srini1976
11-13 10:39 PM
In your situation, it is better to use EAD to save remaining time in 6 year period of H1. It is wise to use EAD, if you are in initial 6 year period of H1. In case if 485 is denied, you can go back to H1 and enjoy remaining period in 6 years. H1 extension, beyond 6 years is always based on pending immigration applications like LC, 140 and 485. If 485 (final step in GC) is denied, the H1 extension is also invalid. Fortunatly, USCIS do not have highly integrated system to revoke all underlying benefits (H1 Extn or EAD) based on pending immigration application was denied. After denying 485, unless USCIS specifically revoke H1B extension they granted after 6 years or EAD, you may be eligible to legally work with that document till its expiry. However, if they bring more integration to their system, they may deny all subsidary benefits due to denial of 140/485.
Hi Ramba,
Thanks for your response.
I have few other questions based on your response please. I am considering BOTH the options and will act accordingly with the BETTER option.
(1) EAD -To have the remaining of H1 as back up: If I use EAD and move to the new employer and also send AC21 documents to USCIS. My current employer will cancel H1 and revoke approved I-140. Also looking at the current scenario if USCIS denies 485 within a couple of months how do I get back to H1-B ASAP while I file MTR?
(2) H1 - Maintain H1 and use AC21 with H1 transfer(I will have around 9-10 months of H1 remaining at this point of time): And if current employer cancels H1 and revokes I-140 and that triggers 485 denial, I will still have some H1 period remaining and this should aid me in CONTINUING the new JOB while I file MTR?
Cheers,
Srini
Hi Ramba,
Thanks for your response.
I have few other questions based on your response please. I am considering BOTH the options and will act accordingly with the BETTER option.
(1) EAD -To have the remaining of H1 as back up: If I use EAD and move to the new employer and also send AC21 documents to USCIS. My current employer will cancel H1 and revoke approved I-140. Also looking at the current scenario if USCIS denies 485 within a couple of months how do I get back to H1-B ASAP while I file MTR?
(2) H1 - Maintain H1 and use AC21 with H1 transfer(I will have around 9-10 months of H1 remaining at this point of time): And if current employer cancels H1 and revokes I-140 and that triggers 485 denial, I will still have some H1 period remaining and this should aid me in CONTINUING the new JOB while I file MTR?
Cheers,
Srini
wallpaper external image
kviswanathan
09-14 11:27 PM
My lawyer put in a SR on Sept 1. On Sept 11 i recd. the email saying that i was approved. My situation was similar to yours. Same company for 8 years, no RFE - infact no updates on my online status since Sept 2007 when it was first updated to reflect the fact that the application was recd at NSC. So i am assuming that SR triggered review of the application but with USCIS who knows.
Hopefully you will get your approval soon if my case is any indicator (admitted the sample size = 1)
Good luck,
Krishnan
details:
PD : April 2004
July 2nd Filer
I-485 approved : 9/11/09
CPO : 9/11/09
Hopefully you will get your approval soon if my case is any indicator (admitted the sample size = 1)
Good luck,
Krishnan
details:
PD : April 2004
July 2nd Filer
I-485 approved : 9/11/09
CPO : 9/11/09
kumarc123
01-11 12:47 PM
I doubt anyone will want to go hungry for a greencard. People say a lot of things but they do not do it. All these people talking for a rally will not even show up for a rally when it is held. They are too scared to come out and show their faces to the media.
My friend,
I will show up and you? Please lets promote the spirit and not pick on each other.
My friend,
I will show up and you? Please lets promote the spirit and not pick on each other.
2011 NEMO marlin - JungleKey.com
add78
04-27 03:46 PM
Below is the text for Waivers.. My understanding is that if end Client gives a letter to DOL stating that they don't layoffs due to this H1B and it is a temp. labor requirement etc.. It is still harsh considering anti-immigration climate.. What is feared asked in a Visa interview will be asked by DOL for extensions. So, H1B can't be on an auto-pilot mode..
``(I) the employer with whom the H-1B nonimmigrant would be placed has not displaced, and does not intend to displace, a United States worker employed by the employer within the period beginning 180 days before and ending 180 days after the date of the placement of the nonimmigrant with the employer;
``(II) the H-1B nonimmigrant will not be controlled and supervised principally by the employer with whom the H-1B nonimmigrant would be placed; and
``(III) the placement of the H-1B nonimmigrant is not essentially an arrangement to provide labor for hire for the employer with whom the H-1B nonimmigrant will be placed.
the big consulting companies (IBM/Deloitte/Accenture et al) will try to get a waiver by showing the 3 conditions above - however, they need to do so every time a current assignment for their H1B employer ends and they need to place them on a new assignment / client. At that time they need to go through the waiver again, to determine whether the end client has had any layoffs in the last 180 days.
In short this bill is a disaster for ALL CONSULTING companies that have a large H1B population.
``(I) the employer with whom the H-1B nonimmigrant would be placed has not displaced, and does not intend to displace, a United States worker employed by the employer within the period beginning 180 days before and ending 180 days after the date of the placement of the nonimmigrant with the employer;
``(II) the H-1B nonimmigrant will not be controlled and supervised principally by the employer with whom the H-1B nonimmigrant would be placed; and
``(III) the placement of the H-1B nonimmigrant is not essentially an arrangement to provide labor for hire for the employer with whom the H-1B nonimmigrant will be placed.
the big consulting companies (IBM/Deloitte/Accenture et al) will try to get a waiver by showing the 3 conditions above - however, they need to do so every time a current assignment for their H1B employer ends and they need to place them on a new assignment / client. At that time they need to go through the waiver again, to determine whether the end client has had any layoffs in the last 180 days.
In short this bill is a disaster for ALL CONSULTING companies that have a large H1B population.
more...
sri1309
12-17 08:24 AM
Folks - this campaign is endorsed by IV core. This is a very important campaign moving forward with the new president.
This thread always remains on top to get more visibility. Please send your stories and also urge everyone you know to send their stories
Chandu,
I am not sure if you are moderator, if so, we request you have it as an IV action item in home page. Having been with this excellant forum for more than a year now most of us DO know if IV core endorse it or not ..If you notice , you will see my last posts stil in the same page.. meaning reponse isnt that great. Please drive it more..
Thanks in advance..
This thread always remains on top to get more visibility. Please send your stories and also urge everyone you know to send their stories
Chandu,
I am not sure if you are moderator, if so, we request you have it as an IV action item in home page. Having been with this excellant forum for more than a year now most of us DO know if IV core endorse it or not ..If you notice , you will see my last posts stil in the same page.. meaning reponse isnt that great. Please drive it more..
Thanks in advance..
lazycis
01-09 01:26 PM
I am in U.S. and I applied here.
do I still need that I-601?
More likely you will need it if you leave the country.
do I still need that I-601?
More likely you will need it if you leave the country.
more...
admin
04-09 08:32 PM
Moderators, do you think it's possible to issue an email receipt to contributors? I donated $250 so far and the first $100 was done through my bank billpay.. However, the online billpay deducted the amount right away, and it didn't give me any indication whether the check was actually endorsed by the intended recipient on the supposed delivery date.. Worrying about that, I sent in my second contribution via paypal.
Writing an actual paper check, I would see a copy of endorsement online, or using paypal I would know it's cashed out via email. But this is not the case with my bank's (bank of america) online billpay. Thanks!
xu1,
Thanks for highlighting this issue. Going forward if our contributors would like confirmation that their check has been received, please write your email id in the memo section of the check or the account number section of the bill payment check. We have changed our Contributions (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44) page to reflect this.
Writing an actual paper check, I would see a copy of endorsement online, or using paypal I would know it's cashed out via email. But this is not the case with my bank's (bank of america) online billpay. Thanks!
xu1,
Thanks for highlighting this issue. Going forward if our contributors would like confirmation that their check has been received, please write your email id in the memo section of the check or the account number section of the bill payment check. We have changed our Contributions (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44) page to reflect this.
2010 Titulo: Buscando a Nemo
willgetgc2005
11-13 03:58 PM
CIR will be as controversial as ever. SKIL, if any is our best bet.
CIR seems to be a perpetual wait. Both parties will not close it.
They need big issues to bicker and promise the electorate
for the next election.
IRAQ and CIR will be those big tickets they will use as levers.
Sorry to sound negative, but it is just the way I see it.SKIL is our only option, IF AT ALL. CIR is just an illusion and who knows if our provisions will be in CIR even if it becomes a reality ??!!!
_________________________________________________
CIR seems to be a perpetual wait. Both parties will not close it.
They need big issues to bicker and promise the electorate
for the next election.
IRAQ and CIR will be those big tickets they will use as levers.
Sorry to sound negative, but it is just the way I see it.SKIL is our only option, IF AT ALL. CIR is just an illusion and who knows if our provisions will be in CIR even if it becomes a reality ??!!!
_________________________________________________
more...
Bytes4Lunch
08-20 01:01 PM
Good job laying out all usecases "add78".
In my case, I travelled back on AP as my visa extension stamping went pending in Mumbai consulate. Came back here with my I-94 indicating "Parolee" as my new status.
Within 2 weeks, I changed employer as per AC21, they filed for my H1 transfer(premium processing) via Murthy Law Firm. I received a new I94 which put me back in the H1B status. During this 2-3 weeks I was in the US as a parolee I did NOT use the EAD, because you don't have to.
Interestingly after 3 months of my visa application at Mumbai consulate (2 months after I reached US) I received an email from them asking me to submit my passport for stamping. Its unbelievable that they think applicants would still be waiting in India for 3 months and that their employers would still be interested in keeping them, but I guess after all this ordeal I realised, they just don't care.
In my case, I travelled back on AP as my visa extension stamping went pending in Mumbai consulate. Came back here with my I-94 indicating "Parolee" as my new status.
Within 2 weeks, I changed employer as per AC21, they filed for my H1 transfer(premium processing) via Murthy Law Firm. I received a new I94 which put me back in the H1B status. During this 2-3 weeks I was in the US as a parolee I did NOT use the EAD, because you don't have to.
Interestingly after 3 months of my visa application at Mumbai consulate (2 months after I reached US) I received an email from them asking me to submit my passport for stamping. Its unbelievable that they think applicants would still be waiting in India for 3 months and that their employers would still be interested in keeping them, but I guess after all this ordeal I realised, they just don't care.
hair Finding Nemo Theme (P..
munnu77
07-16 09:40 AM
signed and sealed
more...
geesee
09-18 01:27 PM
Thanks kubmilegaGC!
I will call the senators immigration liaison tomorrow. Hopefully she will not tell me that they cannot do anything besides what they have done because that is what they told me in September last year when I got a standard response last year.
Unfortunately nobody understands the pain and agony we are going through. For them, its just another day at the office, they couldnt care less. Nevertheless, I am going to try tomorrow.....hey, cant give up that easy.
I will call CS again tomorrow, I dont mind being yelled at and I am gonna tell her this time that I have not opened a SR. Atleast, she will then transfer my call to a IO.
Let's see what tomorrow has in store for me!!
Request the CSR to transfer the call to an IO.. thats what I did today... IO seemed knowledgeable than all CSRs I talked to...
Opened SR for my wife.. it seems opening SR for wife's case did a trick to few cases...
Keeping fingers crossed.....
I will call the senators immigration liaison tomorrow. Hopefully she will not tell me that they cannot do anything besides what they have done because that is what they told me in September last year when I got a standard response last year.
Unfortunately nobody understands the pain and agony we are going through. For them, its just another day at the office, they couldnt care less. Nevertheless, I am going to try tomorrow.....hey, cant give up that easy.
I will call CS again tomorrow, I dont mind being yelled at and I am gonna tell her this time that I have not opened a SR. Atleast, she will then transfer my call to a IO.
Let's see what tomorrow has in store for me!!
Request the CSR to transfer the call to an IO.. thats what I did today... IO seemed knowledgeable than all CSRs I talked to...
Opened SR for my wife.. it seems opening SR for wife's case did a trick to few cases...
Keeping fingers crossed.....
hot de quot;Buscando a Nemoquot;
smodekurti
10-23 03:35 PM
Finally my attorney from the previous company has received the withdrawal notice for my H1B with that company. The attorney also said that this was in response to the withdrawal request that the company has filed with USCIS after I left them.
more...
house FINDING NEMO EDIBLE CAKE
msp1976
03-10 07:57 PM
Friend of mine (to whom I contacted regarding IV) is in USA for 7 years and knows how lobbying & party funds are raised (including Watergate) and also very much aware of "Retrogression" and problems of being "Legal".
Also, he is aware of cause of IV and appreciate that but he is un-comfortable because whenever he login to IV, he noticed that:
- more than 40-50% respondents are talking about money/contributions & signatures showing how much they have contributed as of today,
- 10-15% are talking about blocking non-contributors(calling by Free Lunchers etc..),
- 5 % are Pseudo intellectuals (talking BIG but dont know immigration basics like - PD, issues of I-140/I485)
- 5% are always trying to shutdown others, accusing/calling by names to other forum members (he says "Highly skilled" in accusing!!)
- and remaining are "Positive" contributors for IVs retrogression cause (talking about - I spoke to senators office, can we arrange rallies, when to Fax/fliers, when State chapters are going to meet, posting excerpts from senate/CSPAN/News etc..)
Is our audience is so? Can we focus on our cause? pl be together like.. Like-Minded!!!
First of all We are not into any 'gate' here...We are not creating any 'watergate' or 'immigrationgate'...
All activities we do are legal and you would eventually get the expenditure report too...
Now If you try to build any organization that is non paid completely volunteer...basis, all kinds of things do creep in...
There is no avoiding that....
Your 'friend' has a very idealized version of public organization in his mind....
But the fact is that all public volunteer based organization(especially the ones so heavily populated by 'high skilled' ones) are going to be chaotic....
The only public organizations that are not chaotic are either the Chinese communist party or paramilitary organization like fire fighters and police departments..All other organizations are going to be how you described...the different %ges..
Now you have 2 choices.....
Choice 1. Try to work with the chaos and have some voice in the legislative process...
Choice 2. Shut your self out and not have a voice at all and mind you one less voice makes our collective voice weaker....
The choice is yours to make.........
Also, he is aware of cause of IV and appreciate that but he is un-comfortable because whenever he login to IV, he noticed that:
- more than 40-50% respondents are talking about money/contributions & signatures showing how much they have contributed as of today,
- 10-15% are talking about blocking non-contributors(calling by Free Lunchers etc..),
- 5 % are Pseudo intellectuals (talking BIG but dont know immigration basics like - PD, issues of I-140/I485)
- 5% are always trying to shutdown others, accusing/calling by names to other forum members (he says "Highly skilled" in accusing!!)
- and remaining are "Positive" contributors for IVs retrogression cause (talking about - I spoke to senators office, can we arrange rallies, when to Fax/fliers, when State chapters are going to meet, posting excerpts from senate/CSPAN/News etc..)
Is our audience is so? Can we focus on our cause? pl be together like.. Like-Minded!!!
First of all We are not into any 'gate' here...We are not creating any 'watergate' or 'immigrationgate'...
All activities we do are legal and you would eventually get the expenditure report too...
Now If you try to build any organization that is non paid completely volunteer...basis, all kinds of things do creep in...
There is no avoiding that....
Your 'friend' has a very idealized version of public organization in his mind....
But the fact is that all public volunteer based organization(especially the ones so heavily populated by 'high skilled' ones) are going to be chaotic....
The only public organizations that are not chaotic are either the Chinese communist party or paramilitary organization like fire fighters and police departments..All other organizations are going to be how you described...the different %ges..
Now you have 2 choices.....
Choice 1. Try to work with the chaos and have some voice in the legislative process...
Choice 2. Shut your self out and not have a voice at all and mind you one less voice makes our collective voice weaker....
The choice is yours to make.........
tattoo a Nemo, Finding Nemo
deletedUser459
06-11 11:04 PM
you're not supposed to skin that...
more...
pictures BUSCANDO A NEMO: APRENDE CON
priderock
07-12 01:01 PM
I think that is what they will do in order not to look like fools.
the question is, What happens to those july filers whose applications have not been returned yet and who will become current in the next bulletin.
Will USCIS ask them for the new fees.... Will they have to do all paperwork again including medicals.....what a mess!
It will be even interesting for cases that are not returned but will not be current in next bulletin. Your medical reports are valid for one year.
the question is, What happens to those july filers whose applications have not been returned yet and who will become current in the next bulletin.
Will USCIS ask them for the new fees.... Will they have to do all paperwork again including medicals.....what a mess!
It will be even interesting for cases that are not returned but will not be current in next bulletin. Your medical reports are valid for one year.
dresses [FS] [MU] Finding Nemo
desijackass
01-29 10:49 AM
It took 7 working days last december for my passport to come back.
more...
makeup Buscando a Nemo
Juan28210
04-19 01:42 PM
Hi Folks,
I hope you could share your experiences if you belong to the same situation.
I have an approved EB2 labor cert thru PERM, and I belong to ROW. I am now preparing to file I-140 and I-485 concurrently.
I just saw my petitioner's(S-corporation) federal tax return. Gross revenue is $700,000; Net income is $20,000 which is only a quarter of my current wage. The offered wage per my labor cert is $80,000.
Do I have a big chance of denial in the I-140 stage due to employer's inability to pay? Please advise.
Thanks!
I hope you could share your experiences if you belong to the same situation.
I have an approved EB2 labor cert thru PERM, and I belong to ROW. I am now preparing to file I-140 and I-485 concurrently.
I just saw my petitioner's(S-corporation) federal tax return. Gross revenue is $700,000; Net income is $20,000 which is only a quarter of my current wage. The offered wage per my labor cert is $80,000.
Do I have a big chance of denial in the I-140 stage due to employer's inability to pay? Please advise.
Thanks!
girlfriend (Buscando a Nemo) ha sido
gumpena
07-14 05:42 PM
signed..
hairstyles detr?s de Buscando a Nemo
gc_maine2
03-14 09:39 AM
I pray your wish come true ....
Yeah I agree. We should lobby to merge EB2 and EB3. J
Yeah I agree. We should lobby to merge EB2 and EB3. J
chanukya
02-06 10:37 AM
Though they run for non-profit.
So public schools Elem/Middle/High , still have to go thru nornal H1B process for teachers, have to wait for OCT1, start date.
School is non-profit organization that is exempt from H1B quota. Correct me if I am wrong.
You can get H1B at any time if school is exempt from H1B quota.
So public schools Elem/Middle/High , still have to go thru nornal H1B process for teachers, have to wait for OCT1, start date.
School is non-profit organization that is exempt from H1B quota. Correct me if I am wrong.
You can get H1B at any time if school is exempt from H1B quota.
Macaca
02-14 01:41 PM
There is no leadership problem in core : not a single thing, nada, zitto, zapata. Core has much better info for decision making then any non-core; the decision may be interim relief (I-485 filing, unused visa recapture, ...) or any thing else. My conclusion is based on my readings about immigration issues, our issue, current political situation and core posts. Core has correctly predicted Ag Jobs and Schedule A this month. We are wasting our time by debating this issue. Please educate yourself.
Core has not misused any contribution money; it is not easy to misuse contributions made to non-profit organization. Once again please educate yourself. Besides, how much contribution money is there? However, I have very serious problems with members when Aman says that he has spent 30-40K of his own money and logiclife says that he has spent his own money on travel : shame on all members who are still sitting on their $20 and debating all other issues.
I do have some issues with core. Some members are curious about finances and progress reports. It is much better to post such info (decided by core) rather then wasting time when someone asks about. At present, such info has been posted and is the best info available at this time.
I also have some issues with deleting posts. Based on the contents of deleted posts, I don't think the core has much to hide. Hence, it is better to let these posts exist rather then delete them. Members who agree with these posts should be free to debate. They will not hurt IV. Deleting posts has undermined the credibilty of core.
IV was founded by some some core and exists only because of their efforts. They have earned the right to make some decisions. Please understand that, everyone makes some mistakes and has some bad days. I request non-core to give then benefit of doubt on side shows and freak shows. We are wasting our time on these issues.
I have very serious problems with most members. Core is negotiating with a lobbying firm. I understand that QGA was paid 60K.
1. Where is the money for the lobbying firm?
2. Whose problem is it to arrange money for the lobbying firm?
3. How does discussing any issue in the forums help us in arranging money for the lobbying firm?
So non-core, please don't worry about core. Worry about yourself. You are doing a great dis-service to our cause by debating anything not covered by the folowing.
1. What are your responsibilties?
2. What are your results?
Core has not misused any contribution money; it is not easy to misuse contributions made to non-profit organization. Once again please educate yourself. Besides, how much contribution money is there? However, I have very serious problems with members when Aman says that he has spent 30-40K of his own money and logiclife says that he has spent his own money on travel : shame on all members who are still sitting on their $20 and debating all other issues.
I do have some issues with core. Some members are curious about finances and progress reports. It is much better to post such info (decided by core) rather then wasting time when someone asks about. At present, such info has been posted and is the best info available at this time.
I also have some issues with deleting posts. Based on the contents of deleted posts, I don't think the core has much to hide. Hence, it is better to let these posts exist rather then delete them. Members who agree with these posts should be free to debate. They will not hurt IV. Deleting posts has undermined the credibilty of core.
IV was founded by some some core and exists only because of their efforts. They have earned the right to make some decisions. Please understand that, everyone makes some mistakes and has some bad days. I request non-core to give then benefit of doubt on side shows and freak shows. We are wasting our time on these issues.
I have very serious problems with most members. Core is negotiating with a lobbying firm. I understand that QGA was paid 60K.
1. Where is the money for the lobbying firm?
2. Whose problem is it to arrange money for the lobbying firm?
3. How does discussing any issue in the forums help us in arranging money for the lobbying firm?
So non-core, please don't worry about core. Worry about yourself. You are doing a great dis-service to our cause by debating anything not covered by the folowing.
1. What are your responsibilties?
2. What are your results?
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