Berkeleybee
04-10 08:24 PM
Berkeley,
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
Raj,
Allowing I-485 filing without visa numbers is not possible without changes in legislation -- that is why that provision had to be tacked on to S1932 and why it is included in the Brownback amendment. The same would be true for changing the CFR.
best,
Berkeleybee
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
Raj,
Allowing I-485 filing without visa numbers is not possible without changes in legislation -- that is why that provision had to be tacked on to S1932 and why it is included in the Brownback amendment. The same would be true for changing the CFR.
best,
Berkeleybee
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snathan
06-17 09:20 AM
^^^^^^^^^^^
s_r_e_e
08-10 10:38 AM
How does one get to know if his Labor Substitution was rejected? If a Receipt Notice was received does that mean that it was accepted? And, can they reject it later?
Receipt Notice means they accepted the case for reveiwing. I guess these rejections came after they reveiwed the case.
Receipt Notice means they accepted the case for reveiwing. I guess these rejections came after they reveiwed the case.
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mirage
12-05 03:18 PM
How can it be less than 10 years ? Each year has 4 quarters. As long as you made your SS contributions while in LEGAL status, you will get SS payments when time comes.
It doen't matter if your were H, GC, EAD...
SSA has been cracking down on illegals however, so it might be wise to keep documentation of your leagal working status for future.
... and remember it's 40 quarters (which canb be acheived in as little as 8 years and 3-6 months if timed right.
It doen't matter if your were H, GC, EAD...
SSA has been cracking down on illegals however, so it might be wise to keep documentation of your leagal working status for future.
... and remember it's 40 quarters (which canb be acheived in as little as 8 years and 3-6 months if timed right.
more...
hebron
08-20 10:17 PM
I am not with them anymore, I transfered my H1 to another company already. i just need to find out the way how to file a complaint and proceed further.
That's good to know that you transferred your H1-B.
As people already suggested there are very slim chances you can do anything about this, since labor and I-140 belongs the the employer. So if you can prove with written statements from your employer that he will sponsor your GC and if can prove that have incurred monetary loss, you might be able to get something out of this.
On a side note, You may want to see if there is any other options to bring him down, such as if you were on H1-B and if your employer did not pay you the salary he promised. This definitely will put him on the black list and he cannot hire anybody else on H1-B. All the best!
That's good to know that you transferred your H1-B.
As people already suggested there are very slim chances you can do anything about this, since labor and I-140 belongs the the employer. So if you can prove with written statements from your employer that he will sponsor your GC and if can prove that have incurred monetary loss, you might be able to get something out of this.
On a side note, You may want to see if there is any other options to bring him down, such as if you were on H1-B and if your employer did not pay you the salary he promised. This definitely will put him on the black list and he cannot hire anybody else on H1-B. All the best!
needhelp!
01-18 12:17 PM
Are people not seeing this thread? Whats going on? We need those fixes bad.. We need your letters real bad.
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Cavalier
12-03 11:39 AM
I wanted to type: you're not alone in these disadvantageous....thx
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gondalguru
07-19 10:34 AM
The skin test is mandatory. Also, your blood test results might take a day or two. I really dont think you have any option but to ask her to come back a few days early.
TB skin test is not mandotory.
I would recommend that you wife gets following tests done and have results ready when you go and see doctor on 15th.
1) Blood test for HIV and RPR(syphilis)
2) Chest XRay
3) Vaccination - MMR, DT(Tetanus booster) and Varicella
if you take the results of tests and proof of vaccination on the day of visit then the medical report can be given same day.
I also recommend that you download form I-693 and I-693A , make few copies, fill up the information like name, A number, date of birth etc and have it ready for the physician to complete the rest of stuff. Make sure you don't sign the form until your doctor signs it. Also don't forget to ask for a copy of the completed for before he seals it.
Hope this helps.
TB skin test is not mandotory.
I would recommend that you wife gets following tests done and have results ready when you go and see doctor on 15th.
1) Blood test for HIV and RPR(syphilis)
2) Chest XRay
3) Vaccination - MMR, DT(Tetanus booster) and Varicella
if you take the results of tests and proof of vaccination on the day of visit then the medical report can be given same day.
I also recommend that you download form I-693 and I-693A , make few copies, fill up the information like name, A number, date of birth etc and have it ready for the physician to complete the rest of stuff. Make sure you don't sign the form until your doctor signs it. Also don't forget to ask for a copy of the completed for before he seals it.
Hope this helps.
more...
shantak
08-23 09:00 AM
I can guarantee that u r screwed for next 3+ years if it was EB2 and next 6+ years if it was EB3.
Well, go ahead and cry in the bathroom now instead of actively supporting IV.
How can you be so mean specially at a time when he is under tremendous pressure. IV should try to comfort him and suggest him some alternatives. Contact your attorney ASAP and ask him to try to have a good write up and send the application again, who knows USCIS might accept your application (worst case ur app will come back again), but make it fast dont delay anymore.
Well, go ahead and cry in the bathroom now instead of actively supporting IV.
How can you be so mean specially at a time when he is under tremendous pressure. IV should try to comfort him and suggest him some alternatives. Contact your attorney ASAP and ask him to try to have a good write up and send the application again, who knows USCIS might accept your application (worst case ur app will come back again), but make it fast dont delay anymore.
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chanduv23
10-10 03:02 PM
Service industry is not always based on labor cost differentials. Many services are value added services. For example, stock brokers used to charge $200 and above for stock trades; however, electronic brokers came and made the industry efficient and hence can profit more by charging only $10 or even less. But this does not mean that the stock brokers are earning less. In fact they are earning more than before. However, their value additions come from faster settlement times and high volumes. This is easier to analyze. Now look at London or Hong Kong -- what services it provides and why is it booming?
High investments in R&D in general is good for economy but not necessarily true for a company. For example, German manufacturers are best R&D shops; however, their over investment in precision is precisely their problem. On the other hand Apple copied mp3 music players from Creative and made millions. One can find countless examples of skilled marketing (services) not innovative products making money. So don't assume that R&D investments are always good for a company.
Finally, Wipro & the likes -- they have already opened up shops in China, Mexico, Brazil (yes)... and finally if dollar falls further they could actually buy the US companies and make them efficient (Honda and GM example).
As long as quick money can be invested into wise investments, it can be safe. But do remember, to build anything from scratch is a pain, but to manage and service it is easy. All the easy money, if invested in long term growth will be very benefitial to humanity
High investments in R&D in general is good for economy but not necessarily true for a company. For example, German manufacturers are best R&D shops; however, their over investment in precision is precisely their problem. On the other hand Apple copied mp3 music players from Creative and made millions. One can find countless examples of skilled marketing (services) not innovative products making money. So don't assume that R&D investments are always good for a company.
Finally, Wipro & the likes -- they have already opened up shops in China, Mexico, Brazil (yes)... and finally if dollar falls further they could actually buy the US companies and make them efficient (Honda and GM example).
As long as quick money can be invested into wise investments, it can be safe. But do remember, to build anything from scratch is a pain, but to manage and service it is easy. All the easy money, if invested in long term growth will be very benefitial to humanity
more...
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priderock
06-27 05:05 PM
I understand ...................blah....??? any ideas ??
Yes, I have one :
You missed adding another option in the poll.
Option 3: "This idea is a non-starter, It wont work. "
Why do you care if you had already applied ?
Sorry !! Don't mean to beat the dead horse.
Yes, I have one :
You missed adding another option in the poll.
Option 3: "This idea is a non-starter, It wont work. "
Why do you care if you had already applied ?
Sorry !! Don't mean to beat the dead horse.
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venky08
12-28 01:38 PM
Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
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house letter M tattoo and
RandyK
02-20 05:09 PM
I am trying to figure out the impact of this ruling on the current usage of visa numbers.
I am from ROW so I would like to see how many more from ROW would demand visa numbers due to this new ruling.
Obviously this is important to India and China as well because the only way these two categories would get more visa numbers is from ROW overflow this year as these categories have used up most of their visa numbers for the year.
If I understand correct ROW 1 overflows to ROW 2 and ROW 3 and when ROW 3 current Over flow over to India/China
Any ideas guys??
I am from ROW so I would like to see how many more from ROW would demand visa numbers due to this new ruling.
Obviously this is important to India and China as well because the only way these two categories would get more visa numbers is from ROW overflow this year as these categories have used up most of their visa numbers for the year.
If I understand correct ROW 1 overflows to ROW 2 and ROW 3 and when ROW 3 current Over flow over to India/China
Any ideas guys??
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svgupta
05-15 12:14 PM
I think they have to pay the minimum wage as declared in their petition.
But I doubt whether they even send those employees on assignments. I guess they process these H1s as a carrot to retain the employees or to preprepared for any future assignments (they may not even come and the visas are never used)...
Wish there is a different category of visas for outsourced kind of work so that H1s can be used by America based companies and H1 is not seen in such a bad light.
Having a different category of visa sure sounds good.
However, it would be really difficult to implement as these BIG consulting cos will easily show proof that not all deputed in US are responsible for offshoring the work.
Another point would be that these cos charge a very high billing rate for those deputed in US and the clients (US companies, who hire these consulting cos) usually end up paying the same rate (or even more). However, the poor employees get probably just 50-60% of their billing rate.
I do have a regard for these cos, they have changed the landscape of our indian economy, but they have exploited their employees to the hilt.
But I doubt whether they even send those employees on assignments. I guess they process these H1s as a carrot to retain the employees or to preprepared for any future assignments (they may not even come and the visas are never used)...
Wish there is a different category of visas for outsourced kind of work so that H1s can be used by America based companies and H1 is not seen in such a bad light.
Having a different category of visa sure sounds good.
However, it would be really difficult to implement as these BIG consulting cos will easily show proof that not all deputed in US are responsible for offshoring the work.
Another point would be that these cos charge a very high billing rate for those deputed in US and the clients (US companies, who hire these consulting cos) usually end up paying the same rate (or even more). However, the poor employees get probably just 50-60% of their billing rate.
I do have a regard for these cos, they have changed the landscape of our indian economy, but they have exploited their employees to the hilt.
more...
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mmk123
01-25 02:16 PM
If the allegations on this university are correct, I am very very happy for this crackdown!
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stuckinretro
01-06 09:18 AM
PMP is a certification and is merely to Project and People Management. MBA is a Graduate Degree and pertains to Business Management. One cannot and should not compare a certification to a Degree.
In several responses people have compared MBA and PMP, I don't these two are comparable. Any thoughts?
In several responses people have compared MBA and PMP, I don't these two are comparable. Any thoughts?
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makeup letter m tattoos.
TajMahal
10-01 06:43 PM
July 2nd filer.
Transfered from NSC to CSC. My bad luck. Didn't apply EAD, AP. No news on FP. I heard that CSC processes FP lat than other centers. I know my neighbours got FP notices who filed a month later from NSC.
Transfered from NSC to CSC. My bad luck. Didn't apply EAD, AP. No news on FP. I heard that CSC processes FP lat than other centers. I know my neighbours got FP notices who filed a month later from NSC.
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shreekhand
04-22 08:34 PM
Totally agree that an average cop would have no idea about approved H1-B petition, AOS etc. and would be a big training issue.
But... your experience with the consular officer., not quite surprised. Being a Dept of State employee, she has no reason to know nor has mandate on immigration enforcement laws or their intricacies. That is the arena of the DHS. Somehow, for us DHS/DOS is all one.
You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
But... your experience with the consular officer., not quite surprised. Being a Dept of State employee, she has no reason to know nor has mandate on immigration enforcement laws or their intricacies. That is the arena of the DHS. Somehow, for us DHS/DOS is all one.
You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
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srsga
08-05 10:42 PM
Count me in...
My PD is June 2004
I140 : Approved, Nov 2007
My PD is June 2004
I140 : Approved, Nov 2007
rayoflight
04-13 05:51 PM
Great Job guys. I am proud to be part of IV.
canleo98
12-07 12:34 PM
I got my AP approved in approx 50 days. It was filed on 10/14/10 at NSC, mailed supporting documents within 7 days of filing it online and got approval yesterday(12/6/10) without any RFE.