caliguy
10-29 02:07 AM
@ kubmilegaGC.
Thanks buddy! As I mentioned in one of my previous posts, last 60 days were very tough for me but it feels good to have come out truimphant in the end. Thanks for all the encouragement and support you have provided and it was really good to see you come back and post a message.
I hope you are enjoying life with green card. Good luck to you in all your future endeavors. Keep in touch!
Thanks buddy! As I mentioned in one of my previous posts, last 60 days were very tough for me but it feels good to have come out truimphant in the end. Thanks for all the encouragement and support you have provided and it was really good to see you come back and post a message.
I hope you are enjoying life with green card. Good luck to you in all your future endeavors. Keep in touch!
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kubmilegaGC
09-16 07:49 PM
What to get out of these SR responses (received by email)
#1
Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter.
#2
Your application is currently with an officer; you will be notified when a decision has been made or if additional information is needed.
Infopass for #1 - had an answer of with an officer since 9/11
WHEN the wait will end?
#1
Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter.
#2
Your application is currently with an officer; you will be notified when a decision has been made or if additional information is needed.
Infopass for #1 - had an answer of with an officer since 9/11
WHEN the wait will end?
RaviG
02-01 05:35 PM
it seems like a good question to ask
They are closed for the new questions. Can some one edit their question to include this part. This questions shows why fixing GC is important for americans and american competetiveness.
They are closed for the new questions. Can some one edit their question to include this part. This questions shows why fixing GC is important for americans and american competetiveness.
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vsrinir
09-17 12:07 PM
I guess after this step "it has to go to Rules Committee and await determinations by the Rules Committee as to how much debate will be allowed and whether floor amendments will be allowed, and if so , how many.
"
Just for the clarification of some of our friends (corrections are welcome) -
The current discussion is in the House Judiciary Committee. After this, the major steps for the bill will be to go through the House and Senate for discussions and voting.
There is still a long way to go, but sure this is an important milestone to pass the Judiciary Committee.
And it might not even be possible to get it to the House before the Pres elections. But the good thing is it will not have to go through the Judiciary commitee again.
Just wanted to state it for the benefit of the people who are not aware, as we are not building hopes that it will be all over today or in the next few days.
"
Just for the clarification of some of our friends (corrections are welcome) -
The current discussion is in the House Judiciary Committee. After this, the major steps for the bill will be to go through the House and Senate for discussions and voting.
There is still a long way to go, but sure this is an important milestone to pass the Judiciary Committee.
And it might not even be possible to get it to the House before the Pres elections. But the good thing is it will not have to go through the Judiciary commitee again.
Just wanted to state it for the benefit of the people who are not aware, as we are not building hopes that it will be all over today or in the next few days.
more...
ibb
11-06 01:11 PM
These consulting firms are really annoying. USCIS should try to close this loophole.
Like I said, I did not catch the whole speech, but from what I heard, he was not talking completely against it, he mentioned that businesses need more H1B's and should be able to hire foreign talent.
He was mainly against abuse by big consulting firms (he gave out a statistic that 20K of the H1B went for 8 or 9 of the top consulting firms or something like that).
At least there is something happening..... we have only two weeks....... this may be our only chance this year to attach anything EB
Like I said, I did not catch the whole speech, but from what I heard, he was not talking completely against it, he mentioned that businesses need more H1B's and should be able to hire foreign talent.
He was mainly against abuse by big consulting firms (he gave out a statistic that 20K of the H1B went for 8 or 9 of the top consulting firms or something like that).
At least there is something happening..... we have only two weeks....... this may be our only chance this year to attach anything EB
RNGC
05-23 02:12 PM
You have a point...Ideas like yours should be given good consideration.
But IV core team has lots of experience and they have even started having talks with USICS directly, is'nt that a big achievement!
We need to try different ways to contact the law makers and find out which one is easy to implement and works efficiently.
When you call the law makers and tell them you support XYZ bill.. my question is what do you get out of it!
When the lawmaker realizes that he is getting 10000 calls from LEGAL aliens,
>who are not from his constituency,
>who can�t vote and
>who can�t contribute to his election campaign�
what is the motivation for the law maker to support the bill�
So to avoid sounding stupid and foolish and desperate when you call� a more logical approach would be to :
a) Generate a public petition form on IV website and have all the members� login and sign the forms digitally�
b) Then have IV reps.. fax them and send them to lobby groups �.
c) Lawmakers will listen to one talking head�and not worry abt 1000 calls that borders on ..�saar �support the bill saar�..
How many of you have actually talked to the lawmakers? Its always the assistant!
But instead .. someone says we have a signed petition of 25000 members effected by immigration mess �. And it�s a hi tech workers lobby group ..every lawmaker will talk to you and not the assistant!
Conclusion: calling the lawmakers haphazardly is actually hurting IV cause..to a certain extent!
:cool:
But IV core team has lots of experience and they have even started having talks with USICS directly, is'nt that a big achievement!
We need to try different ways to contact the law makers and find out which one is easy to implement and works efficiently.
When you call the law makers and tell them you support XYZ bill.. my question is what do you get out of it!
When the lawmaker realizes that he is getting 10000 calls from LEGAL aliens,
>who are not from his constituency,
>who can�t vote and
>who can�t contribute to his election campaign�
what is the motivation for the law maker to support the bill�
So to avoid sounding stupid and foolish and desperate when you call� a more logical approach would be to :
a) Generate a public petition form on IV website and have all the members� login and sign the forms digitally�
b) Then have IV reps.. fax them and send them to lobby groups �.
c) Lawmakers will listen to one talking head�and not worry abt 1000 calls that borders on ..�saar �support the bill saar�..
How many of you have actually talked to the lawmakers? Its always the assistant!
But instead .. someone says we have a signed petition of 25000 members effected by immigration mess �. And it�s a hi tech workers lobby group ..every lawmaker will talk to you and not the assistant!
Conclusion: calling the lawmakers haphazardly is actually hurting IV cause..to a certain extent!
:cool:
more...
manojp4
06-15 07:59 PM
Again, including her name on your I-485 application would not help her to "get into the queue". You need to file another I-485 for her and you can only do that if she is physically present in the US. (you need the I-94 card). You could have the court marriage in July and bring her here on an H4 or other visa, and then file for her I-485 as well.
I am in a similar boat as you, except my ritualistic wedding would be in Aug and I am banking on the hope that the dates would still remain current for August.
[QUOTE=manojp4]You cannot do CP for your spouse unless your I-485 is approved (an immigrant visa number is available for you). That is why the adjustment of status within the US is so much more preferable for most people - it lets you and the spouse get the EAD and start working without waiting for the approval of your GC.
Thanks manojp4, appreciate your help. Just to clarify my doubt, she would need to file a 485 anyhow, before the dates retrogress again, right. Would it matter if I included her name in my filing, along with the marriage certificate. I guess all I am trying to understand is I know 100% that I will be married before I file, would that help her in anyway, lets say if the dates retrogress in August and she cannot file till then.
I am in a similar boat as you, except my ritualistic wedding would be in Aug and I am banking on the hope that the dates would still remain current for August.
[QUOTE=manojp4]You cannot do CP for your spouse unless your I-485 is approved (an immigrant visa number is available for you). That is why the adjustment of status within the US is so much more preferable for most people - it lets you and the spouse get the EAD and start working without waiting for the approval of your GC.
Thanks manojp4, appreciate your help. Just to clarify my doubt, she would need to file a 485 anyhow, before the dates retrogress again, right. Would it matter if I included her name in my filing, along with the marriage certificate. I guess all I am trying to understand is I know 100% that I will be married before I file, would that help her in anyway, lets say if the dates retrogress in August and she cannot file till then.
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desi3933
01-28 04:17 PM
.....
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
I disagree with you. Last many H1-B petitions have denied on these grounds. Memo just made the current interpretation as public knowledge. Read the denial cases by and you will see what I am taking about.
It seems that AILA is making noise since this memo is going to hurt the business of their members.
....The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Technically the lawyer is correct. However, it is very difficult to show actual duties and job period for the beneficiary (H-1B worker) without the end-user client letter.
Example: [from the pdf file]
... The director declined to find that the proffered position was a specialty occupation because, as an employment contractor, the petitioner was in the business of contracting its employees to client sites and the record did not contain any evidence regarding the type of duties that the beneficiary would perform for these various clients. The director concluded that, without evidence regarding what duties the beneficiary would actually perform for the clients, the proffered position could not be classified as a specialty occupation.
............ for the purpose of determining whether a proffered position is a specialty occupation, the petitioner acting as an employment contractor is merely a "token employer," while the entity for which the services are to be performed is the "more relevant employer."
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf
PS: The term token employer has been used.
_________________
Not a legal advice.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
I disagree with you. Last many H1-B petitions have denied on these grounds. Memo just made the current interpretation as public knowledge. Read the denial cases by and you will see what I am taking about.
It seems that AILA is making noise since this memo is going to hurt the business of their members.
....The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Technically the lawyer is correct. However, it is very difficult to show actual duties and job period for the beneficiary (H-1B worker) without the end-user client letter.
Example: [from the pdf file]
... The director declined to find that the proffered position was a specialty occupation because, as an employment contractor, the petitioner was in the business of contracting its employees to client sites and the record did not contain any evidence regarding the type of duties that the beneficiary would perform for these various clients. The director concluded that, without evidence regarding what duties the beneficiary would actually perform for the clients, the proffered position could not be classified as a specialty occupation.
............ for the purpose of determining whether a proffered position is a specialty occupation, the petitioner acting as an employment contractor is merely a "token employer," while the entity for which the services are to be performed is the "more relevant employer."
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf
PS: The term token employer has been used.
_________________
Not a legal advice.
more...
ajmalnasar
06-15 06:14 AM
To raaj2007, just getting an EAD does not nullify your H1, but if you use EAD you loose H1. Go and check with your attorney. If you use EAD you cannot enter US using H1 or H4, you have to use Advance parole.
Adding to the replies to other post
(i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
(ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
(iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.
Hope I answered your doubts.
Adding to the replies to other post
(i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
(ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
(iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.
Hope I answered your doubts.
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ramaonline
03-22 12:12 PM
AC21 is a law but certain provisions of AC21 have been introduced in separate memos.
Job portability under AC21 is also part of a guidance / memo - so if any AC21 case goes for hearing in an immigration court, any change of employers while 485 is pending is considered illegal. This is not very common though.
Job portability under AC21 is also part of a guidance / memo - so if any AC21 case goes for hearing in an immigration court, any change of employers while 485 is pending is considered illegal. This is not very common though.
more...
seeking_GC
05-25 02:04 PM
I think we need to study the bill in detail before we jump to any conclusions.
From reading the summary in the AILA website, specifically the below :
The legislation would reinforce our commitment to families and reduce current wait times in the family immigration system by:
�Recapturing an estimated 400,000 family-sponsored and employment-based visas that went unused between 1992 and 2007.
Atleast to me it seems like the bill plans on using all the unused visas from the past years and apply that towards the family quota. Not sure if that would help the EB cause.
Inputs anyone?
From reading the summary in the AILA website, specifically the below :
The legislation would reinforce our commitment to families and reduce current wait times in the family immigration system by:
�Recapturing an estimated 400,000 family-sponsored and employment-based visas that went unused between 1992 and 2007.
Atleast to me it seems like the bill plans on using all the unused visas from the past years and apply that towards the family quota. Not sure if that would help the EB cause.
Inputs anyone?
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cgs
07-20 09:52 AM
Can anyone share some information on this?
more...
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cool_desi_gc
11-03 11:41 PM
Done
tattoo short haircut for Round Face
ilikekilo
05-24 08:54 PM
THIS IS A SERIOUS ISSUE. bumping up
somneone in the core team mentioned once h1b is a necessity and green card is a luxury...thats true.
somneone in the core team mentioned once h1b is a necessity and green card is a luxury...thats true.
more...
pictures hairstyles for round faces
Earned_GC
08-25 01:32 PM
I initiated the transfer on 19th and they delivered it today i.e 3 working days after (which is two days less than there norms). Also the rate is 43.35 today as per the calculator and they show a rate of 43.01 for my transfer. ICICI is a known thief. That is how the company is made. Its like "there is a CRIme after every successful company".
dresses Hairstyles+for+round+faces
saurav_4096
10-09 05:47 PM
I have a valid H1 approval till 2011 and used AP for my previous india visit. Right now i am transfering my H1 to a new company.
I asked my lawyer if i was on H1 status or not? She replied, Unitl you use EAD, i will be on H1B Status.
and also we can transfer our H1 to new company also. thats what i am doing now.
hope this helps!! and this was the answer from 2 lawyers which i asked.
Duration for I-94 while entering on AP is same as validity for AP. I am not sure what will happen in the scenario below:
A person on H1B validity for two years enters US on AP, which was valid for an year. He/She gets I-94 for only one year. in case person do not have any travel plan for next two year, will he be out of status after year as I-94 would have expird after one year and he/she kept working for H1B sponserer for two years.
Another questuon is Does renewed AP also comes with new I-94, like H1B renewals?
Saurav
I asked my lawyer if i was on H1 status or not? She replied, Unitl you use EAD, i will be on H1B Status.
and also we can transfer our H1 to new company also. thats what i am doing now.
hope this helps!! and this was the answer from 2 lawyers which i asked.
Duration for I-94 while entering on AP is same as validity for AP. I am not sure what will happen in the scenario below:
A person on H1B validity for two years enters US on AP, which was valid for an year. He/She gets I-94 for only one year. in case person do not have any travel plan for next two year, will he be out of status after year as I-94 would have expird after one year and he/she kept working for H1B sponserer for two years.
Another questuon is Does renewed AP also comes with new I-94, like H1B renewals?
Saurav
more...
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grupak
06-10 03:14 PM
I guess some of the bills are being considered on June 12th.
Its crucial to make the calls now. Don't wait a moment!
Call your representatives in addition to those listed on action items.
Its crucial to make the calls now. Don't wait a moment!
Call your representatives in addition to those listed on action items.
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rksaigal
07-30 01:11 PM
What would you recommend to enter this field on a long term basis and to supplement one's income?
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wa_Saiprasad
07-15 08:33 PM
Signed
gsc999
07-11 12:25 PM
Fellow IVians or IVers. Whichever you prefer:
You may not be able to attend the San Jose rally but you can still be part of the effort by volunteering to help call the members in California and inform them about this event. You can call even if you are on the East Coast. This is urgent!
This will help us focus on other logistic issues like banners, posting flyers.
Your help will make the San Jose peaceful walk a success!
You may not be able to attend the San Jose rally but you can still be part of the effort by volunteering to help call the members in California and inform them about this event. You can call even if you are on the East Coast. This is urgent!
This will help us focus on other logistic issues like banners, posting flyers.
Your help will make the San Jose peaceful walk a success!
ingegarcia
02-06 10:43 AM
thanks for explaining. my suggestion then is to go to school on F1 (maybe ?) and get a degree that can help him/her get a job that qualifies under H1b.
Our main goal to solve the retrogression problem.
Since you can study under H4 you cannot apply for F1 (My wife tried that already) :)
Our main goal to solve the retrogression problem.
Since you can study under H4 you cannot apply for F1 (My wife tried that already) :)