be working full time and should be paid salary even if s/he is on benching. Three month maternity leave should be ok, but 6 months of unpaid leave will be very difficult to explain.
You should seriously consider changing status to H4, if that is an option.
In Nov, she can re-enter on H1 visa to come back to H1 status.
____________________
Not a legal advice.
US Citizen of Indian Origin
immigrant2007
07-29 09:13 AM
Yea sure, be scared of corporatiions and defamation suits and let them enslave you. Sheeple mentality.
Add, the "now dead" Sun Microsystems to the list.
They even give you an offer letter/appointment letter which says "We will file for your greencard", and then dilly-dally about it for 4 years.
fuck em.
Take control of your own destiny.
Did the companies ever give in written that our gc will be filed? and H1 extension will be applied? If yes you have a case at hand otherwise frustration
Add, the "now dead" Sun Microsystems to the list.
They even give you an offer letter/appointment letter which says "We will file for your greencard", and then dilly-dally about it for 4 years.
fuck em.
Take control of your own destiny.
Did the companies ever give in written that our gc will be filed? and H1 extension will be applied? If yes you have a case at hand otherwise frustration
2011 cartoon fat person running.
lazycis
12-21 10:03 PM
lazycis,
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
more...
vagish
04-04 04:25 PM
04/04/2007: Senator Durbin and Senator Grassley Introduced H-1B and L-1 Visa Fraud and Abuse Prevention Act of 2007
* We reported earlier that these Senators were considering introduction of this foreign worker restriction bill in the Senate. Here we go. This bill was introduced in the Senate late last week. As seen in the summary of Senator Durbin, this bill proposes to apply to all the employers the restrictive portion of the current H-1B rule that applies only to the H-1B dependent employers. Together with the USCIS announcement of FY 2008 H-1B cap exhaution in one day, this legislative bill casts a dark shadow over the foreign worker immigration system. In a way, it is a frontal assault on the immigration of foreign professional workers. Please stay tuned to this web site for our summary of this nightmarish bill. Admittedly, the event in the last two days suggests that there is a room for potential abuse of the H-1B visa system under the current law and some level of change should be considered in one way or another. However, Senator's bill may not be a right way to correct the problems in the current system.
Even immigration-law.com admits there is a potential fraud going on ,read the last few lines.
thanks
* We reported earlier that these Senators were considering introduction of this foreign worker restriction bill in the Senate. Here we go. This bill was introduced in the Senate late last week. As seen in the summary of Senator Durbin, this bill proposes to apply to all the employers the restrictive portion of the current H-1B rule that applies only to the H-1B dependent employers. Together with the USCIS announcement of FY 2008 H-1B cap exhaution in one day, this legislative bill casts a dark shadow over the foreign worker immigration system. In a way, it is a frontal assault on the immigration of foreign professional workers. Please stay tuned to this web site for our summary of this nightmarish bill. Admittedly, the event in the last two days suggests that there is a room for potential abuse of the H-1B visa system under the current law and some level of change should be considered in one way or another. However, Senator's bill may not be a right way to correct the problems in the current system.
Even immigration-law.com admits there is a potential fraud going on ,read the last few lines.
thanks
freedom_fighter
11-11 04:06 PM
wooohoooo what a great idea... bravo! applause
ok now you've created yet another post, like other people who come up with such great ideas 10 times a day and then get few responses on there posts, feel good for a moment as if you've mobilized the entire immigrant community...
and the next thing everyone is doing is just waiting for the next bulletin. But dont worry... we will have someone creating a yet new post with the same great idea next month.. :-)
ok now you've created yet another post, like other people who come up with such great ideas 10 times a day and then get few responses on there posts, feel good for a moment as if you've mobilized the entire immigrant community...
and the next thing everyone is doing is just waiting for the next bulletin. But dont worry... we will have someone creating a yet new post with the same great idea next month.. :-)
more...
vin13
11-11 12:14 PM
We can all send a copy to the ombudsmand and DOS.
I will be discussing this with my congressperson in a couple of weeks. Can any of you contact your congressperson and have them help you regarding quarterly spillover? Use the draft to take to your local congressman.
The draft letter looks good. I think, we should also send a copy or new letter to the Ombudsman and to the DOS (as DOS is also involved in how many visas are released).
That way we do not get pushed around.
Good work.
Gaurav
I will be discussing this with my congressperson in a couple of weeks. Can any of you contact your congressperson and have them help you regarding quarterly spillover? Use the draft to take to your local congressman.
The draft letter looks good. I think, we should also send a copy or new letter to the Ombudsman and to the DOS (as DOS is also involved in how many visas are released).
That way we do not get pushed around.
Good work.
Gaurav
2010 2010 be running a half
24fps
02-19 07:59 PM
read my lips, THIS BILL WILL NEVER PASS
its so redundant that even NumbersUSA haven't even reported.
its so redundant that even NumbersUSA haven't even reported.
more...
lazycis
12-22 08:59 AM
I may be wrong, but it seems that attorney screwed up. You should've filed I-485 based on a future employment offer from company A (I-140 petitioning employer).
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sidbee
05-26 06:04 PM
While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
Officer : Sir what is your status in the US ?
Buddy: I am on L1 visa
I: H1B
buddy's wife: L2
my wife: H4
officer: is anyone US citizen ?
I: my son is (he was sitting in the car seat)
Officer: (to my buddy) Is your visa still valid ?
Buddy: yes
officer: do you have documents to prove your status?
buddy: i have some papers in my bag which in the the trunk
officer: can you show me?
(buddy got out showed him tax papers and answered some questions)
officer: did they not tell you you are supposed to carry your papers while travelling?
buddy: I came over a year ago so i don't remember
officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.
I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?
http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf
I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.
Just out of curiosity.
You were not asked to show any documents (your friend was)?
May be because your son is a US Citizen...
Officer : Sir what is your status in the US ?
Buddy: I am on L1 visa
I: H1B
buddy's wife: L2
my wife: H4
officer: is anyone US citizen ?
I: my son is (he was sitting in the car seat)
Officer: (to my buddy) Is your visa still valid ?
Buddy: yes
officer: do you have documents to prove your status?
buddy: i have some papers in my bag which in the the trunk
officer: can you show me?
(buddy got out showed him tax papers and answered some questions)
officer: did they not tell you you are supposed to carry your papers while travelling?
buddy: I came over a year ago so i don't remember
officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.
I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?
http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf
I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.
Just out of curiosity.
You were not asked to show any documents (your friend was)?
May be because your son is a US Citizen...
more...
ak_2006
09-09 02:37 PM
I feel like there will be no special help from anybody including IV. I am not blaming IV for this as they have to fight for all. We (EBI) need lead the fight to do something.
But many of us not willing to do spend time/money for this cause. If a person can't do those, switch jobs, and find jobs where we can start processing in EB2, or ask current employers to apply in EB2.
But many of us not willing to do spend time/money for this cause. If a person can't do those, switch jobs, and find jobs where we can start processing in EB2, or ask current employers to apply in EB2.
hot cartoon fat person running.
psk79
07-18 07:38 AM
Hi Guys,
Please post any July 2nd cases on this thread so that we all know if there really are any rejections. All I heard in the past few days was "A friend of mine got rejected on 2nd... My friend's friend got his rejected..Somebody got rejected..."
I didn't see a single post from anyone who got their OWN 485 REJECTED when they filed on July 2nd.
So please post your information as to when your app is received at USCIS.
Mine reached USCIS on July 2, 2007 @ 10AM via FEDEX.
Thanks.
Please post any July 2nd cases on this thread so that we all know if there really are any rejections. All I heard in the past few days was "A friend of mine got rejected on 2nd... My friend's friend got his rejected..Somebody got rejected..."
I didn't see a single post from anyone who got their OWN 485 REJECTED when they filed on July 2nd.
So please post your information as to when your app is received at USCIS.
Mine reached USCIS on July 2, 2007 @ 10AM via FEDEX.
Thanks.
more...
house fat person running. people
jungalee43
01-22 11:53 AM
Army honors its fallen heroes post-thumously.
Without IV; many of us will get GCs post-thumously and thank god they have made address change on line now. We have a tool now to convey them addresses of graves!!!!
:D :D :D
Without IV; many of us will get GCs post-thumously and thank god they have made address change on line now. We have a tool now to convey them addresses of graves!!!!
:D :D :D
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newuser
04-21 11:45 PM
Thanks for the updates.
more...
pictures Cartoon Fat Man Running.
pappu
12-26 03:41 PM
6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle.....
So if you travel to India and change planes in Paris you need a transit visa!!
What other countries do that and what countries allow without the visa? this information will be helpful.
So if you travel to India and change planes in Paris you need a transit visa!!
What other countries do that and what countries allow without the visa? this information will be helpful.
dresses fat person running.
Ramba
07-04 09:07 PM
nixstor,
First, with out name check cleared by FBI, no 485 will be approved. Assiging visa number to a 485 appliction initally, nothing to do with name check. If the applicant is threat to the security of the country, his/her 485 will be denied and they will take back the already assigned number. Both are two different issues.
Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.
First, with out name check cleared by FBI, no 485 will be approved. Assiging visa number to a 485 appliction initally, nothing to do with name check. If the applicant is threat to the security of the country, his/her 485 will be denied and they will take back the already assigned number. Both are two different issues.
Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.
more...
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indianindian2006
07-14 05:35 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Could you inform us what your Eb category is and what is your priority dates.
TIA
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Could you inform us what your Eb category is and what is your priority dates.
TIA
girlfriend cartoon fat person running.
vaishnavilakshmi
06-18 09:53 PM
hi,
Usually they ask for only copies of all the docs and not the originals.And they may ask to show the original copies of the birth,marriage etc,wedding pics,family pics etc at the time of interviews.
Hope this helps u,
vaishu
Usually they ask for only copies of all the docs and not the originals.And they may ask to show the original copies of the birth,marriage etc,wedding pics,family pics etc at the time of interviews.
Hope this helps u,
vaishu
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akhilmahajan
09-28 08:51 AM
At the end of the day, its comes to ones preferences.
The way i look at, after spending so many years in states, its just hard to pack and move. Over the period of time, we make friends, we have familes and above all we invest the best years of our lives.
Pros and cons will be everywhere.
India no doubt has changed a lot. One can debate about the pros and cons the whole day. I dont think money is a problem in india any more. The economy is growing like anything and will keep on growing. No doubt about it.
I am sure folks who have spent 7-8 years in this country and are still trying to settle down, will love every oppurtunity to settle down here. Because this country is like our home now. We have given it everything. We have made sincere efforts in helping the American economy grow.
Even if we move to other countries, there is no gurantee we will be treated good. We have to start from scratch, make friends, earn peoples respect and trust.
Sometimes i feel sad when people talk about leaving the country, to whom they have given everything.
I will like to ask everyone one question.
Why not give one good shot at trying to fix the broken Employement-Based green card system? What are we all scared off? We never did anything wrong, so why do we need to leave the country?
Folks think about it.
I am sorry if i offended anyone, but this is what i feel.
I believe in fixing things then running away from them. Thats my take.
GO IV GO
TOGETHER WE CAN
The way i look at, after spending so many years in states, its just hard to pack and move. Over the period of time, we make friends, we have familes and above all we invest the best years of our lives.
Pros and cons will be everywhere.
India no doubt has changed a lot. One can debate about the pros and cons the whole day. I dont think money is a problem in india any more. The economy is growing like anything and will keep on growing. No doubt about it.
I am sure folks who have spent 7-8 years in this country and are still trying to settle down, will love every oppurtunity to settle down here. Because this country is like our home now. We have given it everything. We have made sincere efforts in helping the American economy grow.
Even if we move to other countries, there is no gurantee we will be treated good. We have to start from scratch, make friends, earn peoples respect and trust.
Sometimes i feel sad when people talk about leaving the country, to whom they have given everything.
I will like to ask everyone one question.
Why not give one good shot at trying to fix the broken Employement-Based green card system? What are we all scared off? We never did anything wrong, so why do we need to leave the country?
Folks think about it.
I am sorry if i offended anyone, but this is what i feel.
I believe in fixing things then running away from them. Thats my take.
GO IV GO
TOGETHER WE CAN
blewstream
06-09 02:35 AM
Any hopes of EB3 seeing 2003 in FY2010??
Its a very painful journey :eek:
Its a very painful journey :eek:
sanju
02-07 01:25 PM
I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.
If country quotas are removed in employment based category, skilled immigrants from other countries will get EQUAL chance just as skilled immigrants from India and China.
Here is a problem arising as the result of country quotas -
1.) Huge backlogs in EB green card categories
2.) Consulting companies apply for H1 for more and more people from backlogged countries because it will take 6-12 years for people from countries that are backlogged in EB green card category. This causes more backlogged EB green card categories, and more incentive for consulting companies to hire from backlogged countries. So less people from other countries are hired on H1.
As someone said on this forum, I took resume and my qualifications for the job interview, I did not take my birth certificate for the job interview. So why should the EB green card, which is a direct benefit of my employment, be judged based on where my birth certificate was issued?
Country quota system is WRONG at every level. Its only a matter of time that it will be removed. Sorry, if your application is not approved before the removal of country quota system.
.
If country quotas are removed in employment based category, skilled immigrants from other countries will get EQUAL chance just as skilled immigrants from India and China.
Here is a problem arising as the result of country quotas -
1.) Huge backlogs in EB green card categories
2.) Consulting companies apply for H1 for more and more people from backlogged countries because it will take 6-12 years for people from countries that are backlogged in EB green card category. This causes more backlogged EB green card categories, and more incentive for consulting companies to hire from backlogged countries. So less people from other countries are hired on H1.
As someone said on this forum, I took resume and my qualifications for the job interview, I did not take my birth certificate for the job interview. So why should the EB green card, which is a direct benefit of my employment, be judged based on where my birth certificate was issued?
Country quota system is WRONG at every level. Its only a matter of time that it will be removed. Sorry, if your application is not approved before the removal of country quota system.
.
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