add78
05-30 09:54 AM
1. If you are still with university and the H1 is valid, you are not out of status.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.
If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status
If you are out of university and company A's H1 is not valid, you are out of stats.
Please check with attorney asap.
What Snathan said above is absolutely 100% correct.
However as someone else said about stamping and getting over the out of status period issues is not correct, if at any point you were out of status (no salary or no valid i-94 (white card or the 797)), it may come back to haunt you during GC process.
Without getting into the risk/debate of whether you were counted for cap when "A" filed for your H1, in order to file with another employer "C", it is advisable to work for "A" if they have a valid H1 filed for you and if you have just left the University employer without any delay and consult with an attorney to remedy the out of status issue for the period since you left the Univ. employer. And as always, if you think you were helped by the senior members here, please consider helping IV by donating to your own cause as soon as you get a project / back on track. Thank You.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.
If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status
If you are out of university and company A's H1 is not valid, you are out of stats.
Please check with attorney asap.
What Snathan said above is absolutely 100% correct.
However as someone else said about stamping and getting over the out of status period issues is not correct, if at any point you were out of status (no salary or no valid i-94 (white card or the 797)), it may come back to haunt you during GC process.
Without getting into the risk/debate of whether you were counted for cap when "A" filed for your H1, in order to file with another employer "C", it is advisable to work for "A" if they have a valid H1 filed for you and if you have just left the University employer without any delay and consult with an attorney to remedy the out of status issue for the period since you left the Univ. employer. And as always, if you think you were helped by the senior members here, please consider helping IV by donating to your own cause as soon as you get a project / back on track. Thank You.
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indio0617
07-11 02:22 PM
/\/\/\/\/\
harsh
11-10 04:15 PM
Hi I am from Huntsville... This is a good place to get together. It will really help when we meet lawmakers if we can show that there is more than 1 person who is affetced by the retrogression. So if there are anymore alabama residents sign up.
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pitha
05-29 10:50 PM
ramus, really appreciate your dedication in taking ownership of geeting people to send webfax. For the record sent the webfax, got my wife to send the web fax as well. Since people are so lazy if you ask somebody to send webfax, also include the url alteast that way they might click on the url and send the web fax. the url for the web fax is
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
People for your own sake please follow all action alerts, web fax, calling senators emails etc. This is now or never
HI.. Could you please send web-fax.. We want to reach 3000 number tonight..
If core team is doing so much, can we do this for ourself and show them our support.
Thank you so much.
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
People for your own sake please follow all action alerts, web fax, calling senators emails etc. This is now or never
HI.. Could you please send web-fax.. We want to reach 3000 number tonight..
If core team is doing so much, can we do this for ourself and show them our support.
Thank you so much.
more...
grupak
12-10 09:47 AM
there is a way to contribute less than $100
Use paypal and send any amount you like to
donations at immigrationvoice dot org
Thanks you ssingh92. Let your friends know about the option for using paypal for less than $100
Please post contributions on the main fund drive page, and motive others.
Use paypal and send any amount you like to
donations at immigrationvoice dot org
Thanks you ssingh92. Let your friends know about the option for using paypal for less than $100
Please post contributions on the main fund drive page, and motive others.
smartboy75
12-04 06:41 PM
Hi Folks
As we go through the motions from one visa bulletin to another, I wanted to start a discussion regarding maitaining PR. I have been pondering about this for quiet some days and also reseached a bit and am still unable to get correct information.
Following are the guidelines for maintaining Permanent residency on the USCIS website:
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a �nonimmigrant� on your tax returns.
Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
Although the USCIS website clearly states in points 2 and 3 the residency requirement, I am still not clear what the rules says. For eg: After getting my GC is there any specific number of days I need to stay in the US mandatorily ?? Is it 1 week, 3 months, 6 months ?? What if I visit the US only for a month or two and then remain out ..would that result in revoking of my GC.....???
The more I think, the more I am convinced that your GC is really precious if you want to be a US citizen.....if not then there is always a risk of loosing it ..even accidentally ?? If yes, then is it worth the trouble and hassel ??
Can anyone throw more light on what the law says....can anyone guide as to what must be done if you want to maintain ur PR but at the same time not live here continuously ??
PS: Please no educated guesses ...
Appreciate your help.
As we go through the motions from one visa bulletin to another, I wanted to start a discussion regarding maitaining PR. I have been pondering about this for quiet some days and also reseached a bit and am still unable to get correct information.
Following are the guidelines for maintaining Permanent residency on the USCIS website:
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a �nonimmigrant� on your tax returns.
Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
Although the USCIS website clearly states in points 2 and 3 the residency requirement, I am still not clear what the rules says. For eg: After getting my GC is there any specific number of days I need to stay in the US mandatorily ?? Is it 1 week, 3 months, 6 months ?? What if I visit the US only for a month or two and then remain out ..would that result in revoking of my GC.....???
The more I think, the more I am convinced that your GC is really precious if you want to be a US citizen.....if not then there is always a risk of loosing it ..even accidentally ?? If yes, then is it worth the trouble and hassel ??
Can anyone throw more light on what the law says....can anyone guide as to what must be done if you want to maintain ur PR but at the same time not live here continuously ??
PS: Please no educated guesses ...
Appreciate your help.
more...
unit
09-16 03:57 PM
I am also in a similar situation, and have the same question.
Any one with answers?
Any one with answers?
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ramaonline
11-21 02:56 PM
Could you be a little specific?
Was your h1 approved or did you get RFE (Request for evidence). Did your attorney receive the approved petition? Are you currently in the US or outside US?
Was your h1 approved or did you get RFE (Request for evidence). Did your attorney receive the approved petition? Are you currently in the US or outside US?
more...
anilsal
10-30 04:31 PM
I was reading the USA Today articles and I have a suggestion...guys please try to do spell check before you submit to such forums. It looks bad on us especially when we call ourselves skilled immigrants.
One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....
That even applies to discussion on IV. If law makers have a look at the IV forums (after they have been appraised of the existence of IV) and see lots of posts that lack basic grammatical skills and in urgent need of spell checks, then you know, what goes on in their mind(s).
Simple spelling mistakes are fine, but if a post needs spell checks a lot, either the person who posted does not care or needs a good spellchecker.
Good that you brought this issue up. Are we not talking of Skilled Immigration? If yes, then let us all do some homework (run a spell checker, to make sure things are going to appear nice for readers).
Sorry if I appear rude. We are in this fight together and we need to come out successful :)
One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....
That even applies to discussion on IV. If law makers have a look at the IV forums (after they have been appraised of the existence of IV) and see lots of posts that lack basic grammatical skills and in urgent need of spell checks, then you know, what goes on in their mind(s).
Simple spelling mistakes are fine, but if a post needs spell checks a lot, either the person who posted does not care or needs a good spellchecker.
Good that you brought this issue up. Are we not talking of Skilled Immigration? If yes, then let us all do some homework (run a spell checker, to make sure things are going to appear nice for readers).
Sorry if I appear rude. We are in this fight together and we need to come out successful :)
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getrdone
01-16 05:19 PM
One more thing before you draft a letter take a look at the job description/qualification/experience required which is filed along with the
labor certificate.
if possible get those "experience required " in the experience letter from
prvious employer to show that you had those experiences before you joined.
Cheers !
I received a RFE on experience letters (EB3). I have searched everywhere but haven't found the format for a winning experience letter.
Can someone with an approved 140 please paste a format of the experience letter on this thread?
Thanks!
labor certificate.
if possible get those "experience required " in the experience letter from
prvious employer to show that you had those experiences before you joined.
Cheers !
I received a RFE on experience letters (EB3). I have searched everywhere but haven't found the format for a winning experience letter.
Can someone with an approved 140 please paste a format of the experience letter on this thread?
Thanks!
more...
GoneSouth
04-17 06:42 PM
This is effectively a non-compete clause. Enforcement of non-compete clauses varies by state, but most states include "broadness" as a criteria in deciding if a particular non-compete clause is enforceable or not. (e.g., read this article about ohio (http://tinyurl.com/2oysd8) or this article about colorado (http://tinyurl.com/2q6hcd) ... your state may vary) The restriction of "can't work for any IT business anywhere in the US" is indeed extremely broad.
Based on my google law degree ;) , I'd say this particular clause is not enforceable. If it were me, I'd sign the contract with a smile, get the three year extension, then find a new employer. Your old employer may sue you, but it's unlikely they'd win.
This is just a guess though. Check with a lawyer.
- GS
Based on my google law degree ;) , I'd say this particular clause is not enforceable. If it were me, I'd sign the contract with a smile, get the three year extension, then find a new employer. Your old employer may sue you, but it's unlikely they'd win.
This is just a guess though. Check with a lawyer.
- GS
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hpandey
12-26 01:31 PM
Both are wrong answers .. no one is an alien .. we are all human beings :D
Just kidding ..
But on a serious note I think we fall under non-resident alien.
Just kidding ..
But on a serious note I think we fall under non-resident alien.
more...
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needGCcool
09-04 10:10 AM
Yup, you have to wait. Do not send them anything without getting the RFE? This is what I was advised by the doctor we visited to get all the medicals done.
I have a question for you guys. My wife was pregnant when she took her medicals. So skin test was not performed on her. Do i need to wait for the RFE or is it possible to update USCIS with another I-693 with the TB test?
I have a question for you guys. My wife was pregnant when she took her medicals. So skin test was not performed on her. Do i need to wait for the RFE or is it possible to update USCIS with another I-693 with the TB test?
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Sideliner
07-17 07:33 AM
Hello freinds :
I would appreciate if anyone can guide me through the situation I am in..
I am sorry, this is happening to you. I am more or less in the same condition. Can you try talking to some one like VP / CEO / President of your company regarding this? Also, I am not sure how far this is true, but I saw a post in this site saying that if you have paystubs you could file 485 yourself without employment letter.
Good luck.
I would appreciate if anyone can guide me through the situation I am in..
I am sorry, this is happening to you. I am more or less in the same condition. Can you try talking to some one like VP / CEO / President of your company regarding this? Also, I am not sure how far this is true, but I saw a post in this site saying that if you have paystubs you could file 485 yourself without employment letter.
Good luck.
more...
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adobe howm
07-23 12:10 PM
ya , in ur words agents
as many have replied to you, again I underline this -in the first place you wouldn't have applied two h-1b's - ended some*one*s dream of coming here & work like you.
don't take me wrong. this is your *homework* dude...something you have to do from your part - I would do some little research, check with dudes who are working on either firms, look back their little history. it is important for you just do that. or this is not the place to discuss who is best employer and best place to live. there are numerous forums do exists - you can google it.
All the best.
as many have replied to you, again I underline this -in the first place you wouldn't have applied two h-1b's - ended some*one*s dream of coming here & work like you.
don't take me wrong. this is your *homework* dude...something you have to do from your part - I would do some little research, check with dudes who are working on either firms, look back their little history. it is important for you just do that. or this is not the place to discuss who is best employer and best place to live. there are numerous forums do exists - you can google it.
All the best.
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anandrajesh
02-06 10:35 PM
How (when) do you decide that you will take EAD or stay on H1B? Can you change your mind or it is a one time decision?
Do you have to mantain status (pay checks) on EAD? I understand you need to mantain status on H1B?
Sorry I am a moron.
It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.
No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.
Do you have to mantain status (pay checks) on EAD? I understand you need to mantain status on H1B?
Sorry I am a moron.
It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.
No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.
more...
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rp1975
01-14 05:36 PM
You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.
While the new company files for PERM EB2 LC & then 140, does the old company which applied for EB3 LC have any power to disrupt the processing in other words, can they withdraw the LC/140 so that the PD cannot be reused??
While the new company files for PERM EB2 LC & then 140, does the old company which applied for EB3 LC have any power to disrupt the processing in other words, can they withdraw the LC/140 so that the PD cannot be reused??
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deba
06-14 07:52 PM
What do you mean by AP and EAD delayed? Once you have applied for your 485 and all things considered OK, you should get your AP and EAD. If dates retrogress again, you will have to keep renewing your AP and EAD till you get your GC. How long it will take to get AP and EAD? Right now, I believe it will take a lot longer, maybe upto 6 months given the load of apps. they will receive.
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mdipi
10-20 09:44 PM
not bad at all, but the text sucks
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harsh
11-20 04:03 PM
Alabaman, techy2468 and other bama residents, as suggested by admin, I think it is a good idea to exchange each others contact info. I am willing to keep a list of all members from alabama so that in the event we need to contact members, it will be easier. I will send you guys a PM with my contact info. So please forward your contact info to me.
Thanks
Thanks
ruby
08-17 06:11 PM
In July as all the PD were current layers said that if they try to port the PD from EB ( which was Sep 2003) to EB2 ( with PD Oct 2004) USCIS will reject the case with reasoning that every thing is current so there is no need for PD porting.
Now as EB-3 become �unavailable with Sep Visa news, it seems I can not port that PD to EB2. as memo says EB2 PD should be current , which is not ( EB2 PD is Oct 2004) :confused:
Now as EB-3 become �unavailable with Sep Visa news, it seems I can not port that PD to EB2. as memo says EB2 PD should be current , which is not ( EB2 PD is Oct 2004) :confused:
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