hibworker
03-21 11:04 AM
I thought that manager control rule is for L1 visa, where consultant must work only at direct client site.
It is part of new employer - employee relationship memo. One of my friends has been working for 3 yrs at US Company via 2 layers of vendors. He went for stamping at Delhi 2 months ago. During the interview he was told that his visa has been approved - however a week later his passport arrived with visa denied.
It is part of new employer - employee relationship memo. One of my friends has been working for 3 yrs at US Company via 2 layers of vendors. He went for stamping at Delhi 2 months ago. During the interview he was told that his visa has been approved - however a week later his passport arrived with visa denied.
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PD_Dec2002
08-27 04:58 PM
this is a EB3 care and i'm the primary applicant not my spouse
In that case, your divorce should not affect your I-485. You only need to make sure that you (or your lawyer) withdraw the I-485/EAD/AP for your wife.
Thanks,
Jayant
In that case, your divorce should not affect your I-485. You only need to make sure that you (or your lawyer) withdraw the I-485/EAD/AP for your wife.
Thanks,
Jayant
atlfp
04-08 12:34 PM
I thought the "Freedom of Information Act" requires the federal goverment to disclose all data and procedure unless it is exempt by some other laws (list of super spies, for instance). Wouldn't it be possible to using this law to force them to disclose their numbers?
Is there any month by month ombudsman report? I was just thinking It doesn't have too much of use if they report AFTER the number is wasted....
I am not an expert in law but we cannot "Force" the deparment of state to release numbers. However some numbers are already available for 2005 in usage stats.
If they waste numbers in 2006, then they may be recaptured and used in 2007 - ONLY IF - the comprehensive bill or the PACE act passes as both have recapture provision.
Doesnt the ombudsman report show all numbers even today? I thought they did.
Is there any month by month ombudsman report? I was just thinking It doesn't have too much of use if they report AFTER the number is wasted....
I am not an expert in law but we cannot "Force" the deparment of state to release numbers. However some numbers are already available for 2005 in usage stats.
If they waste numbers in 2006, then they may be recaptured and used in 2007 - ONLY IF - the comprehensive bill or the PACE act passes as both have recapture provision.
Doesnt the ombudsman report show all numbers even today? I thought they did.
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snathan
02-23 06:53 PM
I successfully ported from EB3 to EB2 in the same company while on EAD
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
Porting is not walk in the park anymore. USCIS is scrutizing everything...you should be ok as long as everything is documented properly. Keep us posted.
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
Porting is not walk in the park anymore. USCIS is scrutizing everything...you should be ok as long as everything is documented properly. Keep us posted.
more...
gveerab
12-30 08:57 PM
hi,
thanks for the reply. If its going to be a problem , i will shift to a different company. what is your suggestion to me ?
If i get a chance to move to a different company ,, do you want me to leave the current company?
waiting for your reply..
once again thanks for the response...
Thanks
Not sure about the Mexico consulate, but you will most probably face problems if you go to Chennai consulate.In case if you decided to take chance and go to Mexico, make sure that you have valid F1 visa to come back to USA. Otherwise you have to stay in Mexico :-)
If I am in your position, i will not this type of chances.
thanks for the reply. If its going to be a problem , i will shift to a different company. what is your suggestion to me ?
If i get a chance to move to a different company ,, do you want me to leave the current company?
waiting for your reply..
once again thanks for the response...
Thanks
Not sure about the Mexico consulate, but you will most probably face problems if you go to Chennai consulate.In case if you decided to take chance and go to Mexico, make sure that you have valid F1 visa to come back to USA. Otherwise you have to stay in Mexico :-)
If I am in your position, i will not this type of chances.
tampacoolie
07-21 09:00 PM
I did a very similar thing.
My h1b expires in sept 07, and an extension was applied in april 07. My PD became current in June, and I applied for AOS with AP and EAD.
Approval for my H1B extension came through mid June (after AOS application) and only for 1 year (as opposed to 3 if my PD was not current).
I now have AP approval and EAD is still pending, but I'm planning on using these to travel with when fully realized.
My H1 expires 08/30/07 and I will be applying I 485 this month end. I already upgraded to PP for my 1-140 got an RFE for A2P. I will be submitting supporting docs for RFE also before this month end. I assume that PD will be unavailable for Sep, and I will be applying for my H1 extension in August in regular processing. Will I get 3 year or 1 year ?
My h1b expires in sept 07, and an extension was applied in april 07. My PD became current in June, and I applied for AOS with AP and EAD.
Approval for my H1B extension came through mid June (after AOS application) and only for 1 year (as opposed to 3 if my PD was not current).
I now have AP approval and EAD is still pending, but I'm planning on using these to travel with when fully realized.
My H1 expires 08/30/07 and I will be applying I 485 this month end. I already upgraded to PP for my 1-140 got an RFE for A2P. I will be submitting supporting docs for RFE also before this month end. I assume that PD will be unavailable for Sep, and I will be applying for my H1 extension in August in regular processing. Will I get 3 year or 1 year ?
more...
WaitingForMyGC
03-04 09:49 AM
We guys were discussing proposal for 485 adjudication during retrogession and these guys(USCIS) are moving backwards. Man..when this will end?
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panky72
06-18 04:42 PM
No one ever has gone to court over a Noncompete agreement issue. No one will.
I don't know about IT but in other professions people go to court all the time. I have seen several cases.
I don't know about IT but in other professions people go to court all the time. I have seen several cases.
more...
addsf345
01-08 02:07 PM
Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.
My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.
any one?
My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.
any one?
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wandmaker
12-07 12:33 AM
Moral of the story : take passport for FP, infopass, etc. all the time.
It will definitely help many of our fellow IV-ans.
It will definitely help many of our fellow IV-ans.
more...
ganesha
08-04 03:26 PM
Someone gave me red for this post...i dont understant why???
That somebody wants to shatter our hopes and have us live in despair:mad:
That somebody wants to shatter our hopes and have us live in despair:mad:
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camarasa
08-09 06:00 PM
Immigration debate: Firms warn of lack of workers
Federal crackdown could force firings across the state.
By Susan Ferriss - Bee Staff Writer
Published 12:00 am PDT Thursday, August 9, 2007
California businesses, which employ the majority of illegal immigrants throughout the country, are reeling after federal officials announced a new workplace crackdown.
People in industries as diverse as California's hotels and massive farms, its restaurants and convalescent homes,said Wednesday they are confused and fear they could be forced into mass firings.
Those at risk are employers who've received letters from the Social Security Administration saying their workers' numbers don't match names in federal databases.
As early as this month, the Department of Homeland Security plans to require all employers who have received those letters to fire the workers if the discrepancy cannot be resolved relatively quickly.
The department is planning to use the letters to track down employers and conduct raids if necessary, leading to fines or prosecution of businesses that don't fire the workers in question.
Homeland Security has been considering using Social Security information as a tool to enforce immigration laws for some time, but officials were waiting to see if Congress would approve changes to put some illegal immigrants on a path to legal residency.
Central Valley farmers -- and other agricultural interests who provide a huge percentage of the nation's food -- are warning Americans that they believe small businesses could go under and that prices could soar or products could become scarce.
"This is the nightmare I always hoped we would never get to," said Manuel Cuhna of the Nisei Farmers League, an industry association in the San Joaquin Valley, a cradle of American food production.
"I'm totally agitated about this," Cuhna said. "Everybody has received those letters, 90 percent of them in the farm industry. We're going to have to shut down the food chain."
Cuhna said he and others are frustrated because, "One part of the government has been telling us not to fire workers, and now another is going to tell us to fire them."
Up to this point, the Social Security Administration has instructed employers, in those letters, not to fire their workers but just to inform them of the mismatch.
Some workers, sensing their covers were blown, voluntarily left jobs after the letters arrived.
Many California employers see the new Homeland Security policy as an attack on the same businesses that have for years implored Congress to create better tools to help them check the veracity of workers' documents.
They also were counting on Congress to provide more legal work visas to foreign workers they need in many jobs.
While some Social Security numbers are stolen by fraudulent document artists, most of the mismatches in numbers are thought to be due to illegal immigrants' use of invented Social Security numbers.
A Sacramento construction worker who builds sound walls along freeways and housing subdivisions said he has used a fake Social Security number for 10 years.
"The employers are just going to keep hiring people, but off the books completely," he predicted, requesting that his name not be used out of fear he might be discovered.
Cuhna said he received a call Wednesday from a California dairy farmer who has received a number of letters informing him of employees' mismatched names and Social Security numbers.
But his businesses relies on foreign workers willing to do the isolated, messy job of caring for and milking cows, Cuhna said.
"He's in a panic. If they come and take his workers away, he'll have no one to milk his cows and his cows will die," Cuhna said.
"I told him, 'Take photos of those cows with their legs up in the air and send it to Congress.' "
Inside thousands of California dairies, which produce about 20 percent of the nation's milk, "There are a lot of illegal workers, let me tell you that," Cuhna said.
Jesse Alderete, a labor contractor in the Salinas Valley, the largest producer of U.S. fresh vegetables, said: "This is going to be delicate. There are going to be hundreds of thousands of people running around without jobs."
Larry Rohlfes, a director of the California Landscaping Contractors Association, said, "I know it's coming, and I know it's going to hurt." Rohlfes' group has been outspoken in admitting employers probably have undocumented workers on their payrolls. The same employers say they have done all that was required of them to check employee documents, copy them and keep them on file.
He predicted that dismissed landscapers will enter the underground economy.
Trying to ferret out workers by following Social Security's mismatch letters might also backfire by sparking a greater demand for cards with stolen Social Security numbers, said some former Homeland Security officials.
"This will, frankly, spur more identity theft of legitimate legal residents' and American citizens' documents," said Victor Cerda, a Washington, D.C., immigration lawyer who was in charge of removal of illegal immigrants while with Homeland Security.
He said the new policy was a "dramatic shift" toward putting the responsibility for illegal immigration on employers, a good shift but too "piecemeal" because it doesn't address a real demand for labor.
"Is Congress really going to line up with Homeland Security when enforcement goes into their neighborhoods, and disrupts business and they start hearing from constituents?" Cerda asked.
http://www.sacbee.com/101/story/316330.html
Federal crackdown could force firings across the state.
By Susan Ferriss - Bee Staff Writer
Published 12:00 am PDT Thursday, August 9, 2007
California businesses, which employ the majority of illegal immigrants throughout the country, are reeling after federal officials announced a new workplace crackdown.
People in industries as diverse as California's hotels and massive farms, its restaurants and convalescent homes,said Wednesday they are confused and fear they could be forced into mass firings.
Those at risk are employers who've received letters from the Social Security Administration saying their workers' numbers don't match names in federal databases.
As early as this month, the Department of Homeland Security plans to require all employers who have received those letters to fire the workers if the discrepancy cannot be resolved relatively quickly.
The department is planning to use the letters to track down employers and conduct raids if necessary, leading to fines or prosecution of businesses that don't fire the workers in question.
Homeland Security has been considering using Social Security information as a tool to enforce immigration laws for some time, but officials were waiting to see if Congress would approve changes to put some illegal immigrants on a path to legal residency.
Central Valley farmers -- and other agricultural interests who provide a huge percentage of the nation's food -- are warning Americans that they believe small businesses could go under and that prices could soar or products could become scarce.
"This is the nightmare I always hoped we would never get to," said Manuel Cuhna of the Nisei Farmers League, an industry association in the San Joaquin Valley, a cradle of American food production.
"I'm totally agitated about this," Cuhna said. "Everybody has received those letters, 90 percent of them in the farm industry. We're going to have to shut down the food chain."
Cuhna said he and others are frustrated because, "One part of the government has been telling us not to fire workers, and now another is going to tell us to fire them."
Up to this point, the Social Security Administration has instructed employers, in those letters, not to fire their workers but just to inform them of the mismatch.
Some workers, sensing their covers were blown, voluntarily left jobs after the letters arrived.
Many California employers see the new Homeland Security policy as an attack on the same businesses that have for years implored Congress to create better tools to help them check the veracity of workers' documents.
They also were counting on Congress to provide more legal work visas to foreign workers they need in many jobs.
While some Social Security numbers are stolen by fraudulent document artists, most of the mismatches in numbers are thought to be due to illegal immigrants' use of invented Social Security numbers.
A Sacramento construction worker who builds sound walls along freeways and housing subdivisions said he has used a fake Social Security number for 10 years.
"The employers are just going to keep hiring people, but off the books completely," he predicted, requesting that his name not be used out of fear he might be discovered.
Cuhna said he received a call Wednesday from a California dairy farmer who has received a number of letters informing him of employees' mismatched names and Social Security numbers.
But his businesses relies on foreign workers willing to do the isolated, messy job of caring for and milking cows, Cuhna said.
"He's in a panic. If they come and take his workers away, he'll have no one to milk his cows and his cows will die," Cuhna said.
"I told him, 'Take photos of those cows with their legs up in the air and send it to Congress.' "
Inside thousands of California dairies, which produce about 20 percent of the nation's milk, "There are a lot of illegal workers, let me tell you that," Cuhna said.
Jesse Alderete, a labor contractor in the Salinas Valley, the largest producer of U.S. fresh vegetables, said: "This is going to be delicate. There are going to be hundreds of thousands of people running around without jobs."
Larry Rohlfes, a director of the California Landscaping Contractors Association, said, "I know it's coming, and I know it's going to hurt." Rohlfes' group has been outspoken in admitting employers probably have undocumented workers on their payrolls. The same employers say they have done all that was required of them to check employee documents, copy them and keep them on file.
He predicted that dismissed landscapers will enter the underground economy.
Trying to ferret out workers by following Social Security's mismatch letters might also backfire by sparking a greater demand for cards with stolen Social Security numbers, said some former Homeland Security officials.
"This will, frankly, spur more identity theft of legitimate legal residents' and American citizens' documents," said Victor Cerda, a Washington, D.C., immigration lawyer who was in charge of removal of illegal immigrants while with Homeland Security.
He said the new policy was a "dramatic shift" toward putting the responsibility for illegal immigration on employers, a good shift but too "piecemeal" because it doesn't address a real demand for labor.
"Is Congress really going to line up with Homeland Security when enforcement goes into their neighborhoods, and disrupts business and they start hearing from constituents?" Cerda asked.
http://www.sacbee.com/101/story/316330.html
more...
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willigetagc
08-15 08:41 AM
May be not before but recently USCIS is doing what they were supposed to do, except the fact that they are really tied up with enormous amount of phone calls from our friends. :)
If that is the case there is nothing to prevent them from taking the receiver off the hook. If they have a call center, people will call. They would be setup to handle a particular call volume. If the call volume goes beyond that then a Q will form and callers will wait longer for service.
I don't think the people answering the calls are necessarily the same people who work on the cases.
The rude behavior is nothing new for these guys. How many times have we heard how the visitor's and non-immi lines at the port-of-entry are treated.
If that is the case there is nothing to prevent them from taking the receiver off the hook. If they have a call center, people will call. They would be setup to handle a particular call volume. If the call volume goes beyond that then a Q will form and callers will wait longer for service.
I don't think the people answering the calls are necessarily the same people who work on the cases.
The rude behavior is nothing new for these guys. How many times have we heard how the visitor's and non-immi lines at the port-of-entry are treated.
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jthomas
06-02 10:47 AM
where can i download photoshop from?
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logiclife
01-02 11:34 AM
All set
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
Regarding having a match, take a lawyer's help to find out what occupation code (based on DOT - dictionary of occupationsl titles) or ONET code your previous job (in labor cert) was.
Try to take up a new job whose description would land you in the same or similar DOT code or ONET code and ask your lawyer to translate descriptions into ONET and DOT codes.
AC21 portability has never been used in such a widespread manner for such a prolonged period so a lot of new changes are likely to happen thru new interpretations done by USCIS. This time, AC21 will be used by folks for atleast 2-3 years before they get GC, just due to retrogression.
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
Regarding having a match, take a lawyer's help to find out what occupation code (based on DOT - dictionary of occupationsl titles) or ONET code your previous job (in labor cert) was.
Try to take up a new job whose description would land you in the same or similar DOT code or ONET code and ask your lawyer to translate descriptions into ONET and DOT codes.
AC21 portability has never been used in such a widespread manner for such a prolonged period so a lot of new changes are likely to happen thru new interpretations done by USCIS. This time, AC21 will be used by folks for atleast 2-3 years before they get GC, just due to retrogression.
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srikondoji
07-26 02:47 PM
pappu,
Just made another contribution of $100. AS i said to you in the past, that i will be making contributions every now and then instead of recurring.
Transaction ID: 2FX50463NH320233G Placed on Jul. 26, 2007
Just made another contribution of $100. AS i said to you in the past, that i will be making contributions every now and then instead of recurring.
Transaction ID: 2FX50463NH320233G Placed on Jul. 26, 2007
more...
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ujjvalkoul
01-30 06:04 PM
in short....when they cannot determine ur duration of stay..u get a one year license...interesting...wonder if you still have H1B and 485 pending what will the SAVE system pick for ur status...so unless for all AOS applications we can get EADs for 3 years, we will have to get DLs every year...given they accept EAD as a status/duration of stay proof..which they wont coz they will be looking at SAVE only for verifying appplicant status/duration of stay.....
We are looking at a big mess folks...
-----------------------------------------------------------------
Comment: Commenters said that this provision would be unduly
burdensome for many individuals who have lawful status for extended
periods of time, such as F and J visa holders, and specifically
expressed concern that the rule is eliminating a long-standing
provision for J-1 participants, who, under State Department
regulations, are entitled to a thirty-day grace period after completion
of their programs to travel within the United States One of these
commenters suggested that States be allowed to use the end dates listed
on the certificates of eligibility for each of these visa types as the
``ending date'' of status for the purpose of obtaining a driver's
license.
Response: Again, the determination for lawful status in the United
States will be made by the SAVE system, not particular documents. SAVE
takes into account the grace periods to which those in certain F and J
statuses are generally entitled. It should be noted, however, that
since F and J non-immigrants are admitted for ``duration of status,''
which is an indeterminate period, they would normally be issued
licenses valid for one year.
We are looking at a big mess folks...
-----------------------------------------------------------------
Comment: Commenters said that this provision would be unduly
burdensome for many individuals who have lawful status for extended
periods of time, such as F and J visa holders, and specifically
expressed concern that the rule is eliminating a long-standing
provision for J-1 participants, who, under State Department
regulations, are entitled to a thirty-day grace period after completion
of their programs to travel within the United States One of these
commenters suggested that States be allowed to use the end dates listed
on the certificates of eligibility for each of these visa types as the
``ending date'' of status for the purpose of obtaining a driver's
license.
Response: Again, the determination for lawful status in the United
States will be made by the SAVE system, not particular documents. SAVE
takes into account the grace periods to which those in certain F and J
statuses are generally entitled. It should be noted, however, that
since F and J non-immigrants are admitted for ``duration of status,''
which is an indeterminate period, they would normally be issued
licenses valid for one year.
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vandanaverdia
09-16 12:20 AM
bump
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485Question
09-17 04:02 PM
:)
ita
11-12 09:40 AM
Go online and file AR11 right away, by giving out your pending case numbers you can update the address. After an hour or so, call USCIS customer service and verify whether the address has updated or not; also ask them to resend the card to your new address. You will receive a address change confirmation letter at your new address.
I went online to change address.
It didn't ask for pending case#'s anywhere.
I tried calling customerservice but I get this message that CSR work only between 8-6 Mon-Fri and is asking me to call back later though I called at 10am.
I went online to change address.
It didn't ask for pending case#'s anywhere.
I tried calling customerservice but I get this message that CSR work only between 8-6 Mon-Fri and is asking me to call back later though I called at 10am.
kanyewest
04-19 12:09 PM
I was on H1B until Feb 2009 and I applied for COS to H4 in Feb 2009. USCIS has received my COS application, and it is still pending with USCIS for 2 months now.
1. Can a new employer apply for a new cap-exempt H1B for me (technically a transfer, as I was on H1B for 2 years before)?
2. In that case, do I need to submit paystubs and W2s from when I last held H1B status?
1. Can a new employer apply for a new cap-exempt H1B for me (technically a transfer, as I was on H1B for 2 years before)?
2. In that case, do I need to submit paystubs and W2s from when I last held H1B status?
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