txh1b
04-15 10:46 AM
What took you sooo long to wake up from the slumber and realize that you need to get paid? Look up WH4 and complain to DOL. Look for the contents in the Neufield memo as well.
wallpaper Blake Lively#39;s
wikipedia_fan
04-09 03:04 PM
Guys and Gals,
I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.
Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.
Questions:
Is this legal?
Is it a common practice?
Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.
If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?
Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?
Thanks for your time.
If you are past 180 days after filing 485 and 140 approved, nothing stops you from looking for employment elsewhere.
It all depends on your comfort levels - if you want to stick with this employer - you may - does not matter if it is h1b or EAD. If you want to move, you can.
a 140 revoke triggers a 485 denial - some officers do not go through the AC21 process and immediately issue a denial notice.
The law states that you have the right to file for MTR if you think there are facts ignored by the officer.
It all depends on the timing of denial. If during the denial you are out of country - there is no way to do MTR so it depends on luck too.
Working after an erroneous denial is an ambiguous call. The law allows you to file for an MTR, so why not just keep working?
Usually upto 180 days of stay without status is covered by 245K, but as of this date, there has not been any RFEs for status because one filed MTR and waited.
Please talk to an experienced immigration Attorney and they can explain all this stuff.
I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.
Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.
Questions:
Is this legal?
Is it a common practice?
Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.
If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?
Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?
Thanks for your time.
If you are past 180 days after filing 485 and 140 approved, nothing stops you from looking for employment elsewhere.
It all depends on your comfort levels - if you want to stick with this employer - you may - does not matter if it is h1b or EAD. If you want to move, you can.
a 140 revoke triggers a 485 denial - some officers do not go through the AC21 process and immediately issue a denial notice.
The law states that you have the right to file for MTR if you think there are facts ignored by the officer.
It all depends on the timing of denial. If during the denial you are out of country - there is no way to do MTR so it depends on luck too.
Working after an erroneous denial is an ambiguous call. The law allows you to file for an MTR, so why not just keep working?
Usually upto 180 days of stay without status is covered by 245K, but as of this date, there has not been any RFEs for status because one filed MTR and waited.
Please talk to an experienced immigration Attorney and they can explain all this stuff.
gg_ny
03-18 01:54 PM
Q: Does the core team who have their boots in Washington have any knowledge of the date when the CIR will be introduced by Mr Kennedy?
Answer: (ALthough I am not part of the core team)...When the Judiciary committee is done with calling people for testimony in the 'Purgegate'. That means, upto the 3rd week of April. Even if it gets introduced to the floor of the Senate, the committee is going to be preoccupied with this scandal. Maybe if AG resigns, and all the fired prosecutors are reinstated next week, then by the end of the month you can start hearing the discussions. I gathered some words in the wind that high tech companies that wrote letters on quota for H1B is preparing to introduce a measure (when need arises) anticipating 1) H1B quota will run out in 21 days 2) CIR would not happen this year. BUT I AM NOT sure how much substantiated this is.
Hello :
Does the core team who have their boots in Washington have any knowledge of the date when the CIR will be introduced by Mr Kennedy . Days have turned to weeks then to months and we have been just hearing stories of the bill getting introduced "Next Week ".The press is spilling gallons of ink and the onliners are creating Gigabytes of forum data on Immigration Legislation and its outcomes, but nothing seems to come out of Capitol Hill , they are just going around in circles .Are they actually going to do something this year or is it just another eyewash ?
Answer: (ALthough I am not part of the core team)...When the Judiciary committee is done with calling people for testimony in the 'Purgegate'. That means, upto the 3rd week of April. Even if it gets introduced to the floor of the Senate, the committee is going to be preoccupied with this scandal. Maybe if AG resigns, and all the fired prosecutors are reinstated next week, then by the end of the month you can start hearing the discussions. I gathered some words in the wind that high tech companies that wrote letters on quota for H1B is preparing to introduce a measure (when need arises) anticipating 1) H1B quota will run out in 21 days 2) CIR would not happen this year. BUT I AM NOT sure how much substantiated this is.
Hello :
Does the core team who have their boots in Washington have any knowledge of the date when the CIR will be introduced by Mr Kennedy . Days have turned to weeks then to months and we have been just hearing stories of the bill getting introduced "Next Week ".The press is spilling gallons of ink and the onliners are creating Gigabytes of forum data on Immigration Legislation and its outcomes, but nothing seems to come out of Capitol Hill , they are just going around in circles .Are they actually going to do something this year or is it just another eyewash ?
2011 representative: Blake lively
kumarc123
01-15 06:23 PM
I called but I got the immigration subcommittee's VM. I left a message with my name and the reason I was calling.
Thanks for calling, try to call again, and ask the receptionist to transfer to the the person who handles the immigration department. Tell him the need for recapture visa bill, as you plan to buy homes. And how this bill will help in towards minimizing the housing crisis and the downfall of the economy.
Please I humbly request all IV members to call her office.
Thank you
Thanks for calling, try to call again, and ask the receptionist to transfer to the the person who handles the immigration department. Tell him the need for recapture visa bill, as you plan to buy homes. And how this bill will help in towards minimizing the housing crisis and the downfall of the economy.
Please I humbly request all IV members to call her office.
Thank you
more...
thirumalkn
07-26 05:11 PM
Thanks for the info vxg. Thanks for sharing.
So, did you notify USCIS at any stage about your promotion ?
My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.
So, did you notify USCIS at any stage about your promotion ?
My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.
ca_immigrant
06-23 08:08 PM
Guys,
Lets focus energies on "Reuniting Families Act". Use this word. Its important. Visa recapture is part of it, but emphasize "FAMILY".
We need this bill and 350,000 VISAS that come with it. We have to make sure that those VISAs don't need to used 'per country' basis. Those VISAs must be distributed to whoever is in line, no matter which country they belong to.
IV core, please focus on this. We need this bill and all those recaptured VISAs can be used for anyone in the line, pre-adjudication complete and held-up because there is no VISA, irrespective of the changeability.
Core, please help -:)
One other quick question, I had done a one time donation in the past, but my status does not say donor, does one time donation do that or you have to be recurring donor ?
Lets focus energies on "Reuniting Families Act". Use this word. Its important. Visa recapture is part of it, but emphasize "FAMILY".
We need this bill and 350,000 VISAS that come with it. We have to make sure that those VISAs don't need to used 'per country' basis. Those VISAs must be distributed to whoever is in line, no matter which country they belong to.
IV core, please focus on this. We need this bill and all those recaptured VISAs can be used for anyone in the line, pre-adjudication complete and held-up because there is no VISA, irrespective of the changeability.
Core, please help -:)
One other quick question, I had done a one time donation in the past, but my status does not say donor, does one time donation do that or you have to be recurring donor ?
more...
lostinbeta
10-03 12:12 PM
Weird is cool in my book =)
2010 Blake Lively VS AnnaLynne
gc_buddy
03-07 04:30 PM
EAD applied at NSC on 12/06.
USCIS recd date 12/07
RFE on Feb 9th for Photographs
RFE replied on Feb 14th.
Still pending.
USCIS recd date 12/07
RFE on Feb 9th for Photographs
RFE replied on Feb 14th.
Still pending.
more...
kondur_007
09-21 10:45 AM
Hi,
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
I agree with all of the above advises and add one more thing:
Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.
In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
Good Luck.
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
I agree with all of the above advises and add one more thing:
Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.
In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
Good Luck.
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pnara2
01-24 10:04 AM
Guys, sorry I do not understand the numbers very well. Assuming the same amount of spillover numbers for 2011, what will be the status of EB2 by December-2011??
Thanks,
Prasad.
Thanks,
Prasad.
more...
indianabacklog
10-24 06:16 PM
I would like to suggest that anyone in Indiana who can make it meet at the Starbucks coffee location in Westfield this Saturday.
This is at US31 and 146th Street north of Indianapolis.
I propose 11am.
Even if there are only half a dozen of us surely we can achieve more than as individuals.
This is at US31 and 146th Street north of Indianapolis.
I propose 11am.
Even if there are only half a dozen of us surely we can achieve more than as individuals.
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DesiTech
06-01 06:25 PM
hi viewers,
any help will be appreciate in this matter. MY PD is June/2003 and my i-140 approved few weeks back. When can I file my 485 ? do I need to wait till PD ?
Also can I transfer to other company maintaining my approved i-140 and PD ?
What are risks involved here.
Thanks U all in advance.
any help will be appreciate in this matter. MY PD is June/2003 and my i-140 approved few weeks back. When can I file my 485 ? do I need to wait till PD ?
Also can I transfer to other company maintaining my approved i-140 and PD ?
What are risks involved here.
Thanks U all in advance.
more...
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Texascitypaul
02-23 04:24 PM
I just like to add that if your wife is not making enough money, then you have to find someone who can provide affidavit of support along with the filing of green card for you.
1. You are entitled to file adjustment of status application.
2. Affidavit of support is required for anyone who files green card application.
Good luck.
Just to clarify
I can file for AOS even though i am well over my 194 and came in under the VWP from the uk?
Finding a sponsor for me would not be difficult though i was led to believe it had to be my spouse is this not the case?
Thankyou very much for your response it is much appreciated
Paul.
1. You are entitled to file adjustment of status application.
2. Affidavit of support is required for anyone who files green card application.
Good luck.
Just to clarify
I can file for AOS even though i am well over my 194 and came in under the VWP from the uk?
Finding a sponsor for me would not be difficult though i was led to believe it had to be my spouse is this not the case?
Thankyou very much for your response it is much appreciated
Paul.
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jojet
10-26 11:16 AM
thanks pamposh to answer my quesion
more...
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sundarpn
04-14 04:45 PM
Hey all,
I have exactly 1.8 yrs left on my h1b. My 6th year starts March 2008.
I am in a permanent job now and my labor (EB3) priority date is Aug 2006.
I-140 with Nebraska has been pending for the last 6 months. (yes I am going to pay 1K and get it converted to premium )
I have another new job offer (permanent) from a company in bedford, boston.
The problem is the new company (like most big companies) will not start GC processing immediately. They may start after 3 months or after 6 months per policy. No commitments. :confused:
So Questions:
1. If the new employer submits labor after my 6th year starts, what are my options? (is it a risk?). In my experience with companies ( I am talking non desi, non consulting companies) it takes 6 months or more to get Perm labor filed.
2. I may not be able to port PD from my current employer as my I140 is still pending and if I give my notice, they will very well cancel it before it gets approved. (Even if I convert to premium now, it will take 3 weeks to get approval and I doubt if the new employer will wait). besides I am doubtful if I can get a copy of the 140 approval.
3. Another option I can think of is forget this offer.
Stick to my current employer, get I140 approved, get my 3 yr H1b extension and then try to switch when I have 3 more years. Is this even a practical / realistic option?
Appreciate any opinions.
I have exactly 1.8 yrs left on my h1b. My 6th year starts March 2008.
I am in a permanent job now and my labor (EB3) priority date is Aug 2006.
I-140 with Nebraska has been pending for the last 6 months. (yes I am going to pay 1K and get it converted to premium )
I have another new job offer (permanent) from a company in bedford, boston.
The problem is the new company (like most big companies) will not start GC processing immediately. They may start after 3 months or after 6 months per policy. No commitments. :confused:
So Questions:
1. If the new employer submits labor after my 6th year starts, what are my options? (is it a risk?). In my experience with companies ( I am talking non desi, non consulting companies) it takes 6 months or more to get Perm labor filed.
2. I may not be able to port PD from my current employer as my I140 is still pending and if I give my notice, they will very well cancel it before it gets approved. (Even if I convert to premium now, it will take 3 weeks to get approval and I doubt if the new employer will wait). besides I am doubtful if I can get a copy of the 140 approval.
3. Another option I can think of is forget this offer.
Stick to my current employer, get I140 approved, get my 3 yr H1b extension and then try to switch when I have 3 more years. Is this even a practical / realistic option?
Appreciate any opinions.
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forever_waiting
03-07 12:33 PM
I fail to see how your questions have any relevance to this effort but anyway, below are my thoughts.
How many members does IV have in total?
Around 30-40K
What % out of that total has not filed 485 yet?
Maybe around 5K-10K. No one knows for sure. Getting to know this number was the purpose of the survey!!But that doesnt mean we should not reach out to newer members who do not know about this initiative and get them to sign up as well.
Only if we know these two can we say that you need 5000 to go ahead with this plan.
I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
You are looking at it from a very narrow perspective. Think about how much persuasion it will take for Congress or USCIS to stick their head out and even attempt to consider this proposal! No one is waiting to create an opportunity for us to file I-485. Even USCIS knows roughly from their own data that there are >50-70K folks waiting to file I-485. They just wont acknowledge it because they know the status quo works for them and they are following rules. If we go to them with 1000 letters, the impression will be that less than 2% folks are really desperate for this fix. So why should it even be considered.. especialy considering the climate in the Congress where several anti Congressmen/Congresswomen are waiting to shoot off a letter to the USCIS asking for clarification on why they are doing even very minor (much much smaller than this admin fix) favorable actions for EB immigrant applicants.
1200 seems to be a good number
If you really think so after reading the response above, Pls go ahead and convince IV-Core to proceed with 1200. Contact pappu or starsun.
Good post but we need more information.
How many members does IV have in total?
What % out of that total has not filed 485 yet?
Only if we know these two can we say that you need 5000 to go ahead with this plan.
I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
1200 seems to be a good number.
How many members does IV have in total?
Around 30-40K
What % out of that total has not filed 485 yet?
Maybe around 5K-10K. No one knows for sure. Getting to know this number was the purpose of the survey!!But that doesnt mean we should not reach out to newer members who do not know about this initiative and get them to sign up as well.
Only if we know these two can we say that you need 5000 to go ahead with this plan.
I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
You are looking at it from a very narrow perspective. Think about how much persuasion it will take for Congress or USCIS to stick their head out and even attempt to consider this proposal! No one is waiting to create an opportunity for us to file I-485. Even USCIS knows roughly from their own data that there are >50-70K folks waiting to file I-485. They just wont acknowledge it because they know the status quo works for them and they are following rules. If we go to them with 1000 letters, the impression will be that less than 2% folks are really desperate for this fix. So why should it even be considered.. especialy considering the climate in the Congress where several anti Congressmen/Congresswomen are waiting to shoot off a letter to the USCIS asking for clarification on why they are doing even very minor (much much smaller than this admin fix) favorable actions for EB immigrant applicants.
1200 seems to be a good number
If you really think so after reading the response above, Pls go ahead and convince IV-Core to proceed with 1200. Contact pappu or starsun.
Good post but we need more information.
How many members does IV have in total?
What % out of that total has not filed 485 yet?
Only if we know these two can we say that you need 5000 to go ahead with this plan.
I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
1200 seems to be a good number.
more...
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rbharol
09-20 12:24 PM
Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that.
Thanks in advance for your answer.
Answer from my Lawyer is No.
I tried to commercialize my website which you see in my signature. Plan was to sell
the consulting services and sell gem stones. I am on H1B and Lawyer said do not do it.
Thanks in advance for your answer.
Answer from my Lawyer is No.
I tried to commercialize my website which you see in my signature. Plan was to sell
the consulting services and sell gem stones. I am on H1B and Lawyer said do not do it.
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chnaveen
07-07 05:11 PM
friends,
We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?
Thanks for your help.
balan
I485 Filed on July 2, 2007.
Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
The Primary's GC application will not be affected with the Divorce.
We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?
Thanks for your help.
balan
I485 Filed on July 2, 2007.
Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
The Primary's GC application will not be affected with the Divorce.
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dealsnet
08-04 02:04 PM
We cannot keep 2 Social Security cards at the same time.
They took my card and put into a drawer containing old returned card.
I have seen an american women infront of me apply for a new card after her name change(after marrige). They took her old card and put into the drawer.
You can apply for a new card without the old card if you inform the card is lost.
You can replace your Social Security card if it is lost or stolen. You are limited to three replacement cards in a year and 10 during your lifetime.
Name change, taking out the restrictions will not count towards the replacement limit.
Please refer to this detailed experience on SS update after GC:
http://immigrationvoice.org/forum/showthread.php?t=20610
Also there is no need to surrender your old SS card or even show it. (maybe good to just keep it with you if asked.)
They took my card and put into a drawer containing old returned card.
I have seen an american women infront of me apply for a new card after her name change(after marrige). They took her old card and put into the drawer.
You can apply for a new card without the old card if you inform the card is lost.
You can replace your Social Security card if it is lost or stolen. You are limited to three replacement cards in a year and 10 during your lifetime.
Name change, taking out the restrictions will not count towards the replacement limit.
Please refer to this detailed experience on SS update after GC:
http://immigrationvoice.org/forum/showthread.php?t=20610
Also there is no need to surrender your old SS card or even show it. (maybe good to just keep it with you if asked.)
mjdup
11-05 12:27 PM
Can donate 20K miles from American Airlines, great idea and way to help the core team.
pd052009
04-18 08:36 AM
Considering,
- EB3-EB2 upgrade
- Slow VB date movement
- No FB spillover
- Growing economy (which will further reduce the spillover/across numbers further in coming years)
Have you ever wondered what are the options you have?
We know, we are stuck with H1. Some of our problems are
- Resumes are rejected as many(most) companies prefer Citizens/GC/EAD than H1.
- Many RFEs and question with H1 Extn.
- Getting visa stamp at consulates is a (mental) pain.
- Consider the time spent from vacation for getting visastamps.
- Problems at port of entry( So many questions). We don't know what is new in store when we comeback from vacation.
- Pain of planning for a short visit(week) for emergency issues/family functions.
- Hard time in finding a H1 sponsor for H4 dependants
We know for sure that we are not going to get GC now. We don't know the exact wait time. What is our interim relief? Have you ever wondered how an EAD and AP will help you in the current situation? Have you ever dreamt the return of summer of 2007?
If you think/believe that EAD+AP can bring positive change in your life, please join us. Show your support by voting in http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html
Lets gather in that thread for our relief.
^^^^^
- EB3-EB2 upgrade
- Slow VB date movement
- No FB spillover
- Growing economy (which will further reduce the spillover/across numbers further in coming years)
Have you ever wondered what are the options you have?
We know, we are stuck with H1. Some of our problems are
- Resumes are rejected as many(most) companies prefer Citizens/GC/EAD than H1.
- Many RFEs and question with H1 Extn.
- Getting visa stamp at consulates is a (mental) pain.
- Consider the time spent from vacation for getting visastamps.
- Problems at port of entry( So many questions). We don't know what is new in store when we comeback from vacation.
- Pain of planning for a short visit(week) for emergency issues/family functions.
- Hard time in finding a H1 sponsor for H4 dependants
We know for sure that we are not going to get GC now. We don't know the exact wait time. What is our interim relief? Have you ever wondered how an EAD and AP will help you in the current situation? Have you ever dreamt the return of summer of 2007?
If you think/believe that EAD+AP can bring positive change in your life, please join us. Show your support by voting in http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html
Lets gather in that thread for our relief.
^^^^^
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