bitu72
09-18 04:10 PM
email me at billrider321@yahoo.com as i do lot of it.
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xu1
09-12 07:08 PM
-----------
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
This needs probably more insight..
I don't think that was necessarily true.. An H1b woman on maternity leave, even if unpaid, is legal in status. At least that's what the lawyer advised my wife.
Please ask your (company's) lawyear..
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
This needs probably more insight..
I don't think that was necessarily true.. An H1b woman on maternity leave, even if unpaid, is legal in status. At least that's what the lawyer advised my wife.
Please ask your (company's) lawyear..
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krishmunn
05-05 07:52 PM
Soltan
I am assuming you never filed your 485 with old company .
In that case, you will now need to start your PERM agains with the new company. After PERM apply a new 140 and during this application you can request for the PD as per your old 140.
But you cannot directly use the old 140 for filing a new 485
I am assuming you never filed your 485 with old company .
In that case, you will now need to start your PERM agains with the new company. After PERM apply a new 140 and during this application you can request for the PD as per your old 140.
But you cannot directly use the old 140 for filing a new 485
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maxy
04-28 09:53 AM
when you say new fees, i assuem it is $340 . Correct ??
correct.
but i am not sure renewal will be for 1 yr or 3 yrs ?
anyone here knows..?
correct.
but i am not sure renewal will be for 1 yr or 3 yrs ?
anyone here knows..?
more...
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MerciesOfInjustices
05-23 11:26 PM
A Congressman named Pence is proposing this 'compromise', which has been posted in a Time exclusive Exclusive: A Compromise Plan on Immigration (http://www.time.com/time/nation/article/0,8599,1196991,00.html?cnn=yes)!
With the Senate headed toward a final vote on an immigration bill this week, a leader of House conservatives is asking his colleagues to support a free-market plan aimed at bridging the gulf between the versions in the two chambers. The proposal by Rep. Mike Pence (R-Ind.), provided to TIME ahead of an unveiling speech at the Heritage Foundation, is arguably less compassionate than the version being debated in the Senate and supported in principle by President George W. Bush. But it looks to be more palatable to House Republicans, many of whom have opposed creating a guest worker program before new border crackdowns have been given a chance to work.
Very disturbing is this passage in this article
His plan includes all the security measures of the bill that has already passed the House, and adds a provision for guest worker visas would be good for two years. A limited renewal would be available if the worker studied English and passed an English proficiency class. Federal law already has visa categories A through V. �The visas will be referred to as �W Visas,� � Pence say in his remarks. �No kidding. I think it is obvious whose support we are trying to garner here.�
No mention of anything for legals here!
Hope this does not see the light of the day, and dies its own death!
With the Senate headed toward a final vote on an immigration bill this week, a leader of House conservatives is asking his colleagues to support a free-market plan aimed at bridging the gulf between the versions in the two chambers. The proposal by Rep. Mike Pence (R-Ind.), provided to TIME ahead of an unveiling speech at the Heritage Foundation, is arguably less compassionate than the version being debated in the Senate and supported in principle by President George W. Bush. But it looks to be more palatable to House Republicans, many of whom have opposed creating a guest worker program before new border crackdowns have been given a chance to work.
Very disturbing is this passage in this article
His plan includes all the security measures of the bill that has already passed the House, and adds a provision for guest worker visas would be good for two years. A limited renewal would be available if the worker studied English and passed an English proficiency class. Federal law already has visa categories A through V. �The visas will be referred to as �W Visas,� � Pence say in his remarks. �No kidding. I think it is obvious whose support we are trying to garner here.�
No mention of anything for legals here!
Hope this does not see the light of the day, and dies its own death!
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raamskl
10-04 08:30 PM
Thanks for sharing.
more...
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diptam
09-14 02:20 PM
We are employee of employers - not chained slaves of employers.
They can pay me less , they can scare me of revoking 140 , they can make me sign fictitious bonds for getting future employment letter BUT they can not take away my basic civil rights as a human being. As long as you professionally inform that will be taking day off for personal reasons - they are NOT supposed to ask what is that reason. You can tell the later unofficially that you attending Rally for peacefully supporting a good cause.
Nothing will happen to you
Just follow your heart - Will se you in DC
They can pay me less , they can scare me of revoking 140 , they can make me sign fictitious bonds for getting future employment letter BUT they can not take away my basic civil rights as a human being. As long as you professionally inform that will be taking day off for personal reasons - they are NOT supposed to ask what is that reason. You can tell the later unofficially that you attending Rally for peacefully supporting a good cause.
Nothing will happen to you
Just follow your heart - Will se you in DC
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nixstor
03-05 03:19 PM
I guess that's how much they value the American Dream, so let it be, I'll pay that price, no prob.
Fine by me if they do offer some SLA. That's always been missing. Thats what I exactly pointed out in my comment. If they were to return my money back if they do not meet their SLA, no one will have issues. or just have PP for almost everything and give equal importance to people who either value time or money.
Fine by me if they do offer some SLA. That's always been missing. Thats what I exactly pointed out in my comment. If they were to return my money back if they do not meet their SLA, no one will have issues. or just have PP for almost everything and give equal importance to people who either value time or money.
more...
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atul555
07-30 08:15 PM
It will progress all the way to 2002 Nov - Dec by Oct visa bulletin and keep progressing to 2003 or 2004 beginning by end of fiscal year 2010. The basis of this calculation is part visa number usage analysis, and part hope :) let's see how it pans out.
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glus
03-19 11:47 AM
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.
more...
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leonqiu
03-14 12:06 PM
Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
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imm_pro
08-15 05:33 PM
Couldn't resist opening a new thread and sharing this with fellow IVians.
We got our green cards today. It is actually green (in the back).
Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.
Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.
Hearty Congratulations..and please continue to support IV
We got our green cards today. It is actually green (in the back).
Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.
Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.
Hearty Congratulations..and please continue to support IV
more...
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chanduv23
11-06 07:46 AM
My Mother in law flew with them, and her experience was good.
How old are your folks? Sometimes, this may sound a bit cheesy, but getting wheelchair always helps. What that does is, it guarantees your folks will be at the correct gates, at right times.
I got her a wheelchair, and she had a smooth transition.....
hope that helps...
Thanks for the response, they are 57 and 53 years and healthy, will it make sense to request for a wheelchair? Maybe we can request for one of them :)
How old are your folks? Sometimes, this may sound a bit cheesy, but getting wheelchair always helps. What that does is, it guarantees your folks will be at the correct gates, at right times.
I got her a wheelchair, and she had a smooth transition.....
hope that helps...
Thanks for the response, they are 57 and 53 years and healthy, will it make sense to request for a wheelchair? Maybe we can request for one of them :)
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Jaime
02-02 05:35 PM
No way this amnesty would pass. This will end up in the ash heap of unpassed bills.
Yes but there is a section that says that you have to prove that you are admissible as an immigrant (I would like to think that means that you are not an illegal alien!) read here:
`(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph
But who knows!
Anyway, it's positive that at least there is some "buzz" in the air
I hope that Janet Napolitano and team will want to show quick fixes in order to differentiate themselves from the terrible Bush administration. Fixing legal immigration is relatively low-hanging fruit and way less controversial than Illegal imm. Thoughts? I am full of hope
Yes but there is a section that says that you have to prove that you are admissible as an immigrant (I would like to think that means that you are not an illegal alien!) read here:
`(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph
But who knows!
Anyway, it's positive that at least there is some "buzz" in the air
I hope that Janet Napolitano and team will want to show quick fixes in order to differentiate themselves from the terrible Bush administration. Fixing legal immigration is relatively low-hanging fruit and way less controversial than Illegal imm. Thoughts? I am full of hope
more...
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ChainReaction
07-31 12:23 PM
I have a question, if H4 use EAD for employment and is allowed to keep her H4 status , how come a H1b who still work full time for his sponsor employer looses his H1B status when he finds a part-time job using EAD ?
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gc28262
07-01 05:55 PM
Here is a good link on non-compete clause. From what I heard, these clauses cannot be enforced in most of the cases.
http://en.wikipedia.org/wiki/Non-compete_agreement
I signed one last week knowing that it does not have much validity.
In doubt check with an attorney.
Hi All,
I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.
Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.
Preferred Vendor X > the Client C
Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?
http://en.wikipedia.org/wiki/Non-compete_agreement
I signed one last week knowing that it does not have much validity.
In doubt check with an attorney.
Hi All,
I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.
Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.
Preferred Vendor X > the Client C
Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?
more...
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inskrish
01-27 02:15 PM
For some reasons, USCIS has changed the 'Posted Date' from 01/23 to 01/27. I don't know what changes they have made in the Jan.09 processing dates. Does anyone notice any difference in the dates?
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sss9i
08-05 10:42 PM
I didn't fill G28 form.
Filed by employer(Attorney is employer for Company) Is it o.k. without filling G28 form??
Thanks
Filed by employer(Attorney is employer for Company) Is it o.k. without filling G28 form??
Thanks
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vladdrac
06-09 10:32 PM
that looks **** good VD
rajeshalex
11-27 04:56 PM
U can get the tracking nummber /case number from the lawyer . But you can not get any details from USCIS since 140 is owned by company.
However if the company has received a140 receipt then the receipt will have
the beneficiary name
If u are the beneficiary then u can take an infopass with uscis and get the information from the case number
Rajesh
However if the company has received a140 receipt then the receipt will have
the beneficiary name
If u are the beneficiary then u can take an infopass with uscis and get the information from the case number
Rajesh
pappusheth
05-01 11:40 PM
I'm currently on H1 visa (stamped) which is valid thru August 09. I'm going outside of US and entering back in mid May. When I enter, I'll have 3 months left on my visa. Do you think there could be any problem with just a few month remaining on my visa? Do you know if there is a requirement such as you need to have at least "x" number of months remaining on your visa to enter? I do have H1 extension I-797 approval notice valid from Aug 2009 thru Aug 2012, but not stamped in the passport.
Anyone went thru a similar situation? was there any problem or extra questions asked at the POE?
Thanks.
pappusheth
Anyone went thru a similar situation? was there any problem or extra questions asked at the POE?
Thanks.
pappusheth
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