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Friday, June 10, 2011

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  • shana04
    07-23 12:55 PM
    Thanks Snathan this will be the best. Problem I am facing is that no one is willing to start GC process unless I join them and they start making money to offset the costs. Can you suggest someone who can help?

    1. If you stick to your current company, you might make money for few months but you are loosing all that extra cushion i.e. you need time for h1 transfer and applying for labor.

    2. If you don't trust and join the new company why would they trust you

    3. Body shoppers have mutual interest. They do it for money. They would not start your GC process unless you join them

    4. As Snathan said, by the time you file your h1 and get it transfered it will take time. so why not do it.

    5. If you want your GC process take risk.

    6. Money is not always the crietria. Go gain some thing you need to loose something.

    I wish you both good luck on finding your new employer and filing GC.

    Play safe.





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  • grupak
    12-06 11:15 PM
    From personal experience, both I-485 can be filed and H1-B extended. Have an approved I-140. If I-140 not approved then need labor to be pending for 1 yr I believe.





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  • walkerydk
    10-08 10:38 PM
    I am on the same boat of Consular Processing with Priority Date of Jun EB3 with I-140 approved in Sep-2004 and still working on H1B all the time. Is there any luck of getting EAD or similar benefits as 485 filing.





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  • rvr_jcop
    02-17 10:57 PM
    I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.

    Please share your thoughts...

    Thanks

    You are in H-1 status now as you applied for COS from H4 to H-1. So I am not sure if going for H4 stamping is still an option for you. I will let others weighin on this one.

    Do you have AP instead? You can always come back on AP, doing so will not invalidate your H-1



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  • irrational
    10-06 04:37 PM
    I am thinking it might be because my employee is based in Virginia. But I have been working in Texas since 2003. So I have no clue what triggered this transfer.

    -Bipin





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  • vagish
    04-20 11:08 AM
    Guys, we keep seeing lots of messages of introduction of several bills in house/senate, but do we know what is their voting schedule in the congress, if they have any..

    Thanks for help

    expect the CIR , all other are waste bills, they will never be voted, only hope is CIR.

    thanks



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  • rockstart
    03-09 11:38 AM
    Yeah I think it makes sense to fill I9 form because that way you make it clear that your intent moving forward is to be on AOS rather than H1. In case you dont do it then you are on dual status with H1 being primary status so in that case it is open to wide interpretation of CIS officers to classify it as out of status or in status.





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  • anu_t
    07-06 05:38 PM
    Yes, only if approved I-140 is not withdrawn or canceled before new I-140 approval.

    If you are in AC21 safety net then you can recapture PD (after 180 days of 1-485 filing) even if your initial sponsoring employer withdraws his initial I-140.:o


    Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
    The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).



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  • dilbert_cal
    07-11 03:19 AM
    Emigration or Immigration ?? Isnt there a difference between the two ;-)

    As per m-w.com
    Emigrate :-
    Etymology: Latin emigratus, past participle of emigrare, from e- + migrare to migrate
    : to leave one's place of residence or country to live elsewhere <emigrated from Canada to the United States>

    Immigrate :
    Etymology: Latin immigratus, past participle of immigrare to remove, go in, from in- + migrare to migrate
    intransitive verb : to enter and usually become established; especially : to come into a country of which one is not a native for permanent residence

    Hope the writer of the article knows the difference too....





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  • dvb123
    02-28 07:02 PM
    US grants home schooling German family political asylum | World news | The Guardian (http://www.guardian.co.uk/world/2010/jan/27/german-home-schooling-family-asylum)

    USCIS goes by the book not by the how dumb the rule is.



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  • cool_guy_onnet1
    02-21 09:37 AM
    This is the EB1 the usage for the last 14 years

    06 = 36,960
    05 = 64.731
    04 = 31,291
    03 = 14,544
    02 = 34,452
    01 = 41,801
    00 = 27,706
    99 = 14,898
    98 = 21,408
    97 = 21,810
    96 = 27,501
    95 = 17,339
    94 = 21,053
    93 = 21,114

    The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.

    I went to REC (one of the top 20 schools in India) did my Mastrs in Full scholarship and have International papers for IEEE + Few Algorithms that have been presented at Int. Conferences,( I could not attend the conf. in Paris since I did not want to go and get stamped and go through all the hassel- Go figure). I am an Ideal candidate for EB1 but my lawyer said there is a 50/50 chance for further enquiry and it will only delay the process.

    I know, I know but trust me, I was a University topper in Probablity and AI theories and I decided to chicken-out.
    Not because I am afraid of enquiries, I just dont want to raise any flags. I want to keep working, Hopefully get my GC within few* years and then prove myself .
    I applied under EB2 only because I don't want any enquiries and I know these POS lawyers will only delay the RFE's.

    Anyway, I was just frustated, sorry about this rage but just needed an outlet.

    People will only file under EB1 when A) They are not from India/China and They are not afraid to go and face any flags.
    & /OR B) They have good lawyer, who is very much prudent and willing to take chances.

    Any other theories and welcome

    *CONDITIONS APPLY LOL





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  • Blog Feeds
    02-05 06:40 PM
    AILA Leadership Has Just Posted the Following:



    By Eleanor Pelta, AILA First Vice President

    H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.

    But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.

    Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.

    How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement�the Department of Labor�but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.

    Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.

    It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA�these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.

    And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.


    The assault on H-1B's is not only offensive, it's dangerous. Here's why:




    H-1B's create jobs�statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers�this is lost when companies are discouraged from using the program.
    The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
    The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
    The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India �one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
    The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
    Whatever the cause of the visceral reaction against H-1B workers might be�whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy �I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
    https://blogger.googleusercontent.com/tracker/186823568153827945-7575642888668204601?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html)



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  • zdash
    10-26 03:11 PM
    DREAM act just got shot in the heart but it's still alive. On September 22, 2010, Richard Durbin introduced the bill once again along with Richard Lugar.
    I don't know what you mean by starting the GC process, you mean file I485?





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  • starscream
    06-04 01:26 PM
    This is what I got from the below link

    http://www.tradingmarkets.com/.site/...0News/2359471/

    Chairman of the Asian Pacific American Caucus, Rep. Michael Honda, will hold a press conference on Thursday, June 4, at 12:00 p.m. on Cannon Terrace, or in case of rain Cannon House Office Building Room 441, to present key components of a comprehensive immigration package, in preparation for President Obama's reform agenda. Joining the Congressman will be other Members of Congress and supporting advocacy organizations. Rep Honda will discuss his Reuniting Families Act, to be introduced in Congress this week, and the need to reform America's family-based immigration system to end lengthy separations of loved ones, promote family stability and foster the economic growth that immigrant families have provided throughout our history.

    Provisions related to Employment based Greencards:
    *Recaptures unused family-based and employment-based visas previously allocated by Congress which remain unused.

    * Increases the per country limits of family and employment-based visas from 7% to 10%: Right now, each country only has a 7% share of the total cap of visas that Congress allocates each year. Increasing each country's percentage of visas would eliminate the absurdly long wait times for individuals to immigrant from certain countries like the Philippines, China, and India.

    This bill is similar to S 1085 introduced in the Senate with regard to employment-based visa provsions - basically recapture and increase per country limits from 7 to 10%

    Guys, there is nothing to be excited about for EB folks in this bill.. This appears to help FB folks and in the name of re-union, which is a good thing ofcourse but, for us.. If I read between the lines, I have a bad feeling... Are they trying to re-capture the EB wasted visa numbers along with FB wasted and allocate all those to FB folks? :confused:

    Let the EB folks live this same life?

    God knows...



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  • jonty_11
    07-05 04:34 PM
    I guess this is the worst time for Lc subs guys to be seeking advice....





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  • qualified_trash
    06-01 03:39 PM
    bbee,

    thanks for the same!!
    I will do it. Just to let you know, I am also pushing it at my client site (I work for a consulting firm).
    any meetings planned in DC for this weekend?? I will be in the area and would definitely like to stop by and associate the names with faces :-)

    --qualified_trash



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  • bach007
    08-21 10:15 PM
    It's not cheating. The August 16 date is the Processing Up-date, not the posting date.


    Check this out on header:

    Service Center Processing Dates for Nebraska Service Center Posted August 16, 2007 ;)





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  • skp71
    05-06 10:10 AM
    If that's the case why should they pre-adjudicate 485s? Lot of guys getting REFs whose PD is 2003. If USCIS wants to approve after 3-4 years, they would not preapprove 485s. That logic won't work out.


    If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.

    So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.

    I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.

    My 2 cents.





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  • Almond
    07-17 07:43 PM
    yeah why bank statment? My attoreny did say anything about tax return either ? are you sureeeeeeeeeeeee?


    I used my tax returns to get approved for the I140. Maybe he filed both together.


    I've never heard about the bank forms though. Nooooooo:(





    Lewwy
    10-28 06:34 PM
    Wehey - I can do all that (- website layouts) and I havent had classes yet :)
    Your car is slightly different.. It has a gradient; where mine was bright purple.
    Can I view a few of your sigs? Or a website you have previously made?





    sk2006
    03-01 05:21 PM
    Friends,

    I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.

    Thanks.

    Sometime back when I inquired the same, I was told that canada is lenient about this rule and there were instances when people were allowed to come even after staying more than 3 years outside canada but then recently somebody told me that they are becoming more strict now.