Pallavi79
01-30 07:48 PM
<Quote>What�s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It�s all part of the game</Quote>
Completely agree with you.
<Quote>Funny... Sathweb took his post back, which even he does not agree with anymore and you now agree with it.. </Quote>
Funny .... Lawyers, Senators, USCIS Employees accept that, current immigration is broken. The current immigration does not make sense. But we want make some meaning out of it.
Completely agree with you.
<Quote>Funny... Sathweb took his post back, which even he does not agree with anymore and you now agree with it.. </Quote>
Funny .... Lawyers, Senators, USCIS Employees accept that, current immigration is broken. The current immigration does not make sense. But we want make some meaning out of it.
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gc_on_demand
04-30 01:52 PM
My guess is Eb3 India will not be current this year. From other Law firm site I observe that we will see mini version of what happend last year so I guess Eb2 I will be current .. ( Not because I am Eb2 ( I ) ) . Eb3 ROW will be C guys soon..
tonyHK12
02-22 05:58 PM
Transaction ID: 0HV49363NW0956225
Description Unit price Qty Amount
Donation to Support Immigration Voice (User: imm_pro)
$500.00 USD 1 $500.00 USD
Amazing effort imm_pro, thank you. This has been the biggest individual donation so far, and the only one for today. Hope it inspires others. I pledge a total of at least $400 for this event. thanks also to vid080, satyakb
We have achieved 15% of our goal.
Total Contributions...........$7,625.00
Amount to be raised.......$42,375.00
.
.
Description Unit price Qty Amount
Donation to Support Immigration Voice (User: imm_pro)
$500.00 USD 1 $500.00 USD
Amazing effort imm_pro, thank you. This has been the biggest individual donation so far, and the only one for today. Hope it inspires others. I pledge a total of at least $400 for this event. thanks also to vid080, satyakb
We have achieved 15% of our goal.
Total Contributions...........$7,625.00
Amount to be raised.......$42,375.00
.
.
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kshitijnt
05-09 10:16 PM
The views expressed in the context of sending grammatically correct letters is appreciated. As such, it would make sense if we can send the same letter, which would not only emphasize the same point but would be grammatically correct as well :)
Sending poorly drafted letters may not speak well of our community please
Regards,
Saptaswara
Sending a grammatically incorrect letter is much better than sending no letter or sending one in Jun-10. From last 2 days, I saw no one doing anything. Hence I sent my letter. Correct, I didn't spend too much time on it. If you so care for grammar when are you getting the correct letter out?
Sending poorly drafted letters may not speak well of our community please
Regards,
Saptaswara
Sending a grammatically incorrect letter is much better than sending no letter or sending one in Jun-10. From last 2 days, I saw no one doing anything. Hence I sent my letter. Correct, I didn't spend too much time on it. If you so care for grammar when are you getting the correct letter out?
more...
h1techSlave
06-29 07:58 AM
The link in my earlier post is a job advertisement which clearly states that EAD folks need not apply. There are 1000s of folks out there who are eligible for that position, but for the EAD restriction.
As per I-9 form
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
As per I-9 form
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
AllVNeedGcPc
08-06 11:08 PM
- Received 2 Yr EAD expiring July 2010
- Current EAD expires in Sept 2008
- 140 Still Pending
- EB3-I, July 03 PD
- Current EAD expires in Sept 2008
- 140 Still Pending
- EB3-I, July 03 PD
more...
simple1
05-02 01:07 AM
Thanks a lot lost_in_migration for providing supporting docs.
I strongly believe none will be affected with this correct interpretation of EB dependents must not use ebquota.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
I strongly believe none will be affected with this correct interpretation of EB dependents must not use ebquota.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
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jk333
07-08 01:18 PM
Excellent points dvsnm.
Once the date, time, and agenda are fixed, we'll hit the roads.
We can also come out with a common flier.
Adding to this:
* Each major company in the bay area must have their own internal
network/alias. They can spread the word within and pool in more support
for this.
-JK
Guys I am looking at this thread for the first time today and want to put some comments:
1) 3 people were making hunger strike at SJSU over the last weekend for DREAM act and we come to know about it thru 1510 AM, KLIVE in Bay Area.
2) Immigration Voice members are planning to make a rally in SJ and we need to read it in the forum of (only) their website.
3) We are hungry about media coverage and want utmost attention of the congressmen about our issues.
BUT, you know what we are missing?:
1) No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?
2) No postings on those other popular websites like murthy.com, immigration-law.com, bata.org etc. Did they say no for this?
3) No usage of the library notice boards.
4) No usage of SMS. Isn't it much cheaper than making contributions to the IV repeatedly?
I hope to see all these channels being utilized fully for July 14/21 march in Bay Area before we talk about CNNs and WPs.
Once the streets of SJ are hit with 1000+ people, those NBCs and CNNs and SJMs will come to us rather than we going to them.
As for myself, I am in whenever the event takes place and will try to bring at least 5 of my friends to the march.
P.S.: This is not an effort to criticize anyone here but just an attempt to help the organizers in whatever way I can.
Once the date, time, and agenda are fixed, we'll hit the roads.
We can also come out with a common flier.
Adding to this:
* Each major company in the bay area must have their own internal
network/alias. They can spread the word within and pool in more support
for this.
-JK
Guys I am looking at this thread for the first time today and want to put some comments:
1) 3 people were making hunger strike at SJSU over the last weekend for DREAM act and we come to know about it thru 1510 AM, KLIVE in Bay Area.
2) Immigration Voice members are planning to make a rally in SJ and we need to read it in the forum of (only) their website.
3) We are hungry about media coverage and want utmost attention of the congressmen about our issues.
BUT, you know what we are missing?:
1) No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?
2) No postings on those other popular websites like murthy.com, immigration-law.com, bata.org etc. Did they say no for this?
3) No usage of the library notice boards.
4) No usage of SMS. Isn't it much cheaper than making contributions to the IV repeatedly?
I hope to see all these channels being utilized fully for July 14/21 march in Bay Area before we talk about CNNs and WPs.
Once the streets of SJ are hit with 1000+ people, those NBCs and CNNs and SJMs will come to us rather than we going to them.
As for myself, I am in whenever the event takes place and will try to bring at least 5 of my friends to the march.
P.S.: This is not an effort to criticize anyone here but just an attempt to help the organizers in whatever way I can.
more...
msandhu
05-28 10:29 AM
Once you abandon H1B and get canadian PR, you will need visitor visa to come back to US. My friend did that he comes quite often to visit us.
MSandhu
MSandhu
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skgc
04-01 01:33 AM
Hi All,
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
more...
sankap
07-09 10:47 PM
I agree: you should take legal advice from as many attorneys as possible. In my experience with multiple attorneys on these topics (i.e., self-employed vs. W2 on EAD, and "filing" AC21), I got conflicting pieces of advice. So the only resources I could base my thinking on are USCIS and IRS.
Supreet -
I strongly dispute that. I encourage you to consult an attorney before taking any action.
AC-21 job must be "permanent and full-time" just like I-140. Simple. Infact, please put your question in attorney forum and get it confirmed right there.
.
Supreet -
I strongly dispute that. I encourage you to consult an attorney before taking any action.
AC-21 job must be "permanent and full-time" just like I-140. Simple. Infact, please put your question in attorney forum and get it confirmed right there.
.
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surabhi
09-24 11:39 AM
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
more...
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Zee
07-11 07:52 PM
USCIS has removed the flower related press release from their website. :D
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jsb
11-08 01:22 PM
Good suggestion for bringing this to Ombudsman. BUt anyway informing USCIS would be the wise step in a sense you will not invite unforseen problems may be associated with not informing.
Reason for not informing could be the vagueness and subjective element of what is same/similar job. If you are close to getting your GC, and you don't expect any RFE, you might want to avoid that potential issue. Of course, if there is long time interval between I-485 filing and the USCIS decision making time, USCIS might like to reconfirm if original job offer is still there. In that case it is better to inform USCIS about the job change, before they issue an RFE.
Anyway, it is better to get a clarification from Ombudsman
Reason for not informing could be the vagueness and subjective element of what is same/similar job. If you are close to getting your GC, and you don't expect any RFE, you might want to avoid that potential issue. Of course, if there is long time interval between I-485 filing and the USCIS decision making time, USCIS might like to reconfirm if original job offer is still there. In that case it is better to inform USCIS about the job change, before they issue an RFE.
Anyway, it is better to get a clarification from Ombudsman
more...
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jonty_11
12-15 12:30 PM
Not sure, if we should comment ....its abt illegals ...we may contact the Author to publish something abt us Legals also.
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MightyIndian
04-25 05:44 PM
I was just wondering that how come only desi employers are branded as "blood sucking manicas" etc etc ..? Doesn't there exist same kind of breed from other nationalities ? if not, then question is why we desis are like that ? any idea ?
All the desi employers I ran into or my friends ran into turned out to be blood suckers. before that I was employed by an american company for 6 years and I had no complaint whatsoever.
I think most of us desis consider other desis to be inferior and treat them so.
All the desi employers I ran into or my friends ran into turned out to be blood suckers. before that I was employed by an american company for 6 years and I had no complaint whatsoever.
I think most of us desis consider other desis to be inferior and treat them so.
more...
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deziliu
05-02 07:20 PM
Hi, all:
I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:
(1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
(2). EAD card valid until 10/2012.
(3). H1-B visa valid until 03/2012 through my current employer.
I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.
So, my questions are:
(1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
(2). Is there any problem to new my EAD card since I lost my H1-B visa?
(3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
(4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
Thanks.
Bruce
I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:
(1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
(2). EAD card valid until 10/2012.
(3). H1-B visa valid until 03/2012 through my current employer.
I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.
So, my questions are:
(1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
(2). Is there any problem to new my EAD card since I lost my H1-B visa?
(3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
(4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
Thanks.
Bruce
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bigboy007
07-02 10:31 AM
Mine delivered 9:00 AM via Fedex shipped on 6/30
lets see what others have i did it on saturday late evening.
lets see what others have i did it on saturday late evening.
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vikki76
09-29 11:01 PM
This is what I found on this PDF
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to
Dipika
06-13 10:04 AM
did you google it?
i couldn't find any recent successful story from google.
canada landing and returned on AP on FEB 08
http://www.immigrationportal.com/showthread.php?t=74167&page=40
My landing experience
--------------------------------------------------------------------------------
Patagonia
------------
Hi,
About a month back, i had gone to land at Vancouver though my actual destination was elsewhere. I flew into Vancouver and was directed to the immigration formalities area. I had taken the amount required as Cashier's checks.
It went pretty smoothly. The person in charge took the address in Canada where the PR card was to be sent. When landing, watch out the question how long you plan to be there? That was it !!!
While returning, I came back using AP documents. That was also smooth.
Thanks for other people's experiences. It was helpful.
i couldn't find any recent successful story from google.
canada landing and returned on AP on FEB 08
http://www.immigrationportal.com/showthread.php?t=74167&page=40
My landing experience
--------------------------------------------------------------------------------
Patagonia
------------
Hi,
About a month back, i had gone to land at Vancouver though my actual destination was elsewhere. I flew into Vancouver and was directed to the immigration formalities area. I had taken the amount required as Cashier's checks.
It went pretty smoothly. The person in charge took the address in Canada where the PR card was to be sent. When landing, watch out the question how long you plan to be there? That was it !!!
While returning, I came back using AP documents. That was also smooth.
Thanks for other people's experiences. It was helpful.
makemygc
07-09 03:00 PM
everyone....join hands....send flowers so that they reach Tomorrow.....
Show them we are from the Land of Gandhiji !!!
coolvigo, sent you a PM. Please see.
Show them we are from the Land of Gandhiji !!!
coolvigo, sent you a PM. Please see.
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