sachuin23
11-18 06:11 PM
Done, Got replies from 2 senators.
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akhilmahajan
02-25 03:49 PM
Thanks a lot everyone.
Grand Total - $1845
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Grand Total - $1845
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
new2gc
09-03 11:41 AM
Hi - I currently have my H1B(H4 for my wife) valid till Mar 2011 and EAD expires on 10/15/08.
Can I skip the renewal process for now and apply for EAD later?
My lawyer says it is OK to skip for now and apply for EAD/AP anytime as long as I-485 is pending.
Please advise.
Thanks,
new2gc
Can I skip the renewal process for now and apply for EAD later?
My lawyer says it is OK to skip for now and apply for EAD/AP anytime as long as I-485 is pending.
Please advise.
Thanks,
new2gc
2011 Dragon Age II Review
iptel
05-24 07:22 PM
Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.
Are we sure that we are refering to right bill S 1348 by Harry Reid seems to be pro-High skilled immigrant
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:
The text of part of legistlation is as follows
(b) Employment-Based Immigrants- Section 201(d) (8 U.S.C. 1151(d)) is amended to read as follows:
`(d) Worldwide Level of Employment-Based Immigrants-
`(1) IN GENERAL- Subject to paragraph (2), the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
`(A)(i) 450,000, for each of the fiscal years 2008 through 2017; or
`(ii) 290,000, for fiscal year 2018 and each subsequent fiscal year;
`(B) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year; and
`(C) the difference between--
`(i) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 and the number of visa numbers issued under this subsection during those fiscal years; and
`(ii) the number of visas calculated under clause (i) that were issued after fiscal year 2005
Are we sure that we are refering to right bill S 1348 by Harry Reid seems to be pro-High skilled immigrant
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:
The text of part of legistlation is as follows
(b) Employment-Based Immigrants- Section 201(d) (8 U.S.C. 1151(d)) is amended to read as follows:
`(d) Worldwide Level of Employment-Based Immigrants-
`(1) IN GENERAL- Subject to paragraph (2), the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
`(A)(i) 450,000, for each of the fiscal years 2008 through 2017; or
`(ii) 290,000, for fiscal year 2018 and each subsequent fiscal year;
`(B) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year; and
`(C) the difference between--
`(i) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 and the number of visa numbers issued under this subsection during those fiscal years; and
`(ii) the number of visas calculated under clause (i) that were issued after fiscal year 2005
more...
SleeplessinSeatle
08-19 04:47 PM
I got my EAD card yesterday. I am still waiting for receipt number for I-485 / I-131 though.
coolvigo
07-09 01:19 PM
everyone....join hands....send flowers so that they reach Tomorrow.....
Show them we are from the Land of Gandhiji !!!
Show them we are from the Land of Gandhiji !!!
more...
Michigan123
05-12 01:40 PM
I am waiting for FP .Even I have called TSC having intention to open SR ,i got the reply all files are up to date and they can not open SR for FP ...Files indicate that FP is complete.(God knows what they mean,whose fingerprint they have on my file) ....I have not given any FP so far except at the PORT of entry .
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srkamath
08-10 01:10 PM
My husband received CPO mail on 08/04, welcome mail on 08/05, soft LUD on 08/06 and approval notice sent mail on 08/09 but dated 08/08 in USCIS status. Hoping to have the GC in hand next week.
Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?
mita ! Relax.....:)
Even a credit card bill takes about a week to reach you ! You will definitely get his card next week, i'm sure you and child will also get approvals soon. At least there is movement on your family's case.
Thanks for promptly reporting your approvals and for the updates.
Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?
mita ! Relax.....:)
Even a credit card bill takes about a week to reach you ! You will definitely get his card next week, i'm sure you and child will also get approvals soon. At least there is movement on your family's case.
Thanks for promptly reporting your approvals and for the updates.
more...
jonty_11
02-05 02:39 PM
Used "Automatic Visa Revalidation Rule" for entering US from Canada
All,
Just wanted to let you guyz know that i have Used "Automatic Visa Revalidation Rule" for entering US from Canada, there were Issues at all, i entered US through
Peace Bridge.
I am planning to Visit Canada again, and wanna use "AVR"
but did u land in canada for immigration purposes? with ur AOS pending iN US?
All,
Just wanted to let you guyz know that i have Used "Automatic Visa Revalidation Rule" for entering US from Canada, there were Issues at all, i entered US through
Peace Bridge.
I am planning to Visit Canada again, and wanna use "AVR"
but did u land in canada for immigration purposes? with ur AOS pending iN US?
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apahilaj
03-18 11:18 AM
Apahilaj,
Any update on your FP. Im still waiting for mine. I dont know how many are like us.
As you said my only concern is will it impact EAD renewal in any way?
People, please throw in some comments who have not received their FP yet
No FP yet. Got a response to my SR indicating that I will get the notice once the appointment is available at my local ASC.
Any update on your FP. Im still waiting for mine. I dont know how many are like us.
As you said my only concern is will it impact EAD renewal in any way?
People, please throw in some comments who have not received their FP yet
No FP yet. Got a response to my SR indicating that I will get the notice once the appointment is available at my local ASC.
more...
desi3933
07-09 11:02 PM
Chandu,
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permannet and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
Question: What is the effective date of the new Labor Certification for the Permanent Employment of Aliens in the United States, or PERM, regulation?
Answer: The PERM regulation is effective March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permannet and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
Question: What is the effective date of the new Labor Certification for the Permanent Employment of Aliens in the United States, or PERM, regulation?
Answer: The PERM regulation is effective March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
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aquarianf
04-23 12:21 PM
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF saying the upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF saying the upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
more...
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Lasantha
02-05 01:17 PM
I think it depends on who the primary applicant is in your Canadian PR application. If you are the primary applicant (and used your spouce's qualifications to get the extra points), you should be able to do the landing alone. But if you are the secondary applicant and your wife is the primary then I don't think you can land without her.
I think the rule is that the secondary applicants cannot land until the primary applicant has landed. (So the secondary applicants (spouce, kids) have to land either with the primary applicant or after him.
Last week i received a letter from my canadian lawyer to send my passport to buffalo for stamping. The last date mentioned is March,08
Regarding me, I got through canadian immigration with mine and my wife's points. My wife is a Permanent resident for last 3 years 10 months in US. I am in EB3 category. PD Oct 06.
When checked the rules for maintaining PR in US for my wife, She cannot apply for PR in any other country till the time she is a PR in this country. As per the lawyers she will have a difficulty in applying for citizenship.
Now, I cannot myself apply for canadian immigration. because its a joint filing. What should i do?
I think the rule is that the secondary applicants cannot land until the primary applicant has landed. (So the secondary applicants (spouce, kids) have to land either with the primary applicant or after him.
Last week i received a letter from my canadian lawyer to send my passport to buffalo for stamping. The last date mentioned is March,08
Regarding me, I got through canadian immigration with mine and my wife's points. My wife is a Permanent resident for last 3 years 10 months in US. I am in EB3 category. PD Oct 06.
When checked the rules for maintaining PR in US for my wife, She cannot apply for PR in any other country till the time she is a PR in this country. As per the lawyers she will have a difficulty in applying for citizenship.
Now, I cannot myself apply for canadian immigration. because its a joint filing. What should i do?
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somma
11-21 05:28 PM
I'm shocked after listening this news. May God guide you to make a right decision and good choice and shower happiness in this world and hereafter.
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mqualique
05-01 02:14 PM
Applying EB PD but using Visa number from FB Quota would be a awesome. Not sure what complications this may cause on the FB side. This seems like a visa-leak (like memory leak) scenario from FB. This will put GC Holders dependents at a disadvantaged position as compared to us who don't have GC yet because EB PD will always be ahead to FB PD due to 'Visa-Leak'.
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coolcat
06-18 11:15 AM
How long you guys think it will take to get EAD and AP for June1st fillers..
https://egov.uscis.gov/cris/jsps/ptimes.jsp has processing times for each of the service centers.
Late last week, they've posted the dates as of June 15th. Unfortunately the dates have gone back like crazy (especially NSC).
https://egov.uscis.gov/cris/jsps/ptimes.jsp has processing times for each of the service centers.
Late last week, they've posted the dates as of June 15th. Unfortunately the dates have gone back like crazy (especially NSC).
more...
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desi3933
06-28 10:11 PM
Employers can (at least they do) discriminate EAD holders. Here is an example and related link:
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
As per I-9 form
The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.
___________________
Not a legal advice
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
As per I-9 form
The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.
___________________
Not a legal advice
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53885
05-23 04:35 PM
Just sent webfax to California senators.
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chem2
08-15 10:48 PM
EB3, Jan 2004
Chem2, can you please share your PD and EB category ?
Just wondering if EAD approvals are faster for EB2.
Chem2, can you please share your PD and EB category ?
Just wondering if EAD approvals are faster for EB2.
number30
05-04 09:30 PM
Hello Sir,
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
nousername
01-30 10:42 PM
Minimalist.. to begin with, I am not here to judge you or anyone else and I don't think sledge ever had those intentions. Hence, please don't take any of the comments personally.
The original post by nehas was a question to which almost everyone, including sledge responded, trying to help her. The common answer was that she (not he) needs to switch back to H4 as she is already out of status. My orignal post very clearly indecates the reasons why I believe Neha is already out of status. Here is the link http://immigrationvoice.org/forum/showthread.php?t=23395
After I answered Neha's question, which I know is the correct answer, I asked her a simple question i.e. is it ethical to apply for H1 visa when a person does not have a job offer, especially when the entire legal immigrant community knows that for last few years due to the visa cap it is very hard to obtain a new H1 even if you have a valid job offer.
I totally agree with you that no one on the face of this earth is a pure saint but ours (legal immigrants) is a small hardworking community, which most often understand each others pains, and that's the reason this forum exist.
Now, I ask you in the most humble way, what would you have done if your would-be employer had sponsored the visa but due to the lottery your application was never even selected for processing. To top that you learn from all over the world that companies like Wipro, Satyam and desi body shops applied for H1's, which they probably won't even use. Don't get me wrong.. I am a proud Indian and proud what these companies have archived..
don't have the guts to take care of anything person to person. That will only go to show how right the right things you do are. Do you know how a person that never does a wrong thing ( "I always do the right thing regardless of the time or place") threatens that he will bring people who do not belong in the conversation to the conversation to show how capable he is.
So let me get this straight, in your culture doing the right thing means cuss others using degrading words directed at their family mebers passes for bravery, which is a "RIGHT THING"
Now, you haven't answered the questio I posed to you about never doing a wrong thing in your life.
To answer your question on why they need compassion, he tried to get H1 and earn sme money. Now the economy went down and screwed up his visa status and brought on more possible troubles most of them may or may not materialize.
You can respond in two way. He got what he deserved or help him find a way out of the mess. Mind you he is already suffering in terms of the tension he has to bear with respect
to continued stay in US.
The original post by nehas was a question to which almost everyone, including sledge responded, trying to help her. The common answer was that she (not he) needs to switch back to H4 as she is already out of status. My orignal post very clearly indecates the reasons why I believe Neha is already out of status. Here is the link http://immigrationvoice.org/forum/showthread.php?t=23395
After I answered Neha's question, which I know is the correct answer, I asked her a simple question i.e. is it ethical to apply for H1 visa when a person does not have a job offer, especially when the entire legal immigrant community knows that for last few years due to the visa cap it is very hard to obtain a new H1 even if you have a valid job offer.
I totally agree with you that no one on the face of this earth is a pure saint but ours (legal immigrants) is a small hardworking community, which most often understand each others pains, and that's the reason this forum exist.
Now, I ask you in the most humble way, what would you have done if your would-be employer had sponsored the visa but due to the lottery your application was never even selected for processing. To top that you learn from all over the world that companies like Wipro, Satyam and desi body shops applied for H1's, which they probably won't even use. Don't get me wrong.. I am a proud Indian and proud what these companies have archived..
don't have the guts to take care of anything person to person. That will only go to show how right the right things you do are. Do you know how a person that never does a wrong thing ( "I always do the right thing regardless of the time or place") threatens that he will bring people who do not belong in the conversation to the conversation to show how capable he is.
So let me get this straight, in your culture doing the right thing means cuss others using degrading words directed at their family mebers passes for bravery, which is a "RIGHT THING"
Now, you haven't answered the questio I posed to you about never doing a wrong thing in your life.
To answer your question on why they need compassion, he tried to get H1 and earn sme money. Now the economy went down and screwed up his visa status and brought on more possible troubles most of them may or may not materialize.
You can respond in two way. He got what he deserved or help him find a way out of the mess. Mind you he is already suffering in terms of the tension he has to bear with respect
to continued stay in US.
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