gchetna
09-08 05:44 PM
I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
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pani_6
08-24 09:27 AM
I am not sure how the Bill gets intorduced into the senate...but if only the h1 increase is the sticking point in the skil .....for now lets only focus of the visa retrogression and the waiver for visa numbers for people with STEM degrees and quicker processing of BEC's....I think we need to get the benefit in smaller chunks...
Jamin
08-16 09:56 AM
I had a similar situation and Bank of America CS sent me a good image of the check. Check with your bank as well by calling their CS.
CALLED USCIS .they said they cant transfer to level 2 operator to check receipt number...Is there any other way to find out?...will the bank be able to read and tell?
Thanks
CALLED USCIS .they said they cant transfer to level 2 operator to check receipt number...Is there any other way to find out?...will the bank be able to read and tell?
Thanks
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optimist578
01-19 12:31 PM
I have observed, based on stories from different people that NSC sends RFEs when one tries to upgrade a non-premium I-140 case to premium. Does NSC send RFEs for premium cases? Till now, I have only heard NO.
No matter how hard I try, my lawyer keeps insisting that my case should not be upgraded to premium, because if an RFE is served, it might delay the case even more (implying, more than how long a regular case takes).
The whole thing does not seem to make any sense. If an applicant files under premium processing, according to NSC, his/her application is more reliable (and honest?) than if some one who files it on non-premium basis?
.
No matter how hard I try, my lawyer keeps insisting that my case should not be upgraded to premium, because if an RFE is served, it might delay the case even more (implying, more than how long a regular case takes).
The whole thing does not seem to make any sense. If an applicant files under premium processing, according to NSC, his/her application is more reliable (and honest?) than if some one who files it on non-premium basis?
.
more...
senthil1
06-26 01:48 PM
First of all even if CIR is passed someone need to interpret the section. What kind of Ban for H1b in consulting? Is it blanket ban? It is going to be very tough in reality to Ban H1b for consulting completely. There might be some options in the law.
It seem like the CIR does not allow working as consultant on H1B. I read through that part, but does not quite understand. Can someone who understands the legislation let me if the bill passed, what is the effective time that we need to stop working?
Is it:
1> The time when bill is signed by Bush?
2> The beginning of the following fisical year?
or
3> You can keep working till the current H1B expires, but cannot renew?
thanks!
It seem like the CIR does not allow working as consultant on H1B. I read through that part, but does not quite understand. Can someone who understands the legislation let me if the bill passed, what is the effective time that we need to stop working?
Is it:
1> The time when bill is signed by Bush?
2> The beginning of the following fisical year?
or
3> You can keep working till the current H1B expires, but cannot renew?
thanks!
disco
02-11 01:11 AM
Nikhil2,
I have a similar situation. Same Company, Same position Name. Different Job Requirements & Job Description. Old Labor RIR EB3 (PD 2003). New Labor EB2 PERM.
My Lawyer seems to be comfortable & Confident. He is the one suggested this approach. Earlier I requested if we could apply for a different position with the same company. He decided to go with above approach and felt confident about it and also advocated the above to be a right and easy approach.
I am not a lawyer. But our company lawyer is very experienced and has big clients in Silicon Valley. Also He has done a lot of H1/Labor/Green Card for our company itself and hence I have confidence in him.
Hope this is helpful. People please let me know if as per your information this could be inappropriate. If that is the case I want to raise this at the right time as the labor application is still in a very initial stage.
Thanks
I plan to transfer the priority date of an old LC to a new one. My attorney said my case won't work, since the two LCs belong to the same company and the positions (job titles) are the same. She indicates at least one of them needs be different.
I spent a whole night and cannot find any info about this.
Do you happen to know this? Any comments or links would be appreciated.
I have a similar situation. Same Company, Same position Name. Different Job Requirements & Job Description. Old Labor RIR EB3 (PD 2003). New Labor EB2 PERM.
My Lawyer seems to be comfortable & Confident. He is the one suggested this approach. Earlier I requested if we could apply for a different position with the same company. He decided to go with above approach and felt confident about it and also advocated the above to be a right and easy approach.
I am not a lawyer. But our company lawyer is very experienced and has big clients in Silicon Valley. Also He has done a lot of H1/Labor/Green Card for our company itself and hence I have confidence in him.
Hope this is helpful. People please let me know if as per your information this could be inappropriate. If that is the case I want to raise this at the right time as the labor application is still in a very initial stage.
Thanks
I plan to transfer the priority date of an old LC to a new one. My attorney said my case won't work, since the two LCs belong to the same company and the positions (job titles) are the same. She indicates at least one of them needs be different.
I spent a whole night and cannot find any info about this.
Do you happen to know this? Any comments or links would be appreciated.
more...
ashkam
07-20 09:11 AM
My attorney said e-notice is fine and applied.
but in enotice it is written
Please note that this e-mail message is being sent as a
courtesy and cannot be used as evidence of nonimmigrant
status. Nor can this message be used as evidence to procure
an immigrant visa
I am worried if my packages comes back after aug 17?
My lawyer refused to file with the e-pproval and I agree with him. Why take a risk with such an important matter. If you're approved, you should get your approval notice in a couple of weeks at the most. File your 485 after that.
but in enotice it is written
Please note that this e-mail message is being sent as a
courtesy and cannot be used as evidence of nonimmigrant
status. Nor can this message be used as evidence to procure
an immigrant visa
I am worried if my packages comes back after aug 17?
My lawyer refused to file with the e-pproval and I agree with him. Why take a risk with such an important matter. If you're approved, you should get your approval notice in a couple of weeks at the most. File your 485 after that.
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samcam
05-19 11:32 AM
Welcome to our newest guest alex_dong.. 3872 members and counting!!
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surabhi
05-21 11:56 AM
see my seond posting below from murthy.com forum. You should be able to port the PD
good luck
good luck
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gsc999
01-20 12:05 PM
Core team,
Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?
No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
--
The core group is working on that. Latest update is that we need funds to lobby for this effort and IV has sent out messages asking for member contributions. Let us know if you have already signed-up if not please do so.
Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?
No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
--
The core group is working on that. Latest update is that we need funds to lobby for this effort and IV has sent out messages asking for member contributions. Let us know if you have already signed-up if not please do so.
more...
mmk123
10-01 08:26 AM
waitingnwaiting, what a useless attempt to further divide EB community?
I have Chinese friends in my company going through similar pain and I know what they think; so no need to believe some idiot on some forum.
The real process of lawmaking is so arcane and it screws each one of us equally bad.. no matter what country..
- m
I have Chinese friends in my company going through similar pain and I know what they think; so no need to believe some idiot on some forum.
The real process of lawmaking is so arcane and it screws each one of us equally bad.. no matter what country..
- m
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jliechty
August 3rd, 2005, 09:09 AM
The 300D and D50 would be too limited in my humble opinion, such that if you plan to buy a body and keep it for a while, you'll run into their "issues" after a little while. Definitely consider 350D or D70(s), along with as good of a lens as you can afford. The 18-70 DX kit lens for Nikon cameras is good from what I've seen from it, but the Canon 18-55 kit lens is sometimes said not to be quite so good. I don't know what to recommend on the Canon side, but there are plenty of folks here who can help you out on that. :)
For what it's worth, I got into photography with an old manual film camera when I was about 9. Then, a few years ago for a very short time, I used a Kodak P&S digital, before getting disgusted with it and going back to film. Finally, this spring my wallet suffered major damage with a used D1 and a couple of lenses (24-85 zoom and 90mm macro). College (this fall) will probably put an end to my photographic acquisitions for a while, but now that the Luminous Landscape did an article on video cameras, I have even more stuff to dream / drool about. Must... hide... credit card... now..! :D
For what it's worth, I got into photography with an old manual film camera when I was about 9. Then, a few years ago for a very short time, I used a Kodak P&S digital, before getting disgusted with it and going back to film. Finally, this spring my wallet suffered major damage with a used D1 and a couple of lenses (24-85 zoom and 90mm macro). College (this fall) will probably put an end to my photographic acquisitions for a while, but now that the Luminous Landscape did an article on video cameras, I have even more stuff to dream / drool about. Must... hide... credit card... now..! :D
more...
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lazycis
02-14 04:42 PM
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
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tdasara
06-12 07:06 PM
Investing in a company -> Yes (shareholder)
Own a company -> No
On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.
No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!
This has been my research on the internet and is not from a legal advisor.
Own a company -> No
On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.
No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!
This has been my research on the internet and is not from a legal advisor.
more...
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ag11
09-04 04:08 PM
In one of my friend's case they approved H1 for 6 months, because he had contract only for 6 months. He just completed 3 years and this is his first extension request. :eek: Who the hell in this world writes contract for more than 6 months even if they have requirements for next 2 years.
Another case I heard was immigration officer at POE granted only 1 year I-94 even though he had 2 years left in his visa. It seems IO spoke to candidates manager and advised him to hire someone locally and get him trained within a year.
Are we in real United States of America? So much of hate around.
Which service center was your friend from? California Service Center is said to be the most restrictive one and they have been giving out H1B only for the duration of contracts. This doesn't make any sense as who in this consulting world and in this economy can give a commitment for a full 3 years of H1B extension. Vermont is supposed to be more liberal as compared to California, but we can never tell.
My company filed for a 7 yr extension of H1B and I received an RFE. RFE has become the norm for H1B for 90% of cases for all consulting companies. My lawyer was smart to predict in advance that I should expect an RFE.
On POE, many of my friends have been harrassed recently. They have been racially profiled and questioned. Better to have all your documentation with you. You might want to condider visiting the immigration office to explain to them that the date on i94 seems to be a mistake as the visa is for 2 full years. They did the same mistake on mine with the year, but I point out right there and he corrected it.
Good luck
Another case I heard was immigration officer at POE granted only 1 year I-94 even though he had 2 years left in his visa. It seems IO spoke to candidates manager and advised him to hire someone locally and get him trained within a year.
Are we in real United States of America? So much of hate around.
Which service center was your friend from? California Service Center is said to be the most restrictive one and they have been giving out H1B only for the duration of contracts. This doesn't make any sense as who in this consulting world and in this economy can give a commitment for a full 3 years of H1B extension. Vermont is supposed to be more liberal as compared to California, but we can never tell.
My company filed for a 7 yr extension of H1B and I received an RFE. RFE has become the norm for H1B for 90% of cases for all consulting companies. My lawyer was smart to predict in advance that I should expect an RFE.
On POE, many of my friends have been harrassed recently. They have been racially profiled and questioned. Better to have all your documentation with you. You might want to condider visiting the immigration office to explain to them that the date on i94 seems to be a mistake as the visa is for 2 full years. They did the same mistake on mine with the year, but I point out right there and he corrected it.
Good luck
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gcnirvana
06-18 05:06 PM
Here is my situation:
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
more...
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mbartosik
04-29 12:26 AM
Prepare your evidence, this will include pay slips, emails, etc., write down a statement of facts, if you want to go the extra mile find the relevant parts of the statute (go to thomas.loc.gov and/or dol.gov) that ban the behavior where employer broke the law and print that out too.
Then go in person to local DOL office, speak politely with the nice people there, and your employer may find himself in hot water. Be prepared to take a half day for this.
Of course you want to make sure that no longer working for that employer does not put you out of status.
Then go in person to local DOL office, speak politely with the nice people there, and your employer may find himself in hot water. Be prepared to take a half day for this.
Of course you want to make sure that no longer working for that employer does not put you out of status.
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chenche19
04-01 09:20 PM
Hi, thanks for the response. I will update my profile. I just joined the forum today.
Yes, the reason of the denial is the lack of initial evidence... my MTR addressed those items so I hope the MTR will be approved.
My notice of action on my MTR was received in a week and a half after I submitted my MTR - by the way, I submitted it as a MTR and I got a receipt saying it's a MOTIC.
I did file my I-140 and I-485's (mine's and my wife's) concurrently and my receipt dates is July 13, 2007 -the infamouse visa gate period-. i filed my applications to the Texas Center.
My I-140 was approved on November 08' after an RFE.
adibhatla,
what's your I-485 receipt date?
Yes, the reason of the denial is the lack of initial evidence... my MTR addressed those items so I hope the MTR will be approved.
My notice of action on my MTR was received in a week and a half after I submitted my MTR - by the way, I submitted it as a MTR and I got a receipt saying it's a MOTIC.
I did file my I-140 and I-485's (mine's and my wife's) concurrently and my receipt dates is July 13, 2007 -the infamouse visa gate period-. i filed my applications to the Texas Center.
My I-140 was approved on November 08' after an RFE.
adibhatla,
what's your I-485 receipt date?
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darsh678
02-12 08:46 AM
This is what i think as being optimist
Even if Schedule A gets 90 k unused visa, we will be closer to our PD as all schedule A are in EB3. So if this 90 k for schedule A gets approved we will move ahead by 90 k visas.
Even better will be if they have separate category and dont include in EB3.
I think if we are not supporting them then atleast not oppose them as in any case it will be a win win situation for us and we can follow their steps if they are successful to get some solution for our EB3 retro.
This is very serious matter. EB community should strongly oppose
It is time for Fight to Finish !
Even if Schedule A gets 90 k unused visa, we will be closer to our PD as all schedule A are in EB3. So if this 90 k for schedule A gets approved we will move ahead by 90 k visas.
Even better will be if they have separate category and dont include in EB3.
I think if we are not supporting them then atleast not oppose them as in any case it will be a win win situation for us and we can follow their steps if they are successful to get some solution for our EB3 retro.
This is very serious matter. EB community should strongly oppose
It is time for Fight to Finish !
ivjobs
11-12 03:02 PM
I dont understand the meaning of this
Applicants who obtained their current visa in a country other than that of their legal residence.
The complete list is given below.
Who Cannot Apply in Mexico:
* Applicants for B1/2 visas, including renewals are not accepted from third country nationals who are not resident in Mexico.
* Applicants who entered the U.S. with a visa issued in their home country and changed status with Department of Homeland Security in the U.S. who seek a new visa in the new visa category
* Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.
* Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.
* Applicants who entered the U.S. under the auspices of the Visa Waiver Program.
* Applicants who obtained their current visa in a country other than that of their legal residence.
* PLEASE NOTE: If you were informed when you obtained the original visa in your home country that you are subject to National Security Entry Exit Registrations (NSEERs), are a national of North Korea, Cuba, Syria, Sudan or Iran, you are not eligible to renew your visa in Mexico.
Applicants who obtained their current visa in a country other than that of their legal residence.
The complete list is given below.
Who Cannot Apply in Mexico:
* Applicants for B1/2 visas, including renewals are not accepted from third country nationals who are not resident in Mexico.
* Applicants who entered the U.S. with a visa issued in their home country and changed status with Department of Homeland Security in the U.S. who seek a new visa in the new visa category
* Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.
* Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.
* Applicants who entered the U.S. under the auspices of the Visa Waiver Program.
* Applicants who obtained their current visa in a country other than that of their legal residence.
* PLEASE NOTE: If you were informed when you obtained the original visa in your home country that you are subject to National Security Entry Exit Registrations (NSEERs), are a national of North Korea, Cuba, Syria, Sudan or Iran, you are not eligible to renew your visa in Mexico.
flex
10-02 02:38 PM
Thanks Pom, but I'm having a bit of a time grouping these designers http://www.kirupa.com/forums/smileys_files/stickpoke.gif
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