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Friday, June 10, 2011

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  • spicy_guy
    09-08 10:55 AM
    Good atleast we can have jobs, fr..ing last couple of years tired of loosing jobs because of Outsourcing companies. Waiting for GC from 9 years and now struggling to keep the job because of Outsourcing. Big F for OS

    If you were in India, you would have asked for more OS. huh?





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  • 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.





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  • GCNaseeb
    08-08 03:55 PM
    Can you direct me to the link you just mentioned for pay stub requirment for at least 180 days after filing AOS?

    I think the requirement is there should be a job offer at the time of filing of AOS. Here's an extract from a law firm:

    " If you are able to file the adjustment of status, there does need to be a valid job offer underlying the case at the time of the filing. You do not have to be working for the employer full time, but there does have to be a valid job offer for the position described in the labor certification".

    Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
    Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?





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  • Munna Bhai
    02-08 11:59 AM
    You want to keep your 140 intact for 2 reasons:

    1. To port the priority date for future use in a subsequent Greencard petition.
    2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.

    First, about 1:

    There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.

    In a nutshell:
    Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.

    About 2:

    If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
    Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.

    About preventing 140 from being revoked:

    I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.


    Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??



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  • Thiru
    09-22 08:53 PM
    I applied for my AP on Aug 24th. I haven't seen any update on the case. May I know when you guys applied for it?

    I applied on 8th of July and got approval notice through mail on 4th sep at TSC





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  • needhelp!
    10-09 05:56 PM
    for your help in the past and look forward to continue working with you.



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  • jthomas
    05-06 04:04 PM
    ganguteli,

    there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.

    your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.

    As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.

    Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(

    I think we should have a rally or some major IV activity. In this case everybody would get together and for every next activity we may be able to see 10% more members. We should start with a smaller number and then grow bigger. (just a thought)





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  • casinoroyale
    01-07 11:51 AM
    >if one enters using AP,then works for his current employer , even then, >he/she has to leave and reenter to get h1 status? or only in case of ac21?

    Ok, after using AP there are two ways in order to reinstate H1B status.

    1) By applying H1b extension after entering on AP
    2) going out of country and entering with valid h1b visa stamp.

    This is based on what i read in immigration-law.com and again as per murthy office.



    can you please explain little more? what is meant by after invoking, is it AC21?

    If one enters using AP,then works for his current employer , even then, he/she has to leave and reenter to get h1 status? or only in case of ac21?
    thanks in advance.



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  • lostinbeta
    09-06 10:47 AM
    Pixel Stretching and Liquifying are 2 different things. Liquifying is cool though, you can also come up with some good creations with that.





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  • Dipika
    11-25 12:43 PM
    Hi, is anyone planning for H1b stamping at Tijuana mexico on 30th November. If so, please contact and we shall plan together. I am in LA area. Thanks!

    Did you last stamped in Tijuana? Because Rule is just changed.
    NEW RULE:

    http://www..com/experience/readentries.do?category=22
    You can have H1B stamping in Tijuana, only if you had last stamped in Tijuana.



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  • jsb
    03-27 09:31 AM
    I agree about your comment on guest workers. But h1bs are also human beings. Rather than treating them like car imported from Japan treat them humane. Don't just think of h1bs as a number. There is a human being behind them. Its not easy to just uproot everything you have since last 10yrs and move back to where you came. This is not a treatment for a "guest".

    Also how humane is this for a country touting horn of human rights all over the world (read Tibet/China)?

    I agree and share your views on how someone should treat a guest, etc. But I just stated facts.

    Regarding open letter to Obama mentioned above, I agree with it one hundred percent. Focus of the letter should be (i) workers are highly educated, (ii) they are legally working and paying taxes, (iii) they are approved for GC, and are simply waiting for completing work on adjustment of their status, (iv) administrative inefficiency. Remember when one files for AOS, a visa is supposed to be already available for you (although due to USCIS bungling that has not been the case).





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  • nandakumar
    05-26 12:58 AM
    QGA and its staff should be really appreciated as they had understood our situation and came forward to help us with out we having solid financial background and limited numerical strength.

    We all should thank the staffs of various Senators office, who had conveyed our phone calls and fax to the respective senators with out putting any politics into it because none of us are voters.

    More over special thanks to the staffs of the Senators who had worked closely with IV and agreed to bring and vote on the immigration bill that incorporates the goals of IV.



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  • pd_recapturing
    09-26 04:31 PM
    Which number did you call to get the recipt numbers? What info did you have to provide?

    Thanks.
    800-375-5283
    Options 1-2-2-6-2-2-1

    u need to tell them that ur app was filed around 90 days ago and u wil get transferred to an 2nd level IO. She will ask you ur full name and DOB. If she finds you in DB , she will verify ur address or mother's maiden name.





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  • walking_dude
    10-25 01:57 PM
    Guys, I couldn't reply to you all earlier , here, as I was busy with my job and personal chores.

    Let's settle for Yahoo now, as it has powerful features such as Polls and Database that aren't available in Google. Also the Google group created by me has gone into 'La-La land' ( google bugs!)

    Here's our new Secure and Trusted Yahoo group

    http://groups.yahoo.com/group/ivmi

    Here's the latest

    1) We are getting our group registered as Official on IV (details sent to IV)

    2) News from IV on Legislative updates issues will be posted on the group this weekend (10/20 attendees, be sure to join by then)

    3) Some 10/20 Attendees to the meet have been added directly to the group. Others have been sent invites ( Yahoo restricts direct add to 10 per day). Please join ASAP. Let me know if there are any issues [ PM/'Private Message' or E-mail me]. I'll help you get joined.

    4) Others, please provide the following details while requesting to join the group.

    A) FULL NAME
    B) IV handle (N/A for non-members)
    C) Telephone [ we'll call you. No request to join will be accepted without Telephone number]
    D) City and Zip Code + 4


    We will call you to verify and then your request will be accepted. We regret the inability to accomodate anonymous requesters, as we wish to keep our group Secure and Trusted for the purpose of dissemination of sensitive IV information. Your co-operation to make this happen is greatly appreciated.



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  • pammk
    06-01 06:33 PM
    Interview Date: Friday May 6, 2011
    My Employment Model: E/V/C = employer/vendor/client. Working with the same employer for 5th year now and after initial H1b (3 years) this is my second H1 B renewal)
    Visa Officer: A Lady
    Visa Officer's comments to me: Everything looks good but we need to do some additional admin review.
    Documents requested: The application packet my company gave me. These were returned to me at the conclusion of the interview which lasted for about 3-4 minutes.
    Subsequent correspondence: after interview I got a couple of emails (one email per week) asking me to submit the documents (I129, client letter, and any supporting documents)
    Current status: last correspondence via email was on May 13th, no response as of yet.

    Am I experiencing this because of my employment model? Any comments from anyone?
    Did anyone else have similar experience? Anyone from Southeast Asia?





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  • arnet
    08-23 06:41 PM
    have always EAD/AP as your backup even if you have H1 visa (especially when you didnt have stamping or visa expires soon or if you have job uncertainity), it is safe as others suggested.....incase if you need EAD/AP for any emergency, you cant get these easily, it takes atleast 1-3 months for approval based on your processing center, so better apply atleast now...if you are working in EAD then it is better to apply for renewal before 4 months of expiry of current EAD/AP.



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  • Munna Bhai
    07-12 09:48 AM
    Yes, you can. You can switch to H4 and back to H1 without worrying about the Cap limitation. The only point that is little hazy is how long can you stay on a H4 before you can get back to H1 without the cap limitation kicking in. As the H1 is given in 3 year installments, would you have to get back to your H1 before that 3 year period ends, if in the middle of that period you had switched to H4?
    Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
    Let me know what you find. Good luck.

    One person just told me that, I can switch to H4 but I will be subjected to Cap since my spouse is in H1b non-profit.

    Currently my H1b extension is based on i-140 approval(3 years), will same rule apply to my case.





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  • kaisersose
    04-16 04:38 PM
    What is an "MTR"?

    Motion To Reopen. Basically having the IO re-examine the case by pointing out that the original application + evidence was correct, but the decision was not.





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  • WeShallOvercome
    08-03 12:55 PM
    You are a jack ass


    What kind of a person would reply with "You are a jack ass" to some one saying

    "Apology accepted and now i ask you to contribute for DC rally.....will you do that?

    Even am not a pro, i joined IV just couple of months back, but i never opened a thread for simple questions. I am not bashing you here....i am trying to educate you on this.....when we have something to ask we should look for appropriate thread and then post it there.

    I got my checks cashed on aug 1st, but i didn't opened a thread to tell everyone that, but i have seen people whoever got receipt they opened a new thread.
    "

    We all now know who is what !

    Peace and Am not visiting this thread anymore or any other started by the author of this one !





    dixie
    08-09 11:26 AM
    It is true that big businesses are putting a lot of pressure to initiate legal immigration reform, so while there is certainly room for optimism, we cannot sit still and just wait for things to happen. That is what legal immigrants have been doing for generations and we now know the mess that we are in. In contrast, look at the illegal immigrants. They create a lot of sound and fury, and ultimately even though nobody likes illegal immigration, an amnesty(or something close) is almost inevitable every 20 years or so.

    IV is the first organization to initiate activism among legal immigrants. We are not that powerful right now, but we have already seen what activism can do. See the dramatic increase in coverage of legal immigration issues in the media. I cannot recall anything being published about our plight before. Those who say IV has done is ineffective should remember that a journey of a thousand miles begins with a single step.IV has taken that important first step.

    I don't know.
    My friend same something that it makes sense;
    Don't expect to see any real improvement throughout the Pres. Bush Administration. Remember politicians do shows. Even the current SKIL bill seems to be way unilateral and that would not be welcome by American voters either. I think until lawmakers truly stop listening to lobbysts and bring a true balanced bill to the table, we will see lots of "shows", but no real result.

    It may happen someday, but I don't count on it necessarily in 2007.





    validIV
    06-18 05:58 PM
    Why are u telling us to support CIR only after seeing something for EB non-ROW? I am non-ROW and I find your post selfish and pathetic. CIR helps everyone in EB and FB, ROW or otherwise.

    Recently multiple threads have been created in IV forum about
    * Illegal�s (now conveniently called undocumented immigrants) * their anchor babies * and CIR.

    We should not support Illegal�s and their agenda.

    Support CIR only after seeing something for EB non-ROW or atleast legal immigration in general.
    We need to oppose CIR till we see such a provision.



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