gmpa
01-17 01:20 PM
My H1 and family's H4 non-premium extensions were applied on 10/12/07 and approved from Vermont last week on 1/10/08. Approvals not yet physically received. These extensions were on the basis of approved I-140 and retrogressed EB-3 PD.
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leo2606
11-13 09:41 PM
Why does he need to wait?He is talking about previous employer.
Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...
Otherwise.. what are you waiting for :-)
Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...
Otherwise.. what are you waiting for :-)
walking_dude
08-01 11:20 PM
Dear Tennesseans,
I have started the Tennessee chapter of IV with the approval of the IV core. I request you to join me in fighting the injustice heaped on us for no fault of ours. Like all other state chapters IV TN will be a secure and trusted group of like-mided individuals. Hence I request you to provide your full name, IV Id, PHONE NUMBER and Zip Code while submitting request to join the group.
I appreciate your concern for privacy and anonymity. But we also have to keep state chapters clear of anonymous anti-immigrants opposed to our cause. Hence no exceptions will be made to the rule. I will call and verify you as soon as I can. If you feel inconvenienced, please understand that I'll have to call and verify every one who requests to join. This is something we have to bear for the common good of our organization.
Ping me through a Private Message if you feel your request has been unduly delayed. Of course, I can't approve you if you haven't given be the mandatory information essential in approving requests. I appreciate your cooperation in this process.
If you are interested in my Bios, I have previously led the Michigan (MI) chapter. My contributions to IV includes Testimony before the MI Senate when MI state refused to issue DLs to temporary residents. I am a monthly contributor to IV, and have contributed to most of the recent IV funding drives. I am a Sep 18th rally veteran and recently visited Washington DC a few months back - in person - to lobby for some of the bills that are considered 'Hot News' today.
All this is nothing compared to what IV has given back to me as an organization. I was saved thousands of dollars due to July VB reversal. EAD helped me change jobs and leave MI in this tough economic downturn and auto companies inching toward bankruptcy. I just got my 2 year EAD today , and I thank IV for saving me hundreds of Dollars by getting EAD/AP period extended to 2 years. I don't know any other organization or person who has done so much for me. I am immensely grateful to be part of this movement.
It's my pleasure to start a volunteer group in the 'Volunteer State'. Hope we won't be short of volunteers :). It makes me nostalgic about the times MI chapter started as a group of few individuals and today boasts of 60+ members. Lets get organized here too. That's the only way to make our voices heard.
This is my promise to you - I won't ask you to do anything which I haven't done myself. And I won't force you to do anything, unless you feel that waiting for others to step up will not take you anywhere, and you feel ready to do something to help yourself and your family. When you decide to do that, you'll find me by your side working with you.
IV TN Chapter Web Address - http://groups.yahoo.com/group/ivtn
REQUESTS WITHOUT PHONE NUMBER AND COMPLETE INFO WILL NOT BE APPROVED.
I have started the Tennessee chapter of IV with the approval of the IV core. I request you to join me in fighting the injustice heaped on us for no fault of ours. Like all other state chapters IV TN will be a secure and trusted group of like-mided individuals. Hence I request you to provide your full name, IV Id, PHONE NUMBER and Zip Code while submitting request to join the group.
I appreciate your concern for privacy and anonymity. But we also have to keep state chapters clear of anonymous anti-immigrants opposed to our cause. Hence no exceptions will be made to the rule. I will call and verify you as soon as I can. If you feel inconvenienced, please understand that I'll have to call and verify every one who requests to join. This is something we have to bear for the common good of our organization.
Ping me through a Private Message if you feel your request has been unduly delayed. Of course, I can't approve you if you haven't given be the mandatory information essential in approving requests. I appreciate your cooperation in this process.
If you are interested in my Bios, I have previously led the Michigan (MI) chapter. My contributions to IV includes Testimony before the MI Senate when MI state refused to issue DLs to temporary residents. I am a monthly contributor to IV, and have contributed to most of the recent IV funding drives. I am a Sep 18th rally veteran and recently visited Washington DC a few months back - in person - to lobby for some of the bills that are considered 'Hot News' today.
All this is nothing compared to what IV has given back to me as an organization. I was saved thousands of dollars due to July VB reversal. EAD helped me change jobs and leave MI in this tough economic downturn and auto companies inching toward bankruptcy. I just got my 2 year EAD today , and I thank IV for saving me hundreds of Dollars by getting EAD/AP period extended to 2 years. I don't know any other organization or person who has done so much for me. I am immensely grateful to be part of this movement.
It's my pleasure to start a volunteer group in the 'Volunteer State'. Hope we won't be short of volunteers :). It makes me nostalgic about the times MI chapter started as a group of few individuals and today boasts of 60+ members. Lets get organized here too. That's the only way to make our voices heard.
This is my promise to you - I won't ask you to do anything which I haven't done myself. And I won't force you to do anything, unless you feel that waiting for others to step up will not take you anywhere, and you feel ready to do something to help yourself and your family. When you decide to do that, you'll find me by your side working with you.
IV TN Chapter Web Address - http://groups.yahoo.com/group/ivtn
REQUESTS WITHOUT PHONE NUMBER AND COMPLETE INFO WILL NOT BE APPROVED.
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eb3India
04-08 10:50 AM
Tell him that this is NOT India or any other country where they can do 10 things to get votes. I heard this from one guy who is on EAD and thinks something will happen in the election year. purely ludacris..
it means you don't have any experience in US politics, your relative is right election year is going to play some rule in immigration politics, democrats are pitching of hispanic votes they will try to do everything possible to get their vote, but main concern here is American public are against increase in any form of immigration. so odds are itz going to be counter productive for us as our case always depends on illegals.
so your relative is right but itz better for you to change job and get along with your life, if they laws are changed for better you can start your GC with new company and get it without losing lot of time, if not atleast your going to make good money
it means you don't have any experience in US politics, your relative is right election year is going to play some rule in immigration politics, democrats are pitching of hispanic votes they will try to do everything possible to get their vote, but main concern here is American public are against increase in any form of immigration. so odds are itz going to be counter productive for us as our case always depends on illegals.
so your relative is right but itz better for you to change job and get along with your life, if they laws are changed for better you can start your GC with new company and get it without losing lot of time, if not atleast your going to make good money
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Pagal
10-31 12:20 AM
Hello Number30,
For taxation purposes, you are considered just like US citizen as soon as you spend more than 180 days within US.
You can claim all the standard tax deductions/exemptions that are available to any US citizen like EIC (irrespective of your status - on visa, in AOS, PR or citizen) if you file taxes as a resident.
For taxation purposes, you are considered just like US citizen as soon as you spend more than 180 days within US.
You can claim all the standard tax deductions/exemptions that are available to any US citizen like EIC (irrespective of your status - on visa, in AOS, PR or citizen) if you file taxes as a resident.
days_go_by
08-04 07:20 AM
from immigration-law.com
08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?
* The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
* For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
* The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.
08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?
* The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
* For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
* The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.
more...
lskreddy
08-07 03:03 PM
I am a consultant and work for a client. My client wants to extend me a permanent offer and my consulting company that I presently work with would have no problems if I accepted the offer from the client.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
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larmani
10-05 02:41 PM
I am also in the same situation. But not sure about H1 transfer. I posted all the questions to our lawyer and waiting for reply.
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Asian
05-31 10:48 AM
Yes, you're right, Berkeleybee, that no restriction on AC-21 job portability contradicts labor certification stage. But isn't it also true we can change our job to whatever we want once we get GC? Due to the false system, if we lost years waiting in line, why can't they change the rule to make up for it? I think it is a legitimate and justifiable demand.
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jonty_11
06-20 06:15 PM
Thanks.
Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.
as per my Co lawyer..U can add ur spouse at any time before ur appplication is adjudicated upon.
Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.
as per my Co lawyer..U can add ur spouse at any time before ur appplication is adjudicated upon.
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singhsa3
08-13 06:15 PM
Good try though!
1) The award you submitted was academic in nature. USCIS maintains that student awards such as fellowships, scholarships do not meet this criteria. Do you have anythingelse that is nationally recognized? Show me the evidence.
2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.
3) Show the clear evidence that you have performed a leading and critical role in your organization.
4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.
Gurus... do I have a chance with these questions. I don't have any other national or international award such as Presidential Medal or Nobel Prize.
My presentation at international conferences are posters. Nothing great such as plenary talk.
I can submit more evidence of publications and citations.
Letter about my role and responsibilities as leader in my institution.
Thats it. Do I have a chance?
1) The award you submitted was academic in nature. USCIS maintains that student awards such as fellowships, scholarships do not meet this criteria. Do you have anythingelse that is nationally recognized? Show me the evidence.
2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.
3) Show the clear evidence that you have performed a leading and critical role in your organization.
4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.
Gurus... do I have a chance with these questions. I don't have any other national or international award such as Presidential Medal or Nobel Prize.
My presentation at international conferences are posters. Nothing great such as plenary talk.
I can submit more evidence of publications and citations.
Letter about my role and responsibilities as leader in my institution.
Thats it. Do I have a chance?
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up_guy
07-25 09:20 AM
AC21 Attorney Selection (Suggested by new employer Vs selected by you)
================================================== ===
Subject : While changing jobs we have two options
1) Hire your new attorney and you pay for it or
2) Use the attorney that is recommended by your employers and its paid my new employer
Agenda : Discuss Pros and Cons of each options
My views : Its better to use attorney from your new employer because its free, because s/he can better coordinate with the employer to get the offer letter describing same and similar job duties and also if you change to another job again you can change this attorney too..you have options and they are at no cost to you
Does anyone differ from me and has any reason that why should I go for my own attroney (not using new employers attorney) for AC21 ?
Thanks any advance for your participation in this discussion
================================================== ===
Subject : While changing jobs we have two options
1) Hire your new attorney and you pay for it or
2) Use the attorney that is recommended by your employers and its paid my new employer
Agenda : Discuss Pros and Cons of each options
My views : Its better to use attorney from your new employer because its free, because s/he can better coordinate with the employer to get the offer letter describing same and similar job duties and also if you change to another job again you can change this attorney too..you have options and they are at no cost to you
Does anyone differ from me and has any reason that why should I go for my own attroney (not using new employers attorney) for AC21 ?
Thanks any advance for your participation in this discussion
more...
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gc_on_demand
05-01 12:05 PM
1. Do not delay you i-140 application. Your Labor will expire after 180 days of its approval. You can file I-140 normal now, and if PP goes in effect, you can pay the additional fee and convert it to PP.
2. Doesn't matter as of now. Until USCIS prohibits concurrent filing, you can still file I-485 even if your I-140 is pending, if the dates open up in the summer.
Correct .. I am in same situation..
2. Doesn't matter as of now. Until USCIS prohibits concurrent filing, you can still file I-485 even if your I-140 is pending, if the dates open up in the summer.
Correct .. I am in same situation..
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GC109
06-22 02:54 AM
Labor process through PERM can take anywhere from 3 weeks to more than a year (after filing). Most time consuming part is (if you are just initaing the process with your employer) the pre-filing documentation.
If you have a masters or better, and your current job does not REQUIRE a Masters degree, then you might want to ask HR to change/tweak your job profile. If thats an option and they are willing to do it, might take some time, but in the longer run, you will be better off under EB2 than EB3.
You will need letters from all your previous employers, verifying the job discription
Once that is in hand, your company will have to post your job in a newspaper/internal company website/job board and also in a visible place in your company premises for a month (X + 30 days)
After that 30 day period, you wait for any responses for an addidtional 30 days (X+60 days)
After that, your company/HR/Lawyer would need some time to put everything together before filing (X + 70 days)
Bear in mind this is the best case scenario. I started the process in December mid...filed for Labor in 1st week of June.
On your second point (dates being current), Iam very doubtfull that by the time Iam ready to file for 140/485, the dates will be current.
And ofcourse, if this ain't too daunting, THE CIR might put a wrench in your best laid plans, There is a talk about May 15th being the deadline for this process, untill Oct-08 when the new point system comes into play...good luck
Thanks for your response. You have got your Labor approved but don't you think that u can file I140 and 485 concurrently by end of July? Where do think that ur filing is going to get delayed?
If you have a masters or better, and your current job does not REQUIRE a Masters degree, then you might want to ask HR to change/tweak your job profile. If thats an option and they are willing to do it, might take some time, but in the longer run, you will be better off under EB2 than EB3.
You will need letters from all your previous employers, verifying the job discription
Once that is in hand, your company will have to post your job in a newspaper/internal company website/job board and also in a visible place in your company premises for a month (X + 30 days)
After that 30 day period, you wait for any responses for an addidtional 30 days (X+60 days)
After that, your company/HR/Lawyer would need some time to put everything together before filing (X + 70 days)
Bear in mind this is the best case scenario. I started the process in December mid...filed for Labor in 1st week of June.
On your second point (dates being current), Iam very doubtfull that by the time Iam ready to file for 140/485, the dates will be current.
And ofcourse, if this ain't too daunting, THE CIR might put a wrench in your best laid plans, There is a talk about May 15th being the deadline for this process, untill Oct-08 when the new point system comes into play...good luck
Thanks for your response. You have got your Labor approved but don't you think that u can file I140 and 485 concurrently by end of July? Where do think that ur filing is going to get delayed?
more...
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punjabi
09-29 01:02 PM
My suggestion is don't ask for a referral for a good consulting company.
If two consultants are working through a consultancy, their own opinion might differ drastically about the same company. These desi consultancies treat everybody differently.
They do not have set standards. Even if they have some on papers, I have seen none so far who follows those.
They say we will give you 90% of your share. They meet you with smiling face and they talk very politely. And when you ask the Work Order to confirm your rate, they very conveniently change the figure and fax it over to you. This is not an assumption, I have seen it happening before my eyes.
And most of all, they do not feel any remorse or guilt at all.
So, please look for your own. Be careful. Avoid the ones who smile constantly even while chewing the biggest burger on their plate. :-)
Find an American company. They know their state laws and are afraid to commit anything against those.
Good luck, my friend!
Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand
If two consultants are working through a consultancy, their own opinion might differ drastically about the same company. These desi consultancies treat everybody differently.
They do not have set standards. Even if they have some on papers, I have seen none so far who follows those.
They say we will give you 90% of your share. They meet you with smiling face and they talk very politely. And when you ask the Work Order to confirm your rate, they very conveniently change the figure and fax it over to you. This is not an assumption, I have seen it happening before my eyes.
And most of all, they do not feel any remorse or guilt at all.
So, please look for your own. Be careful. Avoid the ones who smile constantly even while chewing the biggest burger on their plate. :-)
Find an American company. They know their state laws and are afraid to commit anything against those.
Good luck, my friend!
Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand
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LostInGCProcess
09-02 10:40 AM
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
I think you are confused with the question. There is no mention of F1. The question is: If a person is on H1 and also has an EAD, what factor determines the switch from H1 to EAD? Are you suggesting one must travel out and in of the country to get the status changed from H1 to EAD? I don't think thats correct.
Please read the question clearly and don't get confused. F1 and H1 are different....but one can have both H1 and EAD (when I-485 is pending).
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
I think you are confused with the question. There is no mention of F1. The question is: If a person is on H1 and also has an EAD, what factor determines the switch from H1 to EAD? Are you suggesting one must travel out and in of the country to get the status changed from H1 to EAD? I don't think thats correct.
Please read the question clearly and don't get confused. F1 and H1 are different....but one can have both H1 and EAD (when I-485 is pending).
more...
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chanduv23
03-14 02:18 PM
My project got over 2 weeks back and I have an EAD. I am looking for jobs and the market is very tight.
So my suggestion - just don't relax because U can safely move jobs on EAD. Keep trying hard. AFAIK there is no difference in the interviewing process so keep trying hard for jobs
So my suggestion - just don't relax because U can safely move jobs on EAD. Keep trying hard. AFAIK there is no difference in the interviewing process so keep trying hard for jobs
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waitnwatch
07-06 11:31 AM
Thanks for your answers. I will consult a lawyer but I have to find one in the first place as I did a self filing.
My PD is current as my I-140 was filed under EB1. My I-485 was received at NSC on July 30, 2007.
Any other suggestions are most welcome.
My PD is current as my I-140 was filed under EB1. My I-485 was received at NSC on July 30, 2007.
Any other suggestions are most welcome.
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mavrick
06-02 05:38 PM
My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.
Nw2GC
05-07 08:32 PM
I will be submitting my paper work soon!
clif
07-26 01:17 PM
How are the dates mentioned in the following press release (on July 20th) to be interpreted:
http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
