Saturday, June 11, 2011

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  • gc_check
    02-11 12:14 PM
    Thanks for the updates. There seems to be something happening at the least. Hopefully some thing works out to get the mess cleared.




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  • Jeff Wheeler
    11-26 09:00 PM
    Honestly, what does it even matter if it is MS biased? He works at MS, and has every right to focus on that content. :P




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  • pappu
    11-21 06:49 AM
    Should we mail paulmcd@cmp.com (Paul McDougall )of information Week.

    See: http://www.informationweek.com/news/showArticle.jhtml?articleID=194700008&subSection=All+Stories
    sure. send it.
    The article says---
    "A lobby group backed by IBM, Microsoft, Intel, and other tech industry giants is urging Congress to pass a new research and development tax credit and increase the supply of H1-B immigrant visas before the current session adjourns."

    H1B visa is not an immigrant visa. It is a non immigrant visa. Everybody confuses H1B visa as the immigrant high skilled visas (Gcs). Moreover this article has no mention of greencards.

    Gcs are not part of their agenda as per their website-- http://www.itaa.org/policy/immigration/

    We will be neglected and our voice will not be heard if we dont do anything. IV core is working hard but they cannot do it alone without the help from each and every member. Each IV member is important to our success. We cannot afford to leave it to others to do it for us. The collective muscle of our efforts will create miracles for us. I see from a total of 450+ members that logged in yesterday only 12 people sent emails to 60 min. This kind of response to calls for action will not help our cause. Same goes for the state chapters. How many of us have actually gone to the state chapter thread and signed up? Pls. ask this yourself before posting new messages on the forum.




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  • GCnew
    03-17 12:45 PM
    No. I sent my application in June. It was received on June 19th.

    Its good to be optmisitic but one thing I have learnt after waiting for so long for my green card is that this process is so screwed up that you can never expected anything that would follow a common sense of logic.



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  • atul555
    12-15 09:52 PM
    Atul555:

    Cool down. Nothing to be warried. Since you are married, 485 is not of much help. So you should think of maintaining h1b in order to keep your wife status h4.

    1. With cool mind start applying for jobs, increase network. To be on safer side. find a good consultant. Ping me if you need help in finding a good consulatant. Yes when say good consualtant..he is good...!!!!

    you still have 4 months time. SO cheer up.

    My 2 cents..don't think of using EAD & keeping u r wife on foloow to join blah blah....!!!!

    Also if you change your job , your GC journey you had so far will not get wasted. You don't have to file Labour/i-40 again. Make sure the new job is same or similiar. Discuss with your potential employer, they will help you.

    Whats your area of work..??Are you into IT...????

    Thanks everyone, your input has been very helpful.
    I am assuming, my EB3 India PD of Mar 2004 would take about two years to become current and once it does, I can file my spouse as dependent and attain EAD for both of us.
    Till then based on your inputs I believe I have two recourse.
    1> I transfer my H1 and keep the spouse on H4. AC21 would apply in that case and my GC process would continue unabated.
    2> I go on EAD and put my wife on F1 to maitain legal status.

    Here are the caveats with each.
    With no 1 approach there would be very few jobs for H1-b next year and I would probably have to be at the mercy of some unscrouplous desi consultant.

    With no 2 approach, I have more choices in job but I have to get my wife on F1 which would be a drain on finances as well as time consuming for the spouse.

    I guess either way I have to tough it out for a couple of years and I was leaning towards no. 1.


    BTW, tabletpc, thanks for your suggestion, I am in IT (J2EE websphere) background with considerable experience. I would appreciate any input for a good consultant.




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  • anandrajesh
    05-04 01:59 PM
    Hi Madhuri,

    Do you have any more information regarding this.
    I am in the same boat .
    My LC got approved through perm in my 6th year
    and I140 applied and pending .
    6th year expires in Sept06.

    Any help is greatly appreciated.

    You can get your H1 extended based on Approved Labor / Pending Labor for 365 days. You get H1 extensions in 1 yr increments. If your 140 is approved as well then you get your H1 in 3 yr increments.

    I got my labor/140 done and my 6th Yr H1 is expiring Aug 31 and i shld be eligible for 3 yr extension due to Visa Number Unavailability.



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  • eb3_nepa
    07-29 10:10 PM
    Then we let the CITIZENS of the country decide what is best for their country! Guys understand one thing, it is a numbers game.

    1) Legal Employment Based Immigrants: LESS THAN 0.5 Million with NO CITIZENS to back us.
    2) Illegal Immigrants: MORE THAN 12 million with a HUGE chunk of the Hispanic CITIZENS to back them up.

    Even the citizens who DO oppose Illegal immigration, SIMPLY OPPOSE illegal immigration, but DO NOT SUPPORT legal immigration per se.

    Please DO NOT make the mistake of taking on the CHC at this point, it is a fight that is IMPOSSIBLE for us to win and POINTLESS to even fight. If we win against the CHC (big IF), we win NOTHING, if we lose, we now have bigger problems.




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  • gc_wow
    09-16 10:54 PM
    Get the cnn chief and make this lou dog on our side, that would be he will never talk about H1b and will praise IV for their efforts in improving USCIS and public policy. This is the time to do this. If dog wont budge then pull sponsers and chase him to the end of earth and may be hell.I have never seen such a bigot in my life.



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  • ilikekilo
    07-17 02:02 PM
    DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.



    given that u have just joined the group, let me say welcome aboard...
    u made a wise decision to join this effort.. however regretfully I beg to defer , for you to be too quick to ask questions or updates and be more patient..

    please aks yourself..what did u do for IV....what can u expect...

    if u are a very active member and did contribute to IV, please accept my apologies




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  • nlssubbu
    10-08 08:12 PM
    i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)

    as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?

    Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.

    To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.

    (PS: I am not a lawyer and please use my advice based on your own discretion)



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  • ewana
    02-02 11:57 PM
    Hi all,

    I'm currently on H1B. My wife is on a L1 visa and her company just applied for her I140/I765/I485 concurrent (under EB1). Based on the previous post, it seems that if my wife gets approved for her GC, I can piggy back anytime since we were married before she got her GC.

    My question is with regards to the PD if she got approved, do I get the Priority Date for EB1 (meaning little wait) or so I need to wait months/years of delay ? Should I just instead apply for I485 after her I140 is approved so that we get our GC together. What would be the risk in case something wrong happen to her application ? would I lose my H1b? I would like to hold on to my H1B unless I'm sure I can get my GC. My H1b is not IT related so I'm not that confident to find another one in case I lose my H1b. My company is willing to sponsor my greencard, but we thought of trying the EB1 first as it is much much faster.

    Thanks for all your insights.




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  • corleone
    03-19 11:19 AM
    On the Senators,
    We tried them twice - they are useless.



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  • shana04
    06-03 01:58 AM
    My previous employer is not providing the document required in RFE in fact of format request.

    Is there any way we can get the documents from previous employer (desi)

    Thanks in advance




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  • desitechie
    07-13 07:54 PM
    Hi,

    Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.

    Thanks,
    Sangeetha K

    Experience letter is always useful for H1B and Green Card purposes. Try to take an affidavit from your supervisor(ideal) or colleague listing the duration and technologies involved.



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  • GCPagla
    03-15 02:07 PM
    Hi,

    I would like to get you expert's opinion, before I pull the final string. My GC had been filed in EB2 with PD on Feb 26 2007. My 140 has been approved on April 2008. My 485 was filed during 2007 fiasco. I work for one of the big 3car company in Detroit as a consultant and situation is changing fast here, compelling me to search shelter somewhere else.

    Luckily I got an offer from a new employer which is enticing me two pull the trick of Ac21. But before I do so, I would like to get your kind advise on the following points.

    a) My Job title is programmer Analyst with my current employer but in the offer letter of the future employer is is given as "Sr. java developer". Does this title change matters? The new employer has agreed to give me the Ac21 letter with same job duty description.

    b) The salary increase in the job is almost 50%. Do you think this causes any red flag.

    c) The company size of the new employer is much small than the current employer. Is this OK.

    I am really depending on you people's expertise. Any help will really make me confident about this change.

    Regards




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  • jayleno
    03-11 11:26 AM
    Its 100% fraud and abuse. I'm suprised you even thought of asking about this. The answer is in your question.
    I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
    Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.

    In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?



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  • snathan
    02-11 11:42 AM
    What are IVs recommendations ??

    You can get that information from donor forum.

    Thanks,




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  • rahulpaper
    11-09 10:04 AM
    We have a very similar case as yours...No FP and RFE on AP....
    our 485 is NSC>CSC>NSC ...hence it is slow...my lawyer asked to wait for another month (60 from notice days)
    RFE on AP is processed at NSC>CSC...

    which means my 485 is back in NSC and AP is still at CSC....no connection between two applications.




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  • andycool
    04-23 02:49 PM
    I am employeed in IT consultancy, and wants to change my employement as a permenent employee of the client.
    When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below

    Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.

    Below is what is in the contract between my Employeer and Client.

    1. This agreement is for the sole purposes of providing the services of the Contractor’s employee XXX to (Client).
    2. Contractor will be an independent contractor of Company and will work on a Client assignment.
    3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
    4. All time and expenses should be entered into client’s system and should be approved by the concerned manager or project manager.
    5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
    6. Contractor shall be solely responsible for the quality of work performed.
    7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
    8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
    9. Contractor reserves the right to offer consultant’s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
    10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
    11. This agreement is subject to the laws of the State of Texas.
    12. Either party can terminate this contract by giving 2 week’s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.

    Can any one tell if there is any possibility of that

    I think your Employer is trying to scare you ...:)




    sunny1000
    06-11 02:31 PM
    I am in my 8 yr. Have a H1-B approved Untill 2008 Dec

    Have a EB3 Approved Labor and 140 from Company A.

    Now as of today if I move to Company B ...

    Question :

    Can I get a 3 yr Extension based on Company A (140 Approved )
    that is from june 2007 to june 2010

    OR

    Do I get my H1-B untill 2008 Dec ?
    ----

    When I move to Company B is there anything that I have be aware off as
    I am planning to pally Eb2 and move the PD from company A
    My PD : EB3 Jun 2004

    Thanks Thanks Thanks Thanks


    You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.

    This is just my view. There might be better ways but, that is the only one I can think right now.




    chanduv23
    11-20 12:25 PM
    This is just believe and what I think is something will be good for EB community. Specially those who has MS or Higer degree from USA. It can be tough for employee of small consulting companies. But that is Reform.

    Ultimately they will hike H1b quota with some tight regulations so who ever is genuine can use it.

    I know some people are saying that CIS wont be able to process all app and we have to suffer from Illegal people's filling. but if they add , recapture some visa for us in their CIR bill then dates will be current for us for some 1-2 years for sure and we can go to CP route and get green card thing done. I am 100 % sure that illegal people will not go to CP route. and CP route is very quick when dates are current.

    only one thing I see if CIR passes.. Lawers.. they will be busy with illegal people and will not look at us because I am sure their fees will be higher than our straight cases and they want it desparetly than us. so lawer may not give attention to your case..

    Hmmmm - laws are generally framed with generic thumb rules. They cannot be addressed to specific stuff. Visass and restrictions are based on needs and demands and not moods and whims. If USA needs software engineers, then they frame laws to get software engineers - they do not target consulting companies - remember it is we who have issues with consulting companies and it is upto those having issues to deal with them



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