mrajatish
04-17 06:01 PM
Yes, this is just so demoralizing. People spend hours asking questions on different issues but they do not take a couple of mins to send even 25-50 dollars (a good dinner costs as much).
Guess everyone wants a free lunch.
Guess everyone wants a free lunch.
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sonia_sd
01-17 12:05 PM
First of all everyone should understand that this is an Interpretation of law by USCIS, and in memo at the bottom it has been clearly stated that this only applies to case workers at USCIS processing centers not for others. I think based on this memo they decide each case whether to approve/reject. However I see this as "targetting only perticular group of people".
Also he mentioned that they arrived the "Employee-Employer" relationship based on 2 distinct supreme court judgments, I am not really sure what judgments the mean there.
Please correct me if I am wrong.
Also he mentioned that they arrived the "Employee-Employer" relationship based on 2 distinct supreme court judgments, I am not really sure what judgments the mean there.
Please correct me if I am wrong.
desi485
02-28 02:14 PM
I had a quick question to ask. My, current H-1 visa is expiring on July 30, 2008. Also, my current I-94 and I-797 is expirin on the same date. I am eleigible to apply for extension 6 months in advance, starting Jan. 30, 2008. However, my question is if I apply for my H-1 visa extension now (say Feb. 28, 2008) and the extension comes by April 30, 2008; will that invalidate my H-1 visa stamped till July 30, 2008.
Please refer me to any official memos if available. Thanks in advance.
This is a wrong thread for asking this question. This thread is for discussing issues of using AP on future H1B transfer or extensions.
However, as per my knowledge, your stamped visa till last date still remains valid. Pls check with your attorney.
Please refer me to any official memos if available. Thanks in advance.
This is a wrong thread for asking this question. This thread is for discussing issues of using AP on future H1B transfer or extensions.
However, as per my knowledge, your stamped visa till last date still remains valid. Pls check with your attorney.
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she81
01-31 01:40 PM
Voted twice for both the questions and also urged half a dozen colleagues to do the same.
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MerciesOfInjustices
02-22 05:03 PM
This is the worst time for Business(employment) Immigration.
The Democrats hate anything that benefits Business, and the Republicans hate everything related to Immigration!
The Democrats hate anything that benefits Business, and the Republicans hate everything related to Immigration!
vdlrao
04-16 11:14 PM
what makes you say so ?
its not only for IT professionals with Eng Degree
Pheonix is one of the best available uni for long distance learning.
Dont know what do you mean, as long as application is legal, confirming to law, it is as good as any other EB2 application.
Please dont pass judgements and refrain from spreading wrong information as factual statments. only suggestions should be welcome.
If USCIS is approving H1B/L1 applications, for any Software job, with a B.Com or B.A degree, then defenitely, it's a high time for it to change the rules for the H1B educational qualifications. I don't mind to port to EB1, if its accepting online degress, by getting a Ph.d deegree from a tri valley online university :D.
.
its not only for IT professionals with Eng Degree
Pheonix is one of the best available uni for long distance learning.
Dont know what do you mean, as long as application is legal, confirming to law, it is as good as any other EB2 application.
Please dont pass judgements and refrain from spreading wrong information as factual statments. only suggestions should be welcome.
If USCIS is approving H1B/L1 applications, for any Software job, with a B.Com or B.A degree, then defenitely, it's a high time for it to change the rules for the H1B educational qualifications. I don't mind to port to EB1, if its accepting online degress, by getting a Ph.d deegree from a tri valley online university :D.
.
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mysticpine
08-19 08:35 PM
http://www.brillig.com/debt_clock
Enjoy
Finally I am a US citizen after being 10+ years in this country. This is one of my biggest fulfillments and it means everything to me. US is just not home anymore for me, it is my country.
Enjoy
Finally I am a US citizen after being 10+ years in this country. This is one of my biggest fulfillments and it means everything to me. US is just not home anymore for me, it is my country.
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desijackass
01-29 10:49 AM
It took 7 working days last december for my passport to come back.
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vsrinir
09-17 11:18 AM
Let us make real comments in this thread only.
No unnecessary comments please!!!
No unnecessary comments please!!!
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geevikram
06-05 11:33 PM
Please call all of them. It took me only 10 mins.
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styrum
04-19 03:10 PM
Just sent my $100. Sorry, can't send more now - out of a paying gigs and very likely to embark on a new job search again soon...
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venky08
11-10 03:46 AM
:D
right on money!!!- you stole my thoughts dude...thats exactly how i think...
Using H1B makes one safe. but how many years we want to do the safe job. If I-485 gets denied do u have enough patiences to file another green card. One thing is believe is "We are here to make money, most of us are in our thirties and we have short time remaining to reach our goals. I think we all have one year EAD. wait for 6 months then go on job hopping, learn whatever you can, get into whatever you want. Start a business, do something.... Anything you do will help you in future. Sitting with H1B in pocket may take 4 years cream of your life.
If you have the talent you can get great salaries anywhere in the world. Because of your talents and hard work you guys are here. World is not small.
right on money!!!- you stole my thoughts dude...thats exactly how i think...
Using H1B makes one safe. but how many years we want to do the safe job. If I-485 gets denied do u have enough patiences to file another green card. One thing is believe is "We are here to make money, most of us are in our thirties and we have short time remaining to reach our goals. I think we all have one year EAD. wait for 6 months then go on job hopping, learn whatever you can, get into whatever you want. Start a business, do something.... Anything you do will help you in future. Sitting with H1B in pocket may take 4 years cream of your life.
If you have the talent you can get great salaries anywhere in the world. Because of your talents and hard work you guys are here. World is not small.
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rimco99
11-02 09:28 PM
Why are u coming up with such vague ideas.
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go_gc_way
02-01 03:23 PM
Actually I know a guy who lost his job and joined a restaurant as a cook or something and applied GC, then after 1 yr or so got job again and used the EAD to change to the Tech Field again and at a different location.....I hear he is indeed facing some problems now.
Common people ... These are isolated ... very very very isolated cases may be.
I know many IT folks who work VERY VERY VERY HARD AND FOCUSSED ON THEIR JOB ... I believe they represent 99.99999999999999 %, why are we even discussing these?
Common people ... These are isolated ... very very very isolated cases may be.
I know many IT folks who work VERY VERY VERY HARD AND FOCUSSED ON THEIR JOB ... I believe they represent 99.99999999999999 %, why are we even discussing these?
more...
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superdoc
08-14 12:26 PM
Yes, that is right, I said �plight of EB2-India�.
I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...
Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.
Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.
There are complaints all over the forum which have the stink of pretentiousness such as �oh..i am a poor EB3 waiting for n number of years� etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).
All these posts that refer to �my career is over because my gc is delayed� are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.
For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven�t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!
To all the guys bashing chankaya...
I know there are some EB3 folks who could have qualified as ED 2 and some EB 2's who could have qualified as EB 1 ..like myself. I am EB2 but if would have taken the initiative could have made it to EB 1
Also there are folks like my friend who is EB3 with US masters who should be EB 2. His employer sold his EB 2 labour and just substituted his labor.
Yes there are folks like that. Also many have the opportunity to port but they don't. Overall the majority of EB 3 are EB 3 because their qualification doesnot meet EB 2 or they didnot take the initiative to go to a higher level.
BY far most people are in the category they should be IN !
I can also crib about why I did not try EB 1 till the CIWS come home with no avail..No pun intended for anyone
I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...
Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.
Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.
There are complaints all over the forum which have the stink of pretentiousness such as �oh..i am a poor EB3 waiting for n number of years� etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).
All these posts that refer to �my career is over because my gc is delayed� are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.
For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven�t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!
To all the guys bashing chankaya...
I know there are some EB3 folks who could have qualified as ED 2 and some EB 2's who could have qualified as EB 1 ..like myself. I am EB2 but if would have taken the initiative could have made it to EB 1
Also there are folks like my friend who is EB3 with US masters who should be EB 2. His employer sold his EB 2 labour and just substituted his labor.
Yes there are folks like that. Also many have the opportunity to port but they don't. Overall the majority of EB 3 are EB 3 because their qualification doesnot meet EB 2 or they didnot take the initiative to go to a higher level.
BY far most people are in the category they should be IN !
I can also crib about why I did not try EB 1 till the CIWS come home with no avail..No pun intended for anyone
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fide_champ
03-29 08:42 AM
Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
however after coming here , Paid for my own ticket and landed here on start of january 2011.
Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.
I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.
I need to clarify a few things before i nail these blood suckers
1. How long before i board my flight back home , should i send the documents to DOL
2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
or copy to send to DOL
3. What other documents should i send alongwith
4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.
5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.
I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.
Any advices are welcome to help me bring these guys to justice.
did you and your employer agree on a joining date? Who's call it was to bring you into US? If you are working for a consulting company, you probably don't have agreements like this. But when you are spending your own money, I would expect you to be doubly sure that your employer wants you to be in the USA.
You've landed straight into the pitfalls of this body shopping business unfortunately you've lost quite a bit due to this. I am not sure screwing the employer should be the top priority. All your effort at this point must go into finding a way to stay in this country. If you do not have paystubs, you could still get a H1 transfer but you may not get a new I-94. Explore all options to stay in this country legally and resurrect your career.
however after coming here , Paid for my own ticket and landed here on start of january 2011.
Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.
I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.
I need to clarify a few things before i nail these blood suckers
1. How long before i board my flight back home , should i send the documents to DOL
2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
or copy to send to DOL
3. What other documents should i send alongwith
4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.
5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.
I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.
Any advices are welcome to help me bring these guys to justice.
did you and your employer agree on a joining date? Who's call it was to bring you into US? If you are working for a consulting company, you probably don't have agreements like this. But when you are spending your own money, I would expect you to be doubly sure that your employer wants you to be in the USA.
You've landed straight into the pitfalls of this body shopping business unfortunately you've lost quite a bit due to this. I am not sure screwing the employer should be the top priority. All your effort at this point must go into finding a way to stay in this country. If you do not have paystubs, you could still get a H1 transfer but you may not get a new I-94. Explore all options to stay in this country legally and resurrect your career.
more...
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grupak
01-30 05:16 PM
Let us try to keep the question atleast in the top10 until the poll closes. This is a very good chance to bring our issue to a wide audience.
I think the link provided here take to the page where questions are not sorted by either popularity or most recent ( which I assumed initially). I might be wrong.
I think the link provided here take to the page where questions are not sorted by either popularity or most recent ( which I assumed initially). I might be wrong.
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days_go_by
07-31 08:54 PM
For PMP I think, you need to take some courses, I had taken some courses at Berkeley Online on project management, these courses count towards PMP.
They also have in class courses, if you are interested.
Better to do something than nothing.
http://explore.berkeley.edu/UCExt/certificateprogview.asp?action=Internet&prog=Certificate+in+Project+Management
Hope it helps,
dgb
They also have in class courses, if you are interested.
Better to do something than nothing.
http://explore.berkeley.edu/UCExt/certificateprogview.asp?action=Internet&prog=Certificate+in+Project+Management
Hope it helps,
dgb
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Ramba
02-18 02:52 PM
greenlight: Thank you indeed to share such useful information with rest of us.
As your lawyer used the words "change of employer petition", it seems that one can use AP to travel and still after coming back he/she can file for either extension, amendment or transfer. This answers the main concern that I started this thread for.
Also, on other threads I read that its possible to file H1 amendement even if your H1 is still valid. This is one way to come back to H1 status and get a New I-94 card.
Some one also mentioned that if you have a valid I-797 extenstion approval notice and if you show that at POE to IO, he/she may issue an I-94 till expiry of I-797 (3 years) instead of AP (1 year).
I would appreciate input from others who have some knowledge or experience of above situations.
Niether many has tried this option (entering on AP and filing H1B transfer to different employer other than GC sponsers) nor USCIS has strong history of approving/dealing with these type of cases. After entering in AP, though one can very well contine the H1B with the same employer to whom any one work on H1B before leaving US. There is a memo for this type of situation. However, there is no specific memo to address this situation (Transfer). It is all depends on the individual adjucidator's logic. If they see your latest I-94 with parolee stamp, then they may deny (or issue a RFE )the H1B transfer, by the applying the the logic of one must be in the smae status to seek extension. If the deny/issue RFE, you can not counter act as there is no secific memo or policy by USCIS in this case.
As your lawyer used the words "change of employer petition", it seems that one can use AP to travel and still after coming back he/she can file for either extension, amendment or transfer. This answers the main concern that I started this thread for.
Also, on other threads I read that its possible to file H1 amendement even if your H1 is still valid. This is one way to come back to H1 status and get a New I-94 card.
Some one also mentioned that if you have a valid I-797 extenstion approval notice and if you show that at POE to IO, he/she may issue an I-94 till expiry of I-797 (3 years) instead of AP (1 year).
I would appreciate input from others who have some knowledge or experience of above situations.
Niether many has tried this option (entering on AP and filing H1B transfer to different employer other than GC sponsers) nor USCIS has strong history of approving/dealing with these type of cases. After entering in AP, though one can very well contine the H1B with the same employer to whom any one work on H1B before leaving US. There is a memo for this type of situation. However, there is no specific memo to address this situation (Transfer). It is all depends on the individual adjucidator's logic. If they see your latest I-94 with parolee stamp, then they may deny (or issue a RFE )the H1B transfer, by the applying the the logic of one must be in the smae status to seek extension. If the deny/issue RFE, you can not counter act as there is no secific memo or policy by USCIS in this case.
dan19
09-14 05:10 PM
Rather than pushing for Bills which will pass only after we get a GC, why don't we ask for something more practical. I mean ask for minor policy changes rather than asking for major law changes.
Like,
1- granting EADs to all who have completed I-140,
2- reducing the timeframe to apply for AC21 from 6 months to 3 months,
This will solve a lot of people's immediate problems.
There are many people who couldn't get their status readjusted due to retrogression after filing I485, but could get EAD atleast.
What does that mean? It means by law only a certain amount of GCs can be issued in any year, but USCIS may issue more EADs based on one of their policies.
Like,
1- granting EADs to all who have completed I-140,
2- reducing the timeframe to apply for AC21 from 6 months to 3 months,
This will solve a lot of people's immediate problems.
There are many people who couldn't get their status readjusted due to retrogression after filing I485, but could get EAD atleast.
What does that mean? It means by law only a certain amount of GCs can be issued in any year, but USCIS may issue more EADs based on one of their policies.
desi3933
08-19 02:01 PM
Well, s/he did say s/he was proud to be an INDIAN-American, didn't s/he? In the order you wanted...
I don't have to tell anyone how I feel about my country-of-origin. Whatever I am, I am due to India.
One can take man of out India, but never India out of man.
__________________________________________________ _
Proud to be an Indian-American and Legal Immigrant.
I don't have to tell anyone how I feel about my country-of-origin. Whatever I am, I am due to India.
One can take man of out India, but never India out of man.
__________________________________________________ _
Proud to be an Indian-American and Legal Immigrant.
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