rustamehind
08-10 10:23 AM
well you guys are the kings of jumping ahead of the line using labor substitution...how can any of us be knowledgable on the subject...contact unitednations or ppl like him who "help" the skirters of the law.
svan77: if a person posts on a forum he or she will get the opinions of members whether he/she likes it or not. all of us have our beef with labor substitors and ppl with 3 yr degrees or aptec/niit diplomas who just believe in jumping ahead of the line and have no qualms about it.
Well said yabadaba , the fact is that Desi Consulting companies have used labour sub as a carot for so long , some to the extent of selling it.And there were people who were always interested too.Many of them were not confident of clearing labour on their own credentials ( BSC Zoology, BBA, BCOM etc..) or probably wanted to jump the line.
A mistake on USCIS part too , why they allowed this malpractice for so long , even now when they have stopped it , quite a damage is already done.
svan77: if a person posts on a forum he or she will get the opinions of members whether he/she likes it or not. all of us have our beef with labor substitors and ppl with 3 yr degrees or aptec/niit diplomas who just believe in jumping ahead of the line and have no qualms about it.
Well said yabadaba , the fact is that Desi Consulting companies have used labour sub as a carot for so long , some to the extent of selling it.And there were people who were always interested too.Many of them were not confident of clearing labour on their own credentials ( BSC Zoology, BBA, BCOM etc..) or probably wanted to jump the line.
A mistake on USCIS part too , why they allowed this malpractice for so long , even now when they have stopped it , quite a damage is already done.
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GCBy3000
01-02 11:41 AM
1. Find an employer who is willing to H1 sponsorship.
2. The filing data starts by April 1st I beleive. Check with attorney.
3. Make sure your future employer does all the paper work required to file an H1. Ex. adv etc etc. Do not wait until April as the quota gets over in very short span of time. May be in few days.
4. Make sure you have all the paper work ready by march end and file it on April 1st or 2nd.
5. Check with attorney whether you need stamping to start working. I dont think so, but make sure. If you need a stamping, make proper arrangements to get it stamped. Once all are done, you are ready to rock from OCT 2007.
Time consuming part is finding an employer to do H1 and working with them to all the ground work before April 2007. Good luck.
Hi Group,
Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?
Thanks in advance.
2. The filing data starts by April 1st I beleive. Check with attorney.
3. Make sure your future employer does all the paper work required to file an H1. Ex. adv etc etc. Do not wait until April as the quota gets over in very short span of time. May be in few days.
4. Make sure you have all the paper work ready by march end and file it on April 1st or 2nd.
5. Check with attorney whether you need stamping to start working. I dont think so, but make sure. If you need a stamping, make proper arrangements to get it stamped. Once all are done, you are ready to rock from OCT 2007.
Time consuming part is finding an employer to do H1 and working with them to all the ground work before April 2007. Good luck.
Hi Group,
Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?
Thanks in advance.
shana04
02-13 10:13 AM
Thanks Shana for AC21 Format!! Is there any way to find out LC information for RIR applications?? I know PERM LC info. is posted on foreign LC website.
through employer verification letter
through employer verification letter
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icecolor
02-12 07:42 AM
You need to file form 4852. That is super easy and I have filed it once.
There are no problems with that whatsoever.
You employer cannot pull a single hairstring from your head. So do not worry about the legal notice. That is all bull. He is probably worrying day and night about the DOL complaint you made.
What you need to, further, is go to the local IRS office and talk to one of the employee about not getting your W-2. Not providing a W-2 is serious issue.
There are no problems with that whatsoever.
You employer cannot pull a single hairstring from your head. So do not worry about the legal notice. That is all bull. He is probably worrying day and night about the DOL complaint you made.
What you need to, further, is go to the local IRS office and talk to one of the employee about not getting your W-2. Not providing a W-2 is serious issue.
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Jerrome
02-11 01:48 PM
i agree.There are 2 reasons.
1. Last year EB2(I) received only 7K primary EB2(14kTotal/2).My guess is that there are definitly more than 7K pending for EB2(I) before 2005.
2. This year there won't be much FB spillover.So we may not even get 7K for EB2(I) this year.
1. Last year EB2(I) received only 7K primary EB2(14kTotal/2).My guess is that there are definitly more than 7K pending for EB2(I) before 2005.
2. This year there won't be much FB spillover.So we may not even get 7K for EB2(I) this year.
glen
05-25 12:36 PM
Met3259, thanks for informative post. I for sure was not aware.
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plp039
10-02 01:35 PM
hi,
my lawyers filed for AOS (for my wife and me) on july 2nd in NSC. still dont have any reciepts/ead/ap etc. i have no idea why. my i-140 was approved in TSC. i was hoping that i'd get the reciepts since everyone seems to be getting them!
puzzled
plp
my lawyers filed for AOS (for my wife and me) on july 2nd in NSC. still dont have any reciepts/ead/ap etc. i have no idea why. my i-140 was approved in TSC. i was hoping that i'd get the reciepts since everyone seems to be getting them!
puzzled
plp
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Pineapple
12-04 06:39 PM
:eek:
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whitecollarslave
02-12 06:41 PM
He sent me an email to pay $3500, do you think he will go legal for this, I did not sign any contract with him.
If he goes to court will i loose(he may create documents) or will i be in trouble if he wins the case.
Please suggest.
All this for $3500? Its going to cost him a lot more if he wants to file a lawsuit.
I don't think anybody will tell you for sure what the court will rule. Even if you pay a lawyer he will not tell you that - not in writing. Chances are that this will not even go to court and based the discussion on this thread its very unlikely if this will hold in any court.
BTW, how did he come up with the figure 3500? Is that the salary that was paid to you while you were working for another company? As somebody pointed out earlier if this was the money paid to you as compensation when you did not work for him then he might be reasonable in asking you to re-pay.
Let us know if you any information on what the 3500 figure is for.
An email does not mean anything. You can just ignore it. Unless you have a certified notice from court you have nothing to worry about.
If he goes to court will i loose(he may create documents) or will i be in trouble if he wins the case.
Please suggest.
All this for $3500? Its going to cost him a lot more if he wants to file a lawsuit.
I don't think anybody will tell you for sure what the court will rule. Even if you pay a lawyer he will not tell you that - not in writing. Chances are that this will not even go to court and based the discussion on this thread its very unlikely if this will hold in any court.
BTW, how did he come up with the figure 3500? Is that the salary that was paid to you while you were working for another company? As somebody pointed out earlier if this was the money paid to you as compensation when you did not work for him then he might be reasonable in asking you to re-pay.
Let us know if you any information on what the 3500 figure is for.
An email does not mean anything. You can just ignore it. Unless you have a certified notice from court you have nothing to worry about.
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ca_immigrant
11-27 01:12 AM
This definately looks good...
Good in the sense....some weeks back there was another analysis here that said I will get GC in 2016, now it is saying 2010 -;)
I do not necessarily understand all the details here.....but just hope this will turn out to be true from cut off date perspective....
Thanks IV !
Good in the sense....some weeks back there was another analysis here that said I will get GC in 2016, now it is saying 2010 -;)
I do not necessarily understand all the details here.....but just hope this will turn out to be true from cut off date perspective....
Thanks IV !
more...
nefrateedi
07-19 12:05 PM
Thanks for the responses. How about this question ?
Is it out of status if one gets paid from 2 companies with
2 H1bs , like, If one is on bench but getting paid by that company, starts working with 2nd company on transferred H1b, so it is like double pay for about 2-3 weeks .
If you're getting paid while you're on bench with Company A, and Company B has transfered your H1, and is paying you as well, that's not a problem. The problem arises if you're on bench and are not getting paid. On H1, one has to be paid even if he/she is on bench.
Hope this helps answer your question.
Is it out of status if one gets paid from 2 companies with
2 H1bs , like, If one is on bench but getting paid by that company, starts working with 2nd company on transferred H1b, so it is like double pay for about 2-3 weeks .
If you're getting paid while you're on bench with Company A, and Company B has transfered your H1, and is paying you as well, that's not a problem. The problem arises if you're on bench and are not getting paid. On H1, one has to be paid even if he/she is on bench.
Hope this helps answer your question.
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rockstart
05-15 09:16 AM
I think they want to first help people with US degrees. Since that boosts education industry in US as people thinking of studying in UK Australia will now think of US more postively.
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alias
08-22 01:49 PM
[url]http://www.computerworld.com/action/article.do?
Hira said that one "significant problem" with the Lofgren bills "has to do with using exemptions as a way around tackling the decision of how many [to grant]," and he added the plan to "recapture" was a gimmick to get around the quota issue. Among the questions Congress should look at, says Hira, is the impact of the changes; he indicated, for instance, that the legislation may change incentives, prompting foreign nationals to seek degrees from any U.S. school they can because it will be seen as a path to permanent residency.
I like this one, Congress should listen to Ron Hira if they want to get it right!
Hira said that one "significant problem" with the Lofgren bills "has to do with using exemptions as a way around tackling the decision of how many [to grant]," and he added the plan to "recapture" was a gimmick to get around the quota issue. Among the questions Congress should look at, says Hira, is the impact of the changes; he indicated, for instance, that the legislation may change incentives, prompting foreign nationals to seek degrees from any U.S. school they can because it will be seen as a path to permanent residency.
I like this one, Congress should listen to Ron Hira if they want to get it right!
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sorcerer666
04-29 01:51 PM
Disclaimer: I am just someone who once seriously considered getting a degree in Strategic Studies. I am not from India. If you don't like what I have to say or feel that it is not my *place* to say it, just ignore me. I will not get engaged in an online wrestling match to demonstrate my "e-toughness".
It will not have any major repercussions b/w the 2 countries or any impact on the Green Card situation. Relations b/w US and India encompass a much broader spectrum than just a large defense contract. India's economy presents enormous opportunities for US companies, there is the issue of countering China and not to mention the same view on most regional as well as international security issues. They will not get any where if they start slugging it out every time there is a lost trade deal. India has helped US in the past with Iran's nuclear program while US has shown the importance it gives India by pushing an exception from NSG in nuclear energy.
If anything I am surprised that US is surprised that they lost the bid. Both Rafael and the Typhoon are amazing platforms. I did not read the actual RFP but it is arrogance to assume that the US offerings were inherently any better than the European offerings.
@kumara121: I can assure you that Uncle Sam does not want to "..come and check the planes whenever and wherever it wanted to". If I only had a dollar for every conspiracy theory I hear from people from our part of the world (Pakistan, Indian, Bangladesh) I would have been in Eb-5 years ago :)
The biggest issue was that the US offerings were very comparable to existing Mirage 2000 platform that IAF already has. The MRCA is a long term upgrade and does not make sense to get a plane that is so close to the existing inventory.
Bottom line? The GC aspirants did not gain or loose anything. IAF won by getting a hot fighter, the only loosers are Boeing and Lockhead.
Great analysis!! Eurofighter is newest of them all... moreover, Indians have already made great indigenous design enhancements to the existing SU-30 MKI's that they really wouldn't want an American make anyways. I'm not sure why the SU-35's aren't in that list??
It will not have any major repercussions b/w the 2 countries or any impact on the Green Card situation. Relations b/w US and India encompass a much broader spectrum than just a large defense contract. India's economy presents enormous opportunities for US companies, there is the issue of countering China and not to mention the same view on most regional as well as international security issues. They will not get any where if they start slugging it out every time there is a lost trade deal. India has helped US in the past with Iran's nuclear program while US has shown the importance it gives India by pushing an exception from NSG in nuclear energy.
If anything I am surprised that US is surprised that they lost the bid. Both Rafael and the Typhoon are amazing platforms. I did not read the actual RFP but it is arrogance to assume that the US offerings were inherently any better than the European offerings.
@kumara121: I can assure you that Uncle Sam does not want to "..come and check the planes whenever and wherever it wanted to". If I only had a dollar for every conspiracy theory I hear from people from our part of the world (Pakistan, Indian, Bangladesh) I would have been in Eb-5 years ago :)
The biggest issue was that the US offerings were very comparable to existing Mirage 2000 platform that IAF already has. The MRCA is a long term upgrade and does not make sense to get a plane that is so close to the existing inventory.
Bottom line? The GC aspirants did not gain or loose anything. IAF won by getting a hot fighter, the only loosers are Boeing and Lockhead.
Great analysis!! Eurofighter is newest of them all... moreover, Indians have already made great indigenous design enhancements to the existing SU-30 MKI's that they really wouldn't want an American make anyways. I'm not sure why the SU-35's aren't in that list??
more...
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coolngood4u80
11-10 03:59 PM
wonder why bulletin hasn't come out yet...
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gc_on_demand
11-21 12:12 PM
http://www.change.gov/agenda/immigration_agenda/
bobzibub
You can post there and if you live in California 16th Dist you can call Zoe' office and find out she is willing to bring HR 5882 to floor in Jan 2009.
Any body is here from California 16th Dist ? Please PM me...
bobzibub
You can post there and if you live in California 16th Dist you can call Zoe' office and find out she is willing to bring HR 5882 to floor in Jan 2009.
Any body is here from California 16th Dist ? Please PM me...
more...
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GCwaitforever
05-08 02:40 PM
To all the sufferers, please pursue your case with vigor at every opportunity.
I am glad to see the light at the end of the tunnel. I saw a welcome e-mail from USCIS today in the morning. Took 6 years to get the GC with a total stay of 10 years.
I am glad to see the light at the end of the tunnel. I saw a welcome e-mail from USCIS today in the morning. Took 6 years to get the GC with a total stay of 10 years.
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darslee
07-06 04:59 PM
Who understands the word Gandhigiri. Stop stuff like this :mad:
I am not even Indian and I understand it!
I am not even Indian and I understand it!
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Soul
02-11 11:09 AM
These votes change everytime I look!
Its way too tense for me :x
Anyway, now this battle is over I can finish (start lol) my Kirupaville block...
Hmmm ideas... *thinks*
- Soul :goatee:
Its way too tense for me :x
Anyway, now this battle is over I can finish (start lol) my Kirupaville block...
Hmmm ideas... *thinks*
- Soul :goatee:
spindoctor
07-19 05:47 PM
Hi all legal eagles, advice please
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
Ramba
02-20 10:16 AM
As everyone knows that AOS for those who already in US and CP is for those who are outside US (theoretically). It is a personal choice for a person in US to file either 485 or opt for CP. The reason for CP was a popular choice due to 485 processing delay between 2001 and 2005. Between 2001 and 2004 all EB categories were current for all countries. No one heard of term retrogression in that period. No one was worried about EB2 or EB3. However due to severe processing delay (partially due to increased security check due to 911) in 485 applications during that period, it was taking about 2 years for 485 approvals. During those entire 2 year period visa numbers were current and did not fluctuate as it is happening now. Therefore people opted to go for CP, as US consulates in abroad were not busy. They scheduled the interview right away as PD was current for all categories, during that 5 year period. That�s why CP was popular choice that period. Now, in the retrogression climate and continuous fluctuation in PD (back and forth movement), opting CP is a blunder mistake. Furthermore, now (at least before July 2007 fiasco) 485 approvals are so fast. If PD was current, USCIS was approving 485 with in 2 months before July 07. Therefore one should not even think about CP, if already in US unless if you are in EB1 or EB2-ROW category. Therefore 485 is the only option available to enjoy subsidiary benefits like EAD/AP/AC21. If any one already filed CP, to switch back to AOS they must wait till visa number available to their PD again. It will be a long road, and it complicates. As already mentioned, there is no technical ground to award EAD/AP for CP persons if already in US. If IV goes and talk to USCIS, they will laugh. To achieve same result, one can lobby for administrative fix like awarding EAD/AP for a person whose 140 was approved and legally present in the US in a valid non-immigrant status. This may be possible.
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