paskal
12-08 11:31 PM
Dear friends,
We are hoping to here from members in MN, there is much to be done yet...let us build on the energy from these last days.
Please visit the Chapters thread in the members only area and post your info and ideas in the MN chapter thread. Thanks!
OR use this thread if it is just more convenient....
We are hoping to here from members in MN, there is much to be done yet...let us build on the energy from these last days.
Please visit the Chapters thread in the members only area and post your info and ideas in the MN chapter thread. Thanks!
OR use this thread if it is just more convenient....
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Dhundhun
07-22 02:06 AM
And on the top of that giving red flags.
One person already decided to be away from such "GUNDA RAJ". I'll also abstain for couple of weeks
Hope admins are competent enough to notice it.
One person already decided to be away from such "GUNDA RAJ". I'll also abstain for couple of weeks
Hope admins are competent enough to notice it.
GotGoose?
04-08 02:59 PM
What do you mean by the text needs more work?
I'm a beginner so I try to learn where I can.
I'm a beginner so I try to learn where I can.
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gcdreamer05
11-19 12:55 PM
The vermont service center says 2 months for h1b extensions, mine has been pending for 75 days, so i called the uscis today and guess what they told me, the processing times have been updated on teh web site but it is very difficult for us to follow them, i would suggest you wait for 90 days and see if there is any change in your online status if not call me back.
Then why do these people keep updating monthly processing dates if they cannot stick to their words.
I believe the processing times are just a gimmick to show progress to press....:mad:
Then why do these people keep updating monthly processing dates if they cannot stick to their words.
I believe the processing times are just a gimmick to show progress to press....:mad:
more...
hariswaminathan
11-20 04:06 PM
1) No.
2) Other then an Emergency you can't expedite.
3) If you are currently on H1, then she can enter on H4.
4) Same answer as above. You can enter on AP, and if you continue to maintain H1 status, then she can enter on H4.
1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.
2) Other then an Emergency you can't expedite.
3) If you are currently on H1, then she can enter on H4.
4) Same answer as above. You can enter on AP, and if you continue to maintain H1 status, then she can enter on H4.
1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.
qualified_trash
11-02 01:32 PM
rajiv khanna is good. he took my wife's case which was messed up by another lawyer and helped her get the work visa with change of status so she could start working here.
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add78
10-02 09:48 AM
This is a little tricky.
A person is in a valid H1-B status when
1) He/She is a full time employee of the Sponsoring company AND
2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
#2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.
Hope This Helps.
If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
IV = I+We
A person is in a valid H1-B status when
1) He/She is a full time employee of the Sponsoring company AND
2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
#2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.
Hope This Helps.
If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
IV = I+We
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gcdedo
05-25 06:40 PM
Does anybody have actual TEXT from Managers Amendment from Thomas?
more...
sgX05
02-12 10:04 AM
All my 140,EAD,AP, H1 renewal approvals have all been from NSC, never had any application at TSC.
So I guess it may just be a case of USCIS balancing the case load between NSC, TSC, however I would expect others to see similar moves as well in that case.
So I guess it may just be a case of USCIS balancing the case load between NSC, TSC, however I would expect others to see similar moves as well in that case.
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mdross2
11-16 01:19 PM
Hi All
I have a query, Maybe some of the experts here can help me out.
1. I came to the US in 2003 on a L-1 via company A.(I have the original petition)
2. I switched to H-1 via company B in 2005 .(I have the copy of I-797A)
3. In 2006 I switched to company C. (I have the original for I-797A)
All this while I was here(U.S) only . I am going for a vacation (much needed :-) to India next month. I need to get a VISA stamped to come back.
Question 1. - The I-94 I have stapled in my passport is when I entered US. There have been 2 I-94's after that (from I-797A from company B and company C) ... Which one of those I need to submit when I go to India ? If its from A,B and C ...Does it have to be from the original since I don't have the original I-797A from company B ?)
Question 2. - As far as docs required for VISA stamping interview are concerned I have read various websites and posts and most of them say that I need the original I-797A only for the current (company C) H-1 petition.The copies of I-797A from the old employers will suffice too. Is that correct ?
Thanks.
I have a query, Maybe some of the experts here can help me out.
1. I came to the US in 2003 on a L-1 via company A.(I have the original petition)
2. I switched to H-1 via company B in 2005 .(I have the copy of I-797A)
3. In 2006 I switched to company C. (I have the original for I-797A)
All this while I was here(U.S) only . I am going for a vacation (much needed :-) to India next month. I need to get a VISA stamped to come back.
Question 1. - The I-94 I have stapled in my passport is when I entered US. There have been 2 I-94's after that (from I-797A from company B and company C) ... Which one of those I need to submit when I go to India ? If its from A,B and C ...Does it have to be from the original since I don't have the original I-797A from company B ?)
Question 2. - As far as docs required for VISA stamping interview are concerned I have read various websites and posts and most of them say that I need the original I-797A only for the current (company C) H-1 petition.The copies of I-797A from the old employers will suffice too. Is that correct ?
Thanks.
more...
chanduv23
09-03 04:05 PM
I spoke with a 2nd level officer and came to know that my case is preadjudicated..but still not assigned to an officer and obviously the visa number has not been assigned. Is there anything I could do to make my case assigned to an IO in order to get the visa number and ofcourse the CPO?? Anyone experienced this??
If your priority date is current, you may try opening a SR, though not sure if that would help.
We don't know how internal processes work.
Just chill, don't panic - your case will be assigned a visa number soon.
If your priority date is current, you may try opening a SR, though not sure if that would help.
We don't know how internal processes work.
Just chill, don't panic - your case will be assigned a visa number soon.
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validIV
03-25 01:49 PM
How come you are being paid if you are unemployed?
more...
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485Mbe4001
04-30 12:28 PM
... does it imply that you can work abroad while your work GC is being processed... speculation, no doubt:rolleyes:
According to the WSJ Article today (4/30/07):
Eight (years) refers to the number of years designated to clear the backlog of pending applications for permanent residency documents, or "green cards," from persons abroad or living here with a legal work visa. ... the application backlog would be confined to people who applied before May 2005, when major immigration legislation was introduced in the Senate in the last Congress
http://immigrationvoice.org/forum/showthread.php?t=3900&page=49
:confused:
I am on EB3 RW with PD of Feb 06. Does this mean even after CIR + SKIL passes and gets enacted, causing PDs to move forward significantly or become current in some categories and allowing us to file 485 & EAD... we have to wait 8 more years in preadjucation/ FBI name check delays/ Service Center Application backlogs (current NSC backlogged to Sept 06 for EB based 485)?
I am really freaked out. Can someone please shed some light on this.
(I posted this in another forum, but it seems that was shutdown. It's also on News Articles thread - but since that's for news only I wasn't sure if my question would get answered there, so re-posting it. Admin(s), if you must delete this, atleast send me a PM with answer to me question if you know it. Thanks.)
According to the WSJ Article today (4/30/07):
Eight (years) refers to the number of years designated to clear the backlog of pending applications for permanent residency documents, or "green cards," from persons abroad or living here with a legal work visa. ... the application backlog would be confined to people who applied before May 2005, when major immigration legislation was introduced in the Senate in the last Congress
http://immigrationvoice.org/forum/showthread.php?t=3900&page=49
:confused:
I am on EB3 RW with PD of Feb 06. Does this mean even after CIR + SKIL passes and gets enacted, causing PDs to move forward significantly or become current in some categories and allowing us to file 485 & EAD... we have to wait 8 more years in preadjucation/ FBI name check delays/ Service Center Application backlogs (current NSC backlogged to Sept 06 for EB based 485)?
I am really freaked out. Can someone please shed some light on this.
(I posted this in another forum, but it seems that was shutdown. It's also on News Articles thread - but since that's for news only I wasn't sure if my question would get answered there, so re-posting it. Admin(s), if you must delete this, atleast send me a PM with answer to me question if you know it. Thanks.)
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martinvisalaw
04-06 12:48 PM
The perm is for EB-2 which requires a Masters Degree (Foreign Degree acceptable). I've a Bachelors from UK which is 3 years and a Masters from UK which is 1 year. During the I-140 process will there be a problem coz of this.
I think that there could be a problem, unfortunately. You only have 4 years of 3rd level education, which may not be equivalent to a US master's degree, in the view of CIS. UK bachelor's degrees can be equated as equivalent to a US bachelor's degree, if you also did A-levels, because A-levels are considered one year of college in the US. Make sure that your company's lawyer is very familiar with case law and regulations regarding educational equivalencies. Your situation is not clear-cut.
I think that there could be a problem, unfortunately. You only have 4 years of 3rd level education, which may not be equivalent to a US master's degree, in the view of CIS. UK bachelor's degrees can be equated as equivalent to a US bachelor's degree, if you also did A-levels, because A-levels are considered one year of college in the US. Make sure that your company's lawyer is very familiar with case law and regulations regarding educational equivalencies. Your situation is not clear-cut.
more...
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Ann Ruben
04-22 11:46 AM
You can use the unexpired H-1 visa UNLESS your prior employer has withdrawn the underlying petition in which case the visa is void.
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mdmd10
08-29 08:37 AM
yes...good idea! If those ignorant buffoons from NumbersUSA can spread false propaganda...why not spread the light.
The truth will set everyone free.
The truth will set everyone free.
more...
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rajivkane
12-08 11:17 PM
Guys!
Thanks for your answers.
Regards,
Raj
Thanks for your answers.
Regards,
Raj
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rahul2699
05-13 08:35 AM
Hello -- How long does it usually take to get access to the donor forum? I've signed up for recurring contributions to the effort via Paypal yesterday and wondering when i'll be able to get access. I am not sure if this is the right place to post this or not but just curious..
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gcwait2007
12-26 10:16 AM
Once again Thanks, Bestin.
I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.
I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.
I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?
^^^bump^^^^
any answer please? When I am working on H1-B, why should I keep my EAD current?
I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.
I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.
I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?
^^^bump^^^^
any answer please? When I am working on H1-B, why should I keep my EAD current?
roseball
04-20 09:24 AM
You should file for amendment before your current I-94 expires....If you already have a I-94 from Kaplan, do it asap...Your lawyer should have known better....
navkap
09-20 04:26 PM
From Yahoo News
http://news.yahoo.com/fc/US/Immigration
WASHINGTON - The House voted Wednesday to require Americans to show proof of citizenship in order to vote, and the Senate moved to build a 700-mile fence along the Mexican border as Republicans sharpened attacks on illegal immigration before the midterm elections.
The 228-196 House vote on a new photo ID plan and the Senate's consideration of the fence were both part of a get-tough policy on illegal immigrants that Republicans have embraced after Congress' failure to agree on broader legislation that would set a path for undocumented workers to attain citizenship.
House GOP leaders have insisted that tighter borders and tougher laws must precede more comprehensive immigration changes. The House passed the fence bill last week and plans votes Thursday on other enforcement measures: to increase penalties for people building tunnels under the border, make it easier to detain and deport immigrant gang members and criminals and clarify the ability of state and local authorities to detain illegal immigrants.
Republican sponsors of the voter identification bill said it was a commonsense way to stop fraud at the polls. People need photo IDs to board planes, buy alcohol or cash checks, said Rep. Vernon Ehlers (news, bio, voting record), R-Mich., chairman of the House Administration Committee. "This is not a new concept."
"This is what Americans want," said Rep. John Mica (news, bio, voting record), R-Fla., "They want safe borders and they want safe ballots."
But Democrats assailed the legislation, saying it could hurt minorities, the poor and the elderly � groups that tend to vote Democratic � who might have trouble producing a photo identification.
"This bill is tantamount to a 21st century poll tax," said Democratic Whip Steny Hoyer, D-Md. "It will disenfranchise large number of legal voters."
Rep. Ike Skelton (news, bio, voting record), D-Mo., said he was initially denied a voter ID required under a Missouri state law because he doesn't have a driver's license and couldn't immediately produce a passport or birth certificate. His congressional ID card was not accepted.
A Missouri court earlier this month struck down the state law, and on Tuesday a state superior court judge in Georgia ruled that that state's law requiring a photo ID was an unconstitutional condition for voting.
The bill would require everyone to present a photo ID before voting in federal elections by 2008. By 2010 voters would have to have photo IDs that certified they were citizens. In response to criticism that this would be a burden for the poor, the bill stipulates that states must provide the identification cards free of charge to those who can't afford them.
The Senate, meanwhile, voted Wednesday to take up a bill to build a 700-mile fence along one-third of the U.S.-Mexico border.
Action on the fence, which could cost billions of dollars, comes four months after the Senate approved legislation that, along with tightening border security, created a guest worker program and outlined how people in the country illegally could work toward legal status and eventual citizenship.
President Bush has supported this broader approach, but it has met strong resistance in the House, where opponents have said it was tantamount to amnesty for illegal immigrants.
Bush, in an interview with CNN's Wolf Blitzer, said he would sign a fencebuilding bill as part of efforts to strengthen the border. But he added, "I would view this as an interim step. I don't view this as the final product. And I will keep urging people to have a comprehensive reform."
Senate Majority Leader Bill Frist, R-Tenn., said, "While I've made it clear that I prefer a comprehensive solution, I have always said we need an enforcement-first approach to immigration reform."
Democratic leader Harry Reid of Nevada countered, "We can build the tallest fence in the world and it won't fix our broken immigration system." To do that, he said, "we need the kind of comprehensive reform that the Senate passed earlier this year."
The current bill wouldn't provide funding to cover costs of the fencing and other barriers aimed at preventing illegal entry. About $1 billion for the fencing is likely to be included in a bill for the Department of Homeland Security that Congress is expected to approve before its scheduled adjournment next week for the elections.
Also on Wednesday, a bipartisan task force recommended that Congress provide a path to legal status for immigrants who can demonstrate steady employment, knowledge of English and payment of taxes and who pass a background security check.
The panel, chaired by Spencer Abraham, former Republican senator from Michigan and energy secretary, and Lee Hamilton, former Democratic representative from Indiana and chair of the 9/11 Commission, also urged new verification mechanisms to assist employers in hiring only authorized workers.
http://news.yahoo.com/fc/US/Immigration
WASHINGTON - The House voted Wednesday to require Americans to show proof of citizenship in order to vote, and the Senate moved to build a 700-mile fence along the Mexican border as Republicans sharpened attacks on illegal immigration before the midterm elections.
The 228-196 House vote on a new photo ID plan and the Senate's consideration of the fence were both part of a get-tough policy on illegal immigrants that Republicans have embraced after Congress' failure to agree on broader legislation that would set a path for undocumented workers to attain citizenship.
House GOP leaders have insisted that tighter borders and tougher laws must precede more comprehensive immigration changes. The House passed the fence bill last week and plans votes Thursday on other enforcement measures: to increase penalties for people building tunnels under the border, make it easier to detain and deport immigrant gang members and criminals and clarify the ability of state and local authorities to detain illegal immigrants.
Republican sponsors of the voter identification bill said it was a commonsense way to stop fraud at the polls. People need photo IDs to board planes, buy alcohol or cash checks, said Rep. Vernon Ehlers (news, bio, voting record), R-Mich., chairman of the House Administration Committee. "This is not a new concept."
"This is what Americans want," said Rep. John Mica (news, bio, voting record), R-Fla., "They want safe borders and they want safe ballots."
But Democrats assailed the legislation, saying it could hurt minorities, the poor and the elderly � groups that tend to vote Democratic � who might have trouble producing a photo identification.
"This bill is tantamount to a 21st century poll tax," said Democratic Whip Steny Hoyer, D-Md. "It will disenfranchise large number of legal voters."
Rep. Ike Skelton (news, bio, voting record), D-Mo., said he was initially denied a voter ID required under a Missouri state law because he doesn't have a driver's license and couldn't immediately produce a passport or birth certificate. His congressional ID card was not accepted.
A Missouri court earlier this month struck down the state law, and on Tuesday a state superior court judge in Georgia ruled that that state's law requiring a photo ID was an unconstitutional condition for voting.
The bill would require everyone to present a photo ID before voting in federal elections by 2008. By 2010 voters would have to have photo IDs that certified they were citizens. In response to criticism that this would be a burden for the poor, the bill stipulates that states must provide the identification cards free of charge to those who can't afford them.
The Senate, meanwhile, voted Wednesday to take up a bill to build a 700-mile fence along one-third of the U.S.-Mexico border.
Action on the fence, which could cost billions of dollars, comes four months after the Senate approved legislation that, along with tightening border security, created a guest worker program and outlined how people in the country illegally could work toward legal status and eventual citizenship.
President Bush has supported this broader approach, but it has met strong resistance in the House, where opponents have said it was tantamount to amnesty for illegal immigrants.
Bush, in an interview with CNN's Wolf Blitzer, said he would sign a fencebuilding bill as part of efforts to strengthen the border. But he added, "I would view this as an interim step. I don't view this as the final product. And I will keep urging people to have a comprehensive reform."
Senate Majority Leader Bill Frist, R-Tenn., said, "While I've made it clear that I prefer a comprehensive solution, I have always said we need an enforcement-first approach to immigration reform."
Democratic leader Harry Reid of Nevada countered, "We can build the tallest fence in the world and it won't fix our broken immigration system." To do that, he said, "we need the kind of comprehensive reform that the Senate passed earlier this year."
The current bill wouldn't provide funding to cover costs of the fencing and other barriers aimed at preventing illegal entry. About $1 billion for the fencing is likely to be included in a bill for the Department of Homeland Security that Congress is expected to approve before its scheduled adjournment next week for the elections.
Also on Wednesday, a bipartisan task force recommended that Congress provide a path to legal status for immigrants who can demonstrate steady employment, knowledge of English and payment of taxes and who pass a background security check.
The panel, chaired by Spencer Abraham, former Republican senator from Michigan and energy secretary, and Lee Hamilton, former Democratic representative from Indiana and chair of the 9/11 Commission, also urged new verification mechanisms to assist employers in hiring only authorized workers.
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