unitednations
03-08 04:18 PM
I came on extension. I think they are more critical about the companies with whom you are working for. All my friends with extended their visa with no problems. I it is very hard to conclude on this. But scares every one if we keep saying they can not extend their visa.
Be prepared with good documentation and you should be fine.
I don't work with L-1 companies.
I know of this because many of them have h-1b's and want to know how to switch.
Be prepared with good documentation and you should be fine.
I don't work with L-1 companies.
I know of this because many of them have h-1b's and want to know how to switch.
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apahilaj
05-07 09:38 PM
They almost always take some kind of FPs. What I mean is that there are 3 biometrics codes. Code 3 is the most comprehensive, where they take your photo, signature and all ten fingers FP. Check your notice in the upper right corner, there should be a box that says "Code".
I always used to think (and still think) why they would issue different FP codes to different applicants even though they are all applying for same 485 petition?
Do different codes have different relevance?
I always used to think (and still think) why they would issue different FP codes to different applicants even though they are all applying for same 485 petition?
Do different codes have different relevance?
dvb123
05-01 01:00 PM
Dependends will come under
FAMILY-SPONSORED PREFERENCES
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.
Primary -> Gets visa number from EB 1,2 or 3
Dependents -> Gets visa number from FB2
Wife and children need not wait because FB2 is not that retrogressed.
FAMILY-SPONSORED PREFERENCES
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.
Primary -> Gets visa number from EB 1,2 or 3
Dependents -> Gets visa number from FB2
Wife and children need not wait because FB2 is not that retrogressed.
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arsh007
12-16 01:35 PM
also focus on the positives ..for eg I am happy that because of these delays I didnt run and buy a house in usa (which is one of the worst investments that a person can make).
Just like to correct you here my friend - Its incorrect to suggest that a house is a bad investment in the US. On the other hand, why treat it as an investment like so many foolish real estate speculators out there. Think of it as a place to live and be part of the American Dream. If not for this dream, many of us would have packed up and gone home back to our own countries.
Just like to correct you here my friend - Its incorrect to suggest that a house is a bad investment in the US. On the other hand, why treat it as an investment like so many foolish real estate speculators out there. Think of it as a place to live and be part of the American Dream. If not for this dream, many of us would have packed up and gone home back to our own countries.
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Leo07
11-17 03:23 PM
and BUMP...
Thanks for the initiative
Done!!!
Thanks for the initiative
Done!!!
learning01
06-05 03:35 PM
Is Lin for Lincoln, NB or something like that? Is one I-140 and the other I-485?
Did some investigation into the LIN/WAC number series that was issued starting from June 1...here are the details.
WAC071795xxxx - June 1
WAC071805xxxx - June 2
WAC071815xxxx - June 4
......
LIN071735xxxx - June 1
LIN071745xxxx - June 4
......
Did some investigation into the LIN/WAC number series that was issued starting from June 1...here are the details.
WAC071795xxxx - June 1
WAC071805xxxx - June 2
WAC071815xxxx - June 4
......
LIN071735xxxx - June 1
LIN071745xxxx - June 4
......
more...
conchshell
07-11 11:17 AM
With a successful flower campaign to USCIS, we must draw our conclusions from this success, and use the outcome to make the San Jose rally a success.
Please note that legal immigrants is a small handful set of people. Just a usual rally/demonstration will not make a dramatic impact. We have learned from the flower campaign that if we use innovative-peaceful ways of demonstrations, and manage Public Relations and Media well, we can be successful once again.
Please think and try to come up with some ideas. I have come up with these four ideas:
1. Project Martin Luther King Jr. as our hero in these rallies: Please understand that local Amrican people better understand about Martin Luther King Jr. andhis idealogy then M.K. Gandhi. My suggestion is that we should include large picture posters of Martin Luther King Jr. with a slogan "We legals too have a dream". We should also take Gandhi's posters. There is a possibility that all Black American organization may lend their support to us.
2. An act that attracts media attention: Please remember the scene from Gandhi movie when protesters led by Gandhi peacefully burned their resident permits in South Africa. To do something similar and show our symbolic protest against USCIS, we can publically burn a Photocopy of our H1B approvals (I-797). Please note that we are not asking people to burn the original I-797 approval but a photocopy of the document. This will send a message that taking the great pain in obtaining these legal documents are not helping us getting a better treatment by USCIS. This act will perfectly portrey the pain of legal immigrants and once again will attract media and newsprint to keeps us in headlines. This should be part of our demonstrations.
3. Waive American Flags: Please understand that recent media reports that only Indians are responsible for the flower campaign may hurt the campaign in the longer term. Please waive small American flags and show our solidarity with local Americans.
4. Distrubute a flower with a pamphlet to the people passing by at the demonstration site. A well worded paper will be required that can project our problems to the people.
Please share if you come up with innovative ideas to make these rallies a huge success.
Please note that legal immigrants is a small handful set of people. Just a usual rally/demonstration will not make a dramatic impact. We have learned from the flower campaign that if we use innovative-peaceful ways of demonstrations, and manage Public Relations and Media well, we can be successful once again.
Please think and try to come up with some ideas. I have come up with these four ideas:
1. Project Martin Luther King Jr. as our hero in these rallies: Please understand that local Amrican people better understand about Martin Luther King Jr. andhis idealogy then M.K. Gandhi. My suggestion is that we should include large picture posters of Martin Luther King Jr. with a slogan "We legals too have a dream". We should also take Gandhi's posters. There is a possibility that all Black American organization may lend their support to us.
2. An act that attracts media attention: Please remember the scene from Gandhi movie when protesters led by Gandhi peacefully burned their resident permits in South Africa. To do something similar and show our symbolic protest against USCIS, we can publically burn a Photocopy of our H1B approvals (I-797). Please note that we are not asking people to burn the original I-797 approval but a photocopy of the document. This will send a message that taking the great pain in obtaining these legal documents are not helping us getting a better treatment by USCIS. This act will perfectly portrey the pain of legal immigrants and once again will attract media and newsprint to keeps us in headlines. This should be part of our demonstrations.
3. Waive American Flags: Please understand that recent media reports that only Indians are responsible for the flower campaign may hurt the campaign in the longer term. Please waive small American flags and show our solidarity with local Americans.
4. Distrubute a flower with a pamphlet to the people passing by at the demonstration site. A well worded paper will be required that can project our problems to the people.
Please share if you come up with innovative ideas to make these rallies a huge success.
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desi3933
06-28 11:37 AM
However if someone takes the company to court based on "Immigration Reform and Control Act of 1986" vs hiring an H1B, how can the company legally defend itself against this law ?
on what basis?
You need to show legal ground to file the case. First, read I-9 form.
From legal point of view, Employer has no legal obligation to file H-1B for any job applicant. Infact, employer can chose not to file H-1B extension for current employee.
Why don't put your question in attorney forum?
.
on what basis?
You need to show legal ground to file the case. First, read I-9 form.
From legal point of view, Employer has no legal obligation to file H-1B for any job applicant. Infact, employer can chose not to file H-1B extension for current employee.
Why don't put your question in attorney forum?
.
more...
mchundi
05-04 10:46 AM
So USCIS should make sure they clear for 2 jobs before they issue one H1 :)
This thread is specifically discussing the Cornyn bill. I will not put down a lot of irrelevent stuff, but let me say this and end.
The tone of ur earlier posting may have hurt some people.
Some of the reforms that happened and some the IV is pursuing will probably help most H4's a long way.
Earlier (even now for those stuck in PBEC) the labor used to take 2-3 years. With PERM most of the labors r taking 4-6 months. I140 also seems to be very fast.
Now if every body is able to adjust their status upon labor approval, that is less than a year's wait time for H4. Not a bad deal.
--MC
This thread is specifically discussing the Cornyn bill. I will not put down a lot of irrelevent stuff, but let me say this and end.
The tone of ur earlier posting may have hurt some people.
Some of the reforms that happened and some the IV is pursuing will probably help most H4's a long way.
Earlier (even now for those stuck in PBEC) the labor used to take 2-3 years. With PERM most of the labors r taking 4-6 months. I140 also seems to be very fast.
Now if every body is able to adjust their status upon labor approval, that is less than a year's wait time for H4. Not a bad deal.
--MC
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a_yaja
06-26 03:49 PM
But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).
Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.
No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).
Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.
more...
sathishav
02-14 02:03 PM
Contributed $50. Will contribute more Apr.
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(Unique Transaction ID #7VF446858B266490E)
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h1b_slave
06-18 02:39 PM
My lawyer sent I-485 docs to Vermont Service Center, which they received on 5th June but No Receipt or No Checks cashed yet.
Has anybody who sent to Vermont received any update ?
Anybody in same boat ?
Thanks
Has anybody who sent to Vermont received any update ?
Anybody in same boat ?
Thanks
more...
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chi_shark
07-10 02:44 PM
i think it is very clear empirically that h1b is for a temp job and is a non-immigrant visa. it allows the employer to hire for a full time job too... whenever that intention is expressed, it should be expressed to DOL and USCIS in terms of PERM and I-140... thats that... once the h1 visa beneficiary is a beneficiary to I-140, then that person can apply for COS and avail AC21... so, i think it is clear that by itself h1 is temp. AC21 simply allows for h1 holder to extend H1 in case labor is clear and 140 is applied (labor expires in 6 months). further: ac21 allows job change after 485 app.
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
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apahilaj
08-18 10:52 AM
Please reply, We would like to know if anybody got receipt notice (or cheques encashed) and satisfy following criteria:
1) I-140 approved at TSC
2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
3) I-485 mailed to NSC during last week of June or early July ?
Thanks
Same exact case. LUD on 140 - 7/28
No receipts yet.
1) I-140 approved at TSC
2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
3) I-485 mailed to NSC during last week of June or early July ?
Thanks
Same exact case. LUD on 140 - 7/28
No receipts yet.
more...
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alterego
03-07 03:54 PM
I don't think people are in reality. We are in an environment that we have to be diligent that they don't make it harder then what it is; rather then making it easier.
People started playing the devils advocate that if there is quotas on EB then there should also be quota on H-1b; sort of trying to say if there isn't quota on h-1b then there shouldn't be on EB.
A little while ago; some Indian nationals who were here on H-2 visa to help with re-construcing mississipi and louisiana after hurrican katrina got the bright idea to do a march and go public with their grievances. Their grievances were that they paid $15K to come to USA; they were given poor housing, poor working conditions and they want to get greencards.
Do you think they got greencards? No; now the law has been changed to not include India as part of H-2 visas.
Everyone should try to understand the reality that we are in.
I agree that legislators are very aware of the difference between the H1b issue and the green card issue. Yesterday on CNBC, Larry Kudlow interviewed Sen. Grassley from Iowa on this topic. When Larry was asking about these workers contributing to society, buying homes, starting companies etc, Sen. Grassley told him he was mixing up two separate issues. Basically he only wanted to talk about the H1b issue.
The sad truth is these guys(like Sen. Grassley) are anti immigrant period(they give you all the blabber about I am 3 generations separated from immigrants etc. but that is quite simply them satisfying their conscience/the public conscience on this issue, I always wish the interviewer is an American indeginous Indian), and instead of saying so openly, they combine the issues when convenient and separate them out when not so. I agree with you that it is not because they are not aware. Right now their focus is on stomping out fraud, he mentioned cases of people coming on H1b and running laundromats, or working in different locations to what they are certified(ouch). The new quota that opens up on Apr. 1 will indeed be a watershed. I am expecting really restrictive and nasty legislation in time to greet this. I truly hope for very few applications, so the Hon. Sen. understands that this is a demand driven issue for the most part and fraud where it exists can be addressed but not with blanket legislation which effects can be unintended.
Nonetheless this issue of Country caps has become so draconian that if indeed the US changes its policy and institutes country caps on H1bs as your posting suggests they might in the end, then we will have things go in a certain direction.......protectionist, and there will doubtless be backlash. As it stands the current insensible policy is such that people come on H1b, settle into a job, have their US citizen kids, accumulate enough social security credits, savings etc and then facing an inordinate wait, perhaps even have to leave, what do you think the result is going to be? Well, the return to India where US employers given their US experience/education are more comfortable hiring them hence more outsourcing, then their US citizen Kids return for Gov't aid/loans to college, then they sponsor their parents to come in and receive social security and medicare etc. while their working contributions and taxes would have accrued to another country. Really? Does that sound like good policy?
If the US chooses to Cap Indian H1bs fine, let it be, however continuing such policy only leads to and effectual ban on EB green cards for Indians.
People started playing the devils advocate that if there is quotas on EB then there should also be quota on H-1b; sort of trying to say if there isn't quota on h-1b then there shouldn't be on EB.
A little while ago; some Indian nationals who were here on H-2 visa to help with re-construcing mississipi and louisiana after hurrican katrina got the bright idea to do a march and go public with their grievances. Their grievances were that they paid $15K to come to USA; they were given poor housing, poor working conditions and they want to get greencards.
Do you think they got greencards? No; now the law has been changed to not include India as part of H-2 visas.
Everyone should try to understand the reality that we are in.
I agree that legislators are very aware of the difference between the H1b issue and the green card issue. Yesterday on CNBC, Larry Kudlow interviewed Sen. Grassley from Iowa on this topic. When Larry was asking about these workers contributing to society, buying homes, starting companies etc, Sen. Grassley told him he was mixing up two separate issues. Basically he only wanted to talk about the H1b issue.
The sad truth is these guys(like Sen. Grassley) are anti immigrant period(they give you all the blabber about I am 3 generations separated from immigrants etc. but that is quite simply them satisfying their conscience/the public conscience on this issue, I always wish the interviewer is an American indeginous Indian), and instead of saying so openly, they combine the issues when convenient and separate them out when not so. I agree with you that it is not because they are not aware. Right now their focus is on stomping out fraud, he mentioned cases of people coming on H1b and running laundromats, or working in different locations to what they are certified(ouch). The new quota that opens up on Apr. 1 will indeed be a watershed. I am expecting really restrictive and nasty legislation in time to greet this. I truly hope for very few applications, so the Hon. Sen. understands that this is a demand driven issue for the most part and fraud where it exists can be addressed but not with blanket legislation which effects can be unintended.
Nonetheless this issue of Country caps has become so draconian that if indeed the US changes its policy and institutes country caps on H1bs as your posting suggests they might in the end, then we will have things go in a certain direction.......protectionist, and there will doubtless be backlash. As it stands the current insensible policy is such that people come on H1b, settle into a job, have their US citizen kids, accumulate enough social security credits, savings etc and then facing an inordinate wait, perhaps even have to leave, what do you think the result is going to be? Well, the return to India where US employers given their US experience/education are more comfortable hiring them hence more outsourcing, then their US citizen Kids return for Gov't aid/loans to college, then they sponsor their parents to come in and receive social security and medicare etc. while their working contributions and taxes would have accrued to another country. Really? Does that sound like good policy?
If the US chooses to Cap Indian H1bs fine, let it be, however continuing such policy only leads to and effectual ban on EB green cards for Indians.
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sbabunle
05-03 05:12 PM
Does SKILL or any other upcoming Bill would annul AC-21 rules? ( if enacted into law)
thanks
babu.
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babu.
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anilsal
12-16 09:29 AM
it will be the most fulfilling. If life came to you on a platter, it would not be as enjoyable.
With pain comes learning and experience.
For those folks to whom GC and citizenship comes with low hardship, life will get them in some other way. This is the truth of nature.
With pain comes learning and experience.
For those folks to whom GC and citizenship comes with low hardship, life will get them in some other way. This is the truth of nature.
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eb3retro
09-23 02:24 PM
link for the article..
Visa Bulletin Predictions and Updates from Charles Oppenheim (http://www.cilawgroup.com/news/2010/09/23/visa-bulletin-predictions-and-updates-from-charles-oppenheim/)
Visa Bulletin Predictions and Updates from Charles Oppenheim (http://www.cilawgroup.com/news/2010/09/23/visa-bulletin-predictions-and-updates-from-charles-oppenheim/)
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sayonara
08-24 03:24 PM
being anguished about the situation of not getting receipts and even worse - not being able to track or check status...I emailed the attorney and asked if he could check for encashed checks or if their firm is getting july 2nd receipts...
His response :
"We have just started getting receipts for some of the June applications we sent. I am surprised that July filers are already getting their receipts and somehow find it hard to beleive thats the case. Anyhow we have no updates on ur case."
:mad::mad::mad:
His response :
"We have just started getting receipts for some of the June applications we sent. I am surprised that July filers are already getting their receipts and somehow find it hard to beleive thats the case. Anyhow we have no updates on ur case."
:mad::mad::mad:
pamposh
08-18 01:37 PM
I dont *****ing care if they are under pressure... they still have to follow the guideliens.... just an analogy... just because ur under pressure to reach work on time... doesnt give you the liberty to speed... u still have to follow the speed limits... whatever.... i am just damn frustrated with this whole mess
Completely agree with you. What the heck is this... why not just assign the visa numbers to application as per their PD and then see if the case can be instantly approved or needs more investigation.
Completely agree with you. What the heck is this... why not just assign the visa numbers to application as per their PD and then see if the case can be instantly approved or needs more investigation.
desi3933
07-12 06:43 PM
.....
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
USCIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards.
http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20(L-1A%20and%20L-1B)/Decisions_Issued_in_2008/Nov032008_17D7101.pdf (http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20%28L-1A%20and%20L-1B%29/Decisions_Issued_in_2008/Nov032008_17D7101.pdf)
CIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards. Agency interpretations that are not arrived at through precedent decision or notice and comment rule making such as those in opinion letters, policy statements, agency manuals, and lack the force of law
.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
USCIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards.
http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20(L-1A%20and%20L-1B)/Decisions_Issued_in_2008/Nov032008_17D7101.pdf (http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20%28L-1A%20and%20L-1B%29/Decisions_Issued_in_2008/Nov032008_17D7101.pdf)
CIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards. Agency interpretations that are not arrived at through precedent decision or notice and comment rule making such as those in opinion letters, policy statements, agency manuals, and lack the force of law
.
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