gc_chahiye
06-03 06:30 AM
check with your company attorneys, this is serious stuff.
From what I understand:
> 1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and
> the day I'm going to enter US so that I can stay in US for another 6 years on
> H1-B. Is my understanding correct?
correct. Technically your company can file a PERM LC right now, and you can start in October (so the year after, you can get an H1 extension based on this LC), however its much much better for you to maintain this gap and start a new H1 (its easier to change jobs when you are not dependent on extensions: you get 6 full years)
> 2) Is it OK to go for VISA staming before 6-Jan-08?
yes, stamping does not matter. You can get that done anytime though its recommended to get it done close (30-60 days) to your date of travel. If you get it done now, and travel on Jan 7th, make sure you carry an updated offer letter from your company in the US, reconfirming that the position is still open for you.
From what I understand:
> 1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and
> the day I'm going to enter US so that I can stay in US for another 6 years on
> H1-B. Is my understanding correct?
correct. Technically your company can file a PERM LC right now, and you can start in October (so the year after, you can get an H1 extension based on this LC), however its much much better for you to maintain this gap and start a new H1 (its easier to change jobs when you are not dependent on extensions: you get 6 full years)
> 2) Is it OK to go for VISA staming before 6-Jan-08?
yes, stamping does not matter. You can get that done anytime though its recommended to get it done close (30-60 days) to your date of travel. If you get it done now, and travel on Jan 7th, make sure you carry an updated offer letter from your company in the US, reconfirming that the position is still open for you.
wallpaper Café | Jon Kortajarena by
SFSweta
09-10 02:43 PM
So there you have it - no vote on the bill today...
I don't get it guys - what's up with this country - is this really what it's come down? Give me your tired, your poor - but DEFINITELY don't give me your talented, your educated and your promising. Because really - what are we going to do with people who actually pay taxes, contribute to the community and help bring prosperity.
We would love to have just your best cotton-pickers...this is just a little disappointing - and yet I ask, what should we do now? We have 2 months to go - it's time to make a HUGE difference...
I don't get it guys - what's up with this country - is this really what it's come down? Give me your tired, your poor - but DEFINITELY don't give me your talented, your educated and your promising. Because really - what are we going to do with people who actually pay taxes, contribute to the community and help bring prosperity.
We would love to have just your best cotton-pickers...this is just a little disappointing - and yet I ask, what should we do now? We have 2 months to go - it's time to make a HUGE difference...
nixstor
10-16 05:59 PM
I personally think there is a possible ambiguity in the request (especially since we are dealing with a government agency). So we should probably bullet point the data we need at least and if people don't think there is any harm in putting in a table for the format of data needed that will make things very clear. I agree with you that breakdown of quarter/month is probably not needed and might actually hurt our chances of getting the answer within reasonable amount of time.
Hear ya. Even though its repetitive,for the sake of clarity and to avoid ambiguity/frivolous answer, I have updated the document in google docs and the attachment by one of our other member prabhu.
Thanks for your feedback.
Hear ya. Even though its repetitive,for the sake of clarity and to avoid ambiguity/frivolous answer, I have updated the document in google docs and the attachment by one of our other member prabhu.
Thanks for your feedback.
2011 THE DAY : JON KORTAJARENA
supers789
11-23 02:25 PM
Ok. This is new to me. Can someone confirm if this is true? Is there any link that supports this?
--------
I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
--------
I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
more...
WeldonSprings
02-13 05:12 PM
By ensuring that Indians do not get H-1 B visas and don't require their services; the US Government is building Trade Barriers in terms of Indian Goods sold there!!!
WE DO NOT WANT COLGATE, VICKS, COCA-COLA AND PEPSI IN INDIA. THROW THEM OUT! THEY REMIND ME OF BRITISH EAST INDIA COMPANY!!!
Skilled immigrant not mucho good googling....:D
The Indian Consulate, New York, provides information on the relevant
Visas. It appears you will have to apply for an Employment Visa. There
is detailed information on the page and a Visa Application Form. I
note there is also a Journalists Visa which is for three months. I
don?t know if this is applicable to your situation.
This is some of the relevant information.
EMPLOYMENT VISA: Employment visas are initially issued for one-year
stay. A copy of the contract with the employer has to be enclosed.
Kindly note that Employment Visa is given only for jobs that require
very high level of skills and expertise. This can be extended by
Foreigners Regional Registration Office in India, if the job contract
continues. Spouses and children are granted co-terminus entry visas on
request.
http://www.indiacgny.org/php/showContent.php?linkid=23
WE DO NOT WANT COLGATE, VICKS, COCA-COLA AND PEPSI IN INDIA. THROW THEM OUT! THEY REMIND ME OF BRITISH EAST INDIA COMPANY!!!
Skilled immigrant not mucho good googling....:D
The Indian Consulate, New York, provides information on the relevant
Visas. It appears you will have to apply for an Employment Visa. There
is detailed information on the page and a Visa Application Form. I
note there is also a Journalists Visa which is for three months. I
don?t know if this is applicable to your situation.
This is some of the relevant information.
EMPLOYMENT VISA: Employment visas are initially issued for one-year
stay. A copy of the contract with the employer has to be enclosed.
Kindly note that Employment Visa is given only for jobs that require
very high level of skills and expertise. This can be extended by
Foreigners Regional Registration Office in India, if the job contract
continues. Spouses and children are granted co-terminus entry visas on
request.
http://www.indiacgny.org/php/showContent.php?linkid=23
masouds
02-15 04:14 PM
I understand your frustration, but the rules are the same for everybody, and if India sends more immigrants to the US then any other country, that\\\'s not the US Government\'s fault.
If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.
"If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally."
This is a blatant lie. India is not using up ALL the H1B Visas, how can it use up ALL EB Immigration visas.
Right; So, why o why the priority date for Indian (and chinese) born immigrants are way before ROW? Because there are more of you guys than ROW who want to immigrate to US. And that is OK, since those countries have way more population than rest of the other countries and more professionals. It is just that the policy is here since they don't want everyone (waiters, DMV clerks, etc) in Silicon Valley to be forced to learn Mandarin or Persian or whatever.
If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.
"If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally."
This is a blatant lie. India is not using up ALL the H1B Visas, how can it use up ALL EB Immigration visas.
Right; So, why o why the priority date for Indian (and chinese) born immigrants are way before ROW? Because there are more of you guys than ROW who want to immigrate to US. And that is OK, since those countries have way more population than rest of the other countries and more professionals. It is just that the policy is here since they don't want everyone (waiters, DMV clerks, etc) in Silicon Valley to be forced to learn Mandarin or Persian or whatever.
more...
like_watching_paint_dry
04-06 11:10 PM
If we come across a few cases we can explore options. Is there an appeal process? This can be in media and can help future cases. With few case examples, a legal opinion can also be sought if this is legal at POE.
In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.
No no. This is very true. This happened to my friend's friend.
My friend's friend was visiting my friend and was traveling with his dog. The VO asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The VO immediately called my friend and asked if he can take a US dog and have it poop in the park and pee on tire. My friend said yes! And the VO immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.
IV should do something about this before too late! ;)
In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.
No no. This is very true. This happened to my friend's friend.
My friend's friend was visiting my friend and was traveling with his dog. The VO asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The VO immediately called my friend and asked if he can take a US dog and have it poop in the park and pee on tire. My friend said yes! And the VO immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.
IV should do something about this before too late! ;)
2010 Jon Kortajarena for ESPRIT
Openarms
08-11 02:42 PM
Please email to Compete America (info@competeamerica.org) see if they can help us at this point.
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)
more...
yagw
07-13 12:03 PM
yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)
Sorry for bringing the bad news. You will be current in next bulletin so cheer up!!!
Sorry for bringing the bad news. You will be current in next bulletin so cheer up!!!
hair Jon Kortajarena poses for
nomi
12-11 03:58 PM
USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)
INA should be changed which should be done through a legislative process, not through any rule making.
Thank xbohdukc. I think, this door is also close.
INA should be changed which should be done through a legislative process, not through any rule making.
Thank xbohdukc. I think, this door is also close.
more...
bomber
06-30 07:30 PM
Way to Go !
Let's get united (for the first time) and fight it tooth and nail.
We should not let them get away with something like this so easily.
To be honest with you all, last week when these rumors started, I thought once my case is filed, I don't care if they revise the bulletin or whatever. But after going through all this since yesterday, I don't want something like this to happen even to my enemies.
Even if my case is accepted(current in June, hopefully lawyer mailed it Friday for monday delivery) I'll support you guys in this fight!
So that it boosts up peoples who are similarly disappointed as i was last evening from 6 thru 9 PM ...
July bulletin is still C and no one can stop us from Mailing/ Posting !!
Let's get united (for the first time) and fight it tooth and nail.
We should not let them get away with something like this so easily.
To be honest with you all, last week when these rumors started, I thought once my case is filed, I don't care if they revise the bulletin or whatever. But after going through all this since yesterday, I don't want something like this to happen even to my enemies.
Even if my case is accepted(current in June, hopefully lawyer mailed it Friday for monday delivery) I'll support you guys in this fight!
So that it boosts up peoples who are similarly disappointed as i was last evening from 6 thru 9 PM ...
July bulletin is still C and no one can stop us from Mailing/ Posting !!
hot Jon Kortajarena. Share:
sanju
10-20 01:17 AM
nojoke dont get emotional. we have no bone to pick with either obama or mcccain. We are talking about who is better for eb immigrants, so either you talk about what obama can offer or has offered to eb immigrants, unfortunately you cannot because obama is anti eb immigrants, so you are spewing the democratic talking points here and changing the topic. This is not a political site please dont bring politics here and concentrate on eb policies of the candidates.
Agree 100%. And this is what Obama has to offer. He will defer EB issue to Durbin. This is a single most important issue that will effect this community in the coming year, more than anything else. EB community is totally blind-sided at this time not realizing what is happening. Most people here are not connecting the dots to see what is in store for EB community if Obama wins this election. Here is a word of caution for this community, the light at the end of the tunnel IS FOR SURE the fast approaching train, and its very close, so be prepared and do what you can to protect yourself.
Regardless of the palin heart beat away from being president, qualification, charisma, campaign message, and other politics, just find out who introduced Obama at the DNC convention. Folks, not sure how one can prepare when one is sure to be hit by a train but I have to say - be prepared because you are about to be hit by a train.
.
Agree 100%. And this is what Obama has to offer. He will defer EB issue to Durbin. This is a single most important issue that will effect this community in the coming year, more than anything else. EB community is totally blind-sided at this time not realizing what is happening. Most people here are not connecting the dots to see what is in store for EB community if Obama wins this election. Here is a word of caution for this community, the light at the end of the tunnel IS FOR SURE the fast approaching train, and its very close, so be prepared and do what you can to protect yourself.
Regardless of the palin heart beat away from being president, qualification, charisma, campaign message, and other politics, just find out who introduced Obama at the DNC convention. Folks, not sure how one can prepare when one is sure to be hit by a train but I have to say - be prepared because you are about to be hit by a train.
.
more...
house Jon Kortajarena: August 2010
smuggymba
07-29 08:31 AM
A sure invitation for defamation suit. Good luck.
This is just info, OP is not defaming anyone. He might be wrong about the info, but this info is not causing any harm to those companies.
This is just info, OP is not defaming anyone. He might be wrong about the info, but this info is not causing any harm to those companies.
tattoo jon kortajarena- mangano 2009-
rsriram
11-02 03:57 PM
I am on L1 & my I-94 is expiring in a month from now on 11 Dec 2007 . I have applied for my L-Extenstion and is pending for approval.
Given this case - can my wife apply for a EAD with the current L1 approved document (expiring on 11 Dec 2007( and add my L-Extension approval papers later on?
There seems to be a three month delay in getting the EAD - hence wanted to initiate the process earlier and not till my L-Extension papers come-in
Please help me ASAP.
Sriram
Given this case - can my wife apply for a EAD with the current L1 approved document (expiring on 11 Dec 2007( and add my L-Extension approval papers later on?
There seems to be a three month delay in getting the EAD - hence wanted to initiate the process earlier and not till my L-Extension papers come-in
Please help me ASAP.
Sriram
more...
pictures Jon Kortajarena for Mangano
SGP
08-12 04:30 PM
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
I Agree with you. Count me in.
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
I Agree with you. Count me in.
dresses Jon Kortajarena
chanduv23
07-01 11:58 AM
fyi
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
Any indepth on what is the bigger picture here? Something is happening in the background on the immigration side.
Looks like lot of politics and blame game among agencies.
I think immigration lawyers or AILA etc.. may also not have any say here though they all put up on their website that we will file lawsuit etc.....
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
Any indepth on what is the bigger picture here? Something is happening in the background on the immigration side.
Looks like lot of politics and blame game among agencies.
I think immigration lawyers or AILA etc.. may also not have any say here though they all put up on their website that we will file lawsuit etc.....
more...
makeup Jon Kortajarena
starscream
02-18 04:27 PM
I did not find any section specificcaly about ending EB or ending H1B , the only reference to H1b is in SEC. 1403. that is for fashion models:
SEC. 1403. NONIMMIGRANT CATEGORY FOR FASHION MODELS.
(a) Elimination of H-1B Classification for Fashion Models-
http://www.opencongress.org/bill/111-h264/show
This bill is ending H1B for sure, but how will people get EB when there is no h1B or H1B renewal to wait for EB.
Please add your views about this bill.
Also, is there a IL chapter for IV?
SEC. 1403. NONIMMIGRANT CATEGORY FOR FASHION MODELS.
(a) Elimination of H-1B Classification for Fashion Models-
http://www.opencongress.org/bill/111-h264/show
This bill is ending H1B for sure, but how will people get EB when there is no h1B or H1B renewal to wait for EB.
Please add your views about this bill.
Also, is there a IL chapter for IV?
girlfriend jon kortajarena guess.
gapala
05-28 07:20 PM
Look how irresponsible the officers have become now a days.. they lie.. intemidate and harass the people... feels like 3rd world country... unbelievable!
Here's the story.. http://www.newson6.com/Global/story.asp?S=10440200
PADEN, Oklahoma -- An Oklahoma Highway Patrol trooper and a paramedic were caught on tape scuffling Sunday while a patient was being taken to the hospital.
The fight happened on Highway 62, near Paden, after a OHP and first responders argued over a close call on the road.
OHP alleges that one of the paramedics on the video assaulted the trooper, but the assault was not caught on tape.
"We're like trying to tell the guy, 'Dude, my mom is in the back,' and my stepdad was like, 'My wife is in the back. Can we do this at the hospital?'" said Kenyada Davis.
Kenyada Davis' mother was the woman in the back of the ambulance being treated for heat exhaustion.
He was able to shoot the altercation with his cell phone's camera.
Davis said it all started because the ambulance failed to yield to OHP troopers, who were en route to a call along highway 62 in Paden.
Davis said the driver of the ambulance was trying to avoid hitting a car that slowed down and wasn't aware of troopers nearby until it was too late.
"He slowed down, and as the car was getting over, that's when he passed us," Davis said. "I didn't hear him."
But after OHP troopers finished their official business, they pulled the Creek Nation ambulance over. One of the troopers chided Paul for failing to yield.
Once the ambulance was pulled over, Davis pulled out his phone and shot video of the scene.
Video is here - http://www.youtube.com/watch?v=KluItc365hU
Here's the story.. http://www.newson6.com/Global/story.asp?S=10440200
PADEN, Oklahoma -- An Oklahoma Highway Patrol trooper and a paramedic were caught on tape scuffling Sunday while a patient was being taken to the hospital.
The fight happened on Highway 62, near Paden, after a OHP and first responders argued over a close call on the road.
OHP alleges that one of the paramedics on the video assaulted the trooper, but the assault was not caught on tape.
"We're like trying to tell the guy, 'Dude, my mom is in the back,' and my stepdad was like, 'My wife is in the back. Can we do this at the hospital?'" said Kenyada Davis.
Kenyada Davis' mother was the woman in the back of the ambulance being treated for heat exhaustion.
He was able to shoot the altercation with his cell phone's camera.
Davis said it all started because the ambulance failed to yield to OHP troopers, who were en route to a call along highway 62 in Paden.
Davis said the driver of the ambulance was trying to avoid hitting a car that slowed down and wasn't aware of troopers nearby until it was too late.
"He slowed down, and as the car was getting over, that's when he passed us," Davis said. "I didn't hear him."
But after OHP troopers finished their official business, they pulled the Creek Nation ambulance over. One of the troopers chided Paul for failing to yield.
Once the ambulance was pulled over, Davis pulled out his phone and shot video of the scene.
Video is here - http://www.youtube.com/watch?v=KluItc365hU
hairstyles Jon Kortajarena Hair
pappu
07-01 06:11 PM
Everyone is busy partying.
No we are not partying. Welcome to IV. Please update your profile with full information. Thanks.
No we are not partying. Welcome to IV. Please update your profile with full information. Thanks.
piyu7444
01-31 04:57 AM
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
So does this mean that pending AOS has no meaning?
How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?
My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.
Thanks for your help.
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
So does this mean that pending AOS has no meaning?
How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?
My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.
Thanks for your help.
saravanaraj.sathya
03-10 03:02 PM
There is nothing to worry. You should be fine. IT does not really depend on your specific skills. If you move to another position as systems analyst with diferent technical skills it should not matter. So long as you are in the same/similar occupation as defined in ONET job code.
Ve fun
Guru's
I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.
The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code
15-1051 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?
Ve fun
Guru's
I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.
The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code
15-1051 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?
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