Saturday, June 11, 2011

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  • bigboy007
    11-01 11:36 AM
    This procedure in CT is bind boggling , the reason for all this headache is My wife got a job in CT and my Job is in IL. I requested my employer whether he would allow me work remotely ( i am a consultant though) they agreed for it and HR manager got back to me saying even though u r changing residing address , and since ur working remotely in IL there is no need of change of worklocation amendment for LCA or H1B . Now CT DMV says they need an CT employer Letter or else they will not issue a license .. system ... this procedure is not commendable. if nothing works i feel i have no other option continue maintaining IL State plate and License.





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  • wandmaker
    12-19 01:23 AM
    Is it true it is must to use EAD to invoke AC 21? I am not sure but people said I cannot use H1 but EAD to invoke Ac 21........
    if you invoke AC21 means you have to use EAD not H1B......

    AC21: You are letting USCIS know that you will not be working for GC sponsoring employer as you have found a new similar/same job with some one else.

    EAD/H1B: EAD is an work authorization, which allows to you work for any one. H1B is allows to you work for an sponsoring employer. If your new employer agrees you take you on board then do an H1 transfer, your title will be "similar/same position".





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  • itsmesabby
    07-06 02:57 PM
    Using AP does not change one's immigration status. It is just a travel document. You will continue to maintain your H1-B even if you use the AP to re-enter.

    Using AP has no relation to using EAD. I have confirmed this with my attorney as well.





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  • logiclife
    02-01 06:40 PM
    It doesnt matter who the President is, on issues of legal skilled immigration.

    Immigration reform, like any other big reform, needs changes in laws, which needs initiations and actions from CONGRESS.

    In Congress, we have a presistent problem of a filibustering senate.

    What we need in 2008 elections is the kind of senators who oppose us to lose elections and pro-immigration senators to win elections. Not only that, if one party gets over 55-57 senators, then filibuster threat is mitigated severly, because its easy to find 3-4 senators from minority party to break ranks and vote FOR a particular bill or amendment.

    So what you need is a heavily tilted senate that has over 55 senators of just one party so that they can overcome filibuster and legislate big fixes for a change rather than naming post-offices and passing budgets.

    The senate has 100 seats, with each senator facing election every 6 years. So each election cycle (every 2 years) there are one third of senators facing re-election.

    This time, there are 34 senators facing re-election. Out of this 22 are Republicans and 12 are Democrats. Republicans have more seats to defend then Democrats. Plus about 4-5 Republicans are retiring so its easier to pick up those seats for Democrats than to beat a sitting senator.

    If a Democratic tide takes place, then senate could tilt heavily Democratic in 2008 and would take care of filibuster issue where each measure needs 60 votes to pass. Nonetheless, you have to remember that Democrats or Republicans are easily divided when legislating immigration and it has a way of dividing parties like no other. Last year, Immigration CIR bill faced opposition from both sides - Republican and Democratic.

    THIS IS NOT AN ENDORSEMENT OR SUPPORT OF ANY KIND FOR ANY PARTY OR CANDIDATE. IV is NEUTRAL AND IT ALWAYS HAS BEEN.



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  • sk2006
    08-19 01:34 PM
    Intehan,
    Thanks.

    IV is great..

    There are a few suckers who gave me red dots for this post.
    This was my first post and I dont think I wrote anything offending.





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  • uma001
    07-24 03:41 PM
    More details are needed to answer this question better.

    I think that any time is a good time - it is better to start the process early. If the company is paying for the process - what is the harm. He should go ahead... If he is planning to leave the company and is required to sign some type of agreement to start GC process - then it will be a different story.


    Well, If they file it now, they get queries like ' Why do you need this guy when there are so many americans looking for job. Need detailed documentation and business necessities to sponsor green card for this person'...this happened to three of my friends recently.

    Finally it is up to you whether you want to go ahead now or later.



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  • zCool
    04-03 01:30 PM
    In that case, just do the best you can,
    This type of issue used to be answered and helped by unitednations
    In fact he was a miracle worker when it came to A2P. I haven't come across posting from him in a quite a while but do check archives from IV and immigrationportal. You need someone of his knowledgebase





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  • macml
    01-29 05:43 PM
    Hi, I only paid a one time fee of $170 for the AP. To expedite the application it took only a day( day we called ) and with a week we received confirmation!



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  • psaxena
    06-30 01:13 PM
    When I asked my attorney she said no you cannot.. thats what I quoted here.

    Now with your suggestion, where this H1B gonna be coming from, the every year quota or will be the part of the existing H1B( that means one will not have to wait for the yearly quota.)

    On visa revalidation visa stamp will show which H1B , the fulltime one or parttime?

    This way everyone running out of the 6 years on Visa can actually use this route to have a total 11 years without filing the I-485. Moreover if this is true, everyone can have the backup H1B from any company in case they loose the jobs they can have the backup H1B to stay in status in the country. Now the other thing from that arises is if the main H1B is terminated on Layoff, which LCA will be in effect for salary condition.

    I can work in the Software company fulltime but at the same time can work in a motel parttime, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.

    Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.

    Mr Saxena

    Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.

    Now on to the OP :-

    YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
    It would be a seperate case.

    It should not have any effect on your current H1 or 140.





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  • WeShallOvercome
    07-23 06:03 PM
    Another issue that I think people like me mght face is if we are already in our 7th year H1B. If we want to invoke AC21 without having EAD in hand, we have to apply for H1 transfer. Now if our employer does not gove I-485 RN or I-140 approval notice, how can we apply for H1B extension?

    I think that is their strategy,

    don't give I-485 RN, don't give I-140 Approval notice, Don't let them apply EAD/AP.........Is there any way out of this if we want to invoke Ac21 in this case?



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  • JunRN
    12-21 11:19 AM
    Posted by 3 hours ago

    "Both kurup65 and rathna1 registered from the same IP address within 29 and both posted I-485 approvals with PD dates out of whack. Don't trust them. We'll delete these users in due time."

    http://www..com/discuss/485eb/78889113/

    They could be a couple (husband and wife) sharing same computer with same IP Address and with same PD (cross-chargeability).

    We are in democratic country. Why not ask them first? Give them due process.





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  • logiclife
    02-05 05:04 PM
    This article has an overall competitiveness argument saying that the American Competitiveness is not under a threat.

    The PACE act is to protect that IN ADVANCE from happening...ie. having the american competitiveness under a threat from India and China.

    I am going to discredit one argument in his article:

    He says: We do an outstanding job of education for people ages 18 to 65. I beg to differ. If that is his argument to claim that there is no shortage of talent, then he ought to read a survey report funded by Pew Charitable research. The tools used was the same used by National Assessment of Adult Literacy, the government's examination of English literacy among adults.

    More than 50% of students at four-year schools and more than 75% at two-year colleges lacked the skills to perform complex literacy tasks.

    That means they could not interpret a table about exercise and blood pressure, understand the arguments of newspaper editorials, compare credit card offers with different interest rates and annual fees or summarize results of a survey about parental involvement in school.


    The survey examined college and university students nearing the end of their degree programs. The students did the worst on matters involving math, according to the study.

    Almost 20% of students pursuing four-year degrees had only basic quantitative skills. For example, the students could not estimate if their car had enough gas to get to the service station. About 30% of two-year students had only basic math skills.

    The full article was published recently on all major media outlets including CNN, MSNBC and USA today.


    http://www.cnn.com/2006/EDUCATION/01/20/literacy.college.students.ap/


    http://www.usatoday.com/news/education/2006-01-19-college-tasks_x.htm



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  • polapragada
    10-23 05:56 PM
    This seems pretty amazing. I wonder how it will play out in action.

    "On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
    Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.


    * WHO WILL BENEFIT FROM THE NEW LAW?
    Not only does the new law eliminate the infamous "widow penalty", it does so much more!
    When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
    There are few options for surviving relatives:
    For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
    There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.

    1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
    2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
    3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
    4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
    5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
    Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.

    ........
    * EXAMPLE #4 - Employment-Based Petition
    Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".





    * CONCLUSION

    The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
    However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."

    http://shusterman.typepad.com/nation...y-members.html


    It is very good law...Thanks for sharing..





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  • singhsa3
    08-19 10:59 AM
    Agreed and those kind of things should be shunned. There should strict self regulation regarding solicitations
    I can see +ve in your thread, but some of us take advantages, for example amway is the best, and there are more.



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  • vnsriv
    03-28 10:25 AM
    Well Jnayar & Berkeleybee,
    Thanks for your help.





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  • lazycis
    10-29 03:52 PM
    Has anybody changed from Attorney to No Attorney? G-28 form has instructions on how to change an attorney, but there is nothing to cancel it altogether.

    I've done it. Well, basically my attorney sent a notice to the USCIS, but I think you can do it too by sending a simple letter to the Service Center. There is no form for that as far as I know.



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  • pappu
    04-24 11:14 AM
    OK why dont we have that link that shows about bills anymore?? I mean on the home page...was that intentionally removed?

    We removed the link and the thread. Announcing the bills in advance did not have its desired effect and motivation in members to help themselves by supporting it.

    We saw members discussing the issue to its death and shooting themselves in the foot by criticizing it rather than trying to work together to get more support for it.

    IV has successfully done lobby day this week. Many members from Trstate and Texas were in DC and lobbied for admin fixes as well. Some state chapter members even contributed to pay for the expenses of members that traveled to DC.

    Our Lobbyists are also working on pushing the bills forward. We are privy to the details on all bills and will announce on the forum at a later date. It is time for members to help themselves by supporting the initiatives by IV and strengthen the organization.





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  • eucalyptus.mp
    02-16 03:37 PM
    I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
    Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
    Is there any problem now a days for H1 Transfers ?
    Please give me your valuable suggestions.



    Thanks...





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  • sac-r-ten
    11-19 11:31 AM
    I know of an acquaintance who worked for a reputed client w/o SSN for 4 months. He eventually got his SSN 6 months after applying. This was in NJ and his was first time H1B.





    jsb
    08-31 09:43 AM
    Is it Received date or Notice date?
    There is a separate thread on Receipt Date/Notice Date. Note that on the Processing Dates page, USCIS makes reference to 'receipt notice date', which is close to date a processing center received the case (which in some cases, is several months later than the date stamped on your receipt, which is the date USCIS received your case in the mailroom).

    Also Published dates appear to be to indicate last case processed. Thus if published date for a processing center is Aug 31, 2007, it means that the center believes that all cases prior to this date have been processed. It does not mean they have not seen, or will not see, any cases received (by the center) after this date.

    Further, strict sequenced processing is not feasible. Cases are distributed to IO's in lots. Thus if case 1-100 are given to A, and 101-200 are given to B, and both begin working at the same time starting at first case they have in their lot, case 101 will be seen much earlier than case 100, etc.





    ramaonline
    10-15 03:01 PM
    Per murthy.com:
    h1 status ends when you start using ead for the current or new part-time/full time job. You can switch to ead for the current job and also work part time

    Please confirm this with an immig attny - there is lot of confusion regarding this.



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