nuke
10-23 02:41 PM
FYI Lame duck session is going to start on Nov 9th.
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desi3933
01-30 01:57 PM
Let me add my 2 cents here -
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
krishnam70
07-03 10:51 AM
Are you guys serious. and if so. I am IN.
For those who will 'JUST MOVE ON'......... Please don't and you should not just forget this.
Just be yourself and express it out
so is the plan to send flowers collectively, on the same day?
Is there a way we can help the citizens / GC / Locals and they can too, in - return, send flowers and the note on our behalf?
lago raho...
Please start acting instead of writing more and more, keep sending.. we need to strike when the news is hot already Libby's news is making waves and this will just drown..
For those who will 'JUST MOVE ON'......... Please don't and you should not just forget this.
Just be yourself and express it out
so is the plan to send flowers collectively, on the same day?
Is there a way we can help the citizens / GC / Locals and they can too, in - return, send flowers and the note on our behalf?
lago raho...
Please start acting instead of writing more and more, keep sending.. we need to strike when the news is hot already Libby's news is making waves and this will just drown..
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desi3933
06-29 11:41 AM
.....
Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.
There are laws in place, already, for discrimination against applicant having proper work authorization.
If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.
Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.
There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.
_________________
Not a legal advice.
Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.
There are laws in place, already, for discrimination against applicant having proper work authorization.
If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.
Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.
There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.
_________________
Not a legal advice.
more...
newu77
08-17 04:52 PM
Has anyone, who filed on July 2nd at NSC, I-140 approved from TSC and have an updated LUD on I-140, got their receipts yet?
I am still waiting...NO checks cashed yet...
I am still waiting...NO checks cashed yet...
sukhyani
12-15 10:37 AM
Guys check out this article on Washington Post's website:
http://www.washingtonpost.com/wp-dyn/content/article/2006/12/14/AR2006121401362.html
A whole lot of anti-immigrant folks are posting their comments. All the eloquent members of IV, please mount a counter attack!
http://www.washingtonpost.com/wp-dyn/content/article/2006/12/14/AR2006121401362.html
A whole lot of anti-immigrant folks are posting their comments. All the eloquent members of IV, please mount a counter attack!
more...
panky72
08-22 03:50 PM
filed July 12th @ NSC
no receipts
no receipts
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GC4US
08-29 11:51 AM
hi GC4US
Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?
Please help me!
Don't worry it will be forwarded to the Texas automatically. Please read the FAQ 1, 2, and 3 issued by USCIS regarding the July visa bulletin.
Your help would be highly appreciated![/QUOTE]
Thank you so much nagsen0,
Could you please give that link with the FAQ 1, 2, 3?
I feel a little bit better now.
I would like to see that source.
Thank you again
Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?
Please help me!
Don't worry it will be forwarded to the Texas automatically. Please read the FAQ 1, 2, and 3 issued by USCIS regarding the July visa bulletin.
Your help would be highly appreciated![/QUOTE]
Thank you so much nagsen0,
Could you please give that link with the FAQ 1, 2, 3?
I feel a little bit better now.
I would like to see that source.
Thank you again
more...
santhi_krishna
08-13 11:10 PM
Did you get this notice or did your lawyer? Do you have an I-140 LUD update?
My lawyer got the notice and they scanned and sent it to me. My I140 is pending since Jan 2007 and there is no LUD update.
My lawyer got the notice and they scanned and sent it to me. My I140 is pending since Jan 2007 and there is no LUD update.
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willgetgc2005
10-18 12:12 AM
PAPPU,
I think we all understand we are in this together. No doubt.
A single post from CORE IV can make a huge difference to herd the cattle (including myself) here. For Instance, AILA letter asking for H1B and EB relief today.
I had posted a modified version of their letter in our forum in which I had deleted asking for raise in H1 and retained only EB part. IF IV core thinks
this is a good (or a bad ) idea and suggests what to do, our members will be energized.
For my part, I have added my personal story, added the EB relief part of AILA letter and emailed two senators and one congressman in my state.
Also, the same letters signed are ready in an envelope to be snail mailed.
So, IV core, from time to time, when there is a campaign by AILA and other organizations which could help us, please suggest how you would like us to proceed.I am not trying to create more work for you, but as a member, I think it would benefit all of us.
Thanks.
__________________________________________________ ___
IV is making efforts to prepare for the coming coming months. It involves but not limited to funding drive to sustain and grow efforts, membership drive to grow in size and have impact of numbers, generating awareness and building support via media articles. Speculating will not help much. Pls. do participate in these drives in order to build momentum for the coming months and we will all have better chances for any legislative change. We are all in this together and we all need to work hard to enable a change
I think we all understand we are in this together. No doubt.
A single post from CORE IV can make a huge difference to herd the cattle (including myself) here. For Instance, AILA letter asking for H1B and EB relief today.
I had posted a modified version of their letter in our forum in which I had deleted asking for raise in H1 and retained only EB part. IF IV core thinks
this is a good (or a bad ) idea and suggests what to do, our members will be energized.
For my part, I have added my personal story, added the EB relief part of AILA letter and emailed two senators and one congressman in my state.
Also, the same letters signed are ready in an envelope to be snail mailed.
So, IV core, from time to time, when there is a campaign by AILA and other organizations which could help us, please suggest how you would like us to proceed.I am not trying to create more work for you, but as a member, I think it would benefit all of us.
Thanks.
__________________________________________________ ___
IV is making efforts to prepare for the coming coming months. It involves but not limited to funding drive to sustain and grow efforts, membership drive to grow in size and have impact of numbers, generating awareness and building support via media articles. Speculating will not help much. Pls. do participate in these drives in order to build momentum for the coming months and we will all have better chances for any legislative change. We are all in this together and we all need to work hard to enable a change
more...
anzerraja
07-20 09:01 AM
Here is the updated spreadsheet
http://spreadsheets.google.com/ccc?key=p96kObnZMpVWFczU3Fn9GTQ&hl=en
Google spreadsheet gurus, can anyone let me know how to make it editable by everyone accessing the thread, so that it can be updated by them directly.
If that is not doable anybody willing to pitch in some help to keep updating this from time to time as the thread grows ?
http://spreadsheets.google.com/ccc?key=p96kObnZMpVWFczU3Fn9GTQ&hl=en
Google spreadsheet gurus, can anyone let me know how to make it editable by everyone accessing the thread, so that it can be updated by them directly.
If that is not doable anybody willing to pitch in some help to keep updating this from time to time as the thread grows ?
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JazzByTheBay
09-28 04:36 PM
Given the number of questions and concerns IV members have about AC21 in general and "what after EAD/AP", it makes sense to coordinate with USCIS (and lawmakers if required) on this and get some favorable responses that allay everyone's concerns.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
more...
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BharatPremi
03-27 03:27 PM
Unless congress change law you are dreaming.. :D:D:D:D
If my dreams can bring smile to somebody in our furstrated community even for a moment, it is worth to dream..:). kidding aside, I strongly believe this pattern nearly followed by USCIS.. with yes ofcourse a margin.. Yeah, I can't predict that margin..:)
If my dreams can bring smile to somebody in our furstrated community even for a moment, it is worth to dream..:). kidding aside, I strongly believe this pattern nearly followed by USCIS.. with yes ofcourse a margin.. Yeah, I can't predict that margin..:)
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prem_goel
11-17 09:50 PM
done
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immigrationmatters30
07-22 08:17 AM
Even If this happens, it will not help EB3I because then the spill over will be shared by all countries in EB3. Then there will not be any option left both for EB2 and EB3. Now atleast there is an option for some EB3 folks to move to EB2.
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tonyHK12
02-24 04:40 PM
thanks oliTwist, skc526, corba, waitforusagc. We are @ 18.35 %.
Total Contributions...........$9,175.00
Amount to be raised........$40,825.00
.
.
Total Contributions...........$9,175.00
Amount to be raised........$40,825.00
.
.
more...
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dtekkedil
07-03 10:35 AM
This is a superb idea. I am game for it. Someone in the DC Area will also need to coordiante press releases to media so there is coverage for this.
Good idea! Anyone living in or near DC willing to take up this job?
Can one of our core members let us know if we can start a separate account for this campaign?
This has to be well planned... all the flowers should reach Emilio's office on the same day!
The media would love to cover this since this is so "out of the way!"
Let us get this moving... the longer we wait the less the effect of this will be! The time to act is NOW!
Good idea! Anyone living in or near DC willing to take up this job?
Can one of our core members let us know if we can start a separate account for this campaign?
This has to be well planned... all the flowers should reach Emilio's office on the same day!
The media would love to cover this since this is so "out of the way!"
Let us get this moving... the longer we wait the less the effect of this will be! The time to act is NOW!
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paskal
07-09 12:06 PM
140K are never available on Oct 1
27% are = 37,800
and country limits determine individual cutoffs
27% are = 37,800
and country limits determine individual cutoffs
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GCStatus
09-13 09:04 PM
Folks
First of all, ask yourself the following points before continue reading.
1. Do I need a Green card at ANY cost ( Any cost = Waiting for yrs, Not willing to risk any other options, afraid to raise issues, not pinpointing flaws )
2. Willing to fight for justice.
If you chose the option 1, please stop reading further and good luck.
For the option 2, here we go.I am new to this web site and it seems there are approx 70k people here and lot more outside. Huge enough to create miracles.
Just to remind ourself who we are. We are Highly skilled LEGAL immigrants. It not only means we are skillful but it also means we pay every damn tax which is out there. We pay for welfare. We pay for unemployed. We pay for pensioners. List goes on. We pay fees for every application processed by USCIS ( Labor, I-140,I-485,I-765,I-131 etc etc ). We pay rent. We buy cars. We buy houses. In short, we are nothing but GOLD to this economy.
However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.
Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.
ITS ABOUT TIME.
Latest
We are making great progress on this and glad to see tonnes of positive responses. For the people who are viewing this thread first time, please send your name, e-mail, ph number and the amount you are willing to contribute ( in case of a lawsuit ) to man-woman-and-gc (http://immigrationvoice.org/forum/member.php?u=24869) who is graciously collecting information for us and adding them in the below spreadsheet. Next steps on the way.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en# (http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#)
First of all, ask yourself the following points before continue reading.
1. Do I need a Green card at ANY cost ( Any cost = Waiting for yrs, Not willing to risk any other options, afraid to raise issues, not pinpointing flaws )
2. Willing to fight for justice.
If you chose the option 1, please stop reading further and good luck.
For the option 2, here we go.I am new to this web site and it seems there are approx 70k people here and lot more outside. Huge enough to create miracles.
Just to remind ourself who we are. We are Highly skilled LEGAL immigrants. It not only means we are skillful but it also means we pay every damn tax which is out there. We pay for welfare. We pay for unemployed. We pay for pensioners. List goes on. We pay fees for every application processed by USCIS ( Labor, I-140,I-485,I-765,I-131 etc etc ). We pay rent. We buy cars. We buy houses. In short, we are nothing but GOLD to this economy.
However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.
Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.
ITS ABOUT TIME.
Latest
We are making great progress on this and glad to see tonnes of positive responses. For the people who are viewing this thread first time, please send your name, e-mail, ph number and the amount you are willing to contribute ( in case of a lawsuit ) to man-woman-and-gc (http://immigrationvoice.org/forum/member.php?u=24869) who is graciously collecting information for us and adding them in the below spreadsheet. Next steps on the way.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en# (http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#)
venkybr
09-11 11:07 AM
Anybody, whose application was received on July 11th, signed by K.LAWSON got the 485 receipts ?
cool_desi_gc
04-26 09:29 AM
Lets not get sucked into it..
1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.
2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.
Lessons learnt
1) Why the hell did you sign the agreement without looking at these clauses ?
2) Why din't you have a copy of the agreement with you ?
I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.
But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.
1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.
2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.
Lessons learnt
1) Why the hell did you sign the agreement without looking at these clauses ?
2) Why din't you have a copy of the agreement with you ?
I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.
But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.
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