nissan_1
01-31 11:00 AM
Done
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vamsi_poondla
11-06 03:44 PM
In reality, many companies who have subsidiaries abroad can use L1 visa program. But H1B offers flexibility that is much desired by many companies. (It is very less abused compared to H1B). No numerical cap on L1B may not go well with many of us. But I am very +ve that the visas are not issued in anticipatory mode like H1B. And why do companies spend 5K if they do not want to get the worker here? Do they like waste money just like that?
Logically this highlights the real problem in the system - numerical caps. If the caps are not there and companies can get a visa-on demand, they will not spend 5K per visa on anticipatory mode. Because there is no need to do that.
So no system is perfect. We have to minimize abuse and act responsibly when it comes to sensitive issues like immigration...
Logically this highlights the real problem in the system - numerical caps. If the caps are not there and companies can get a visa-on demand, they will not spend 5K per visa on anticipatory mode. Because there is no need to do that.
So no system is perfect. We have to minimize abuse and act responsibly when it comes to sensitive issues like immigration...
pmb76
07-15 01:12 PM
pmb76,
Can you please call on any of the core members before proceeding. And let us know that the outcome was
That is a good idea singhsa, Once we have good number of signatures I will discuss with IV core. So far the response has been very good - 208 signatures and still going. Everyone is indeed frustrated at Lou and it is indeed high time we protested against the garbage he is propagating on his show.
Can you please call on any of the core members before proceeding. And let us know that the outcome was
That is a good idea singhsa, Once we have good number of signatures I will discuss with IV core. So far the response has been very good - 208 signatures and still going. Everyone is indeed frustrated at Lou and it is indeed high time we protested against the garbage he is propagating on his show.
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chicago60607
09-17 11:28 AM
Seems like they are discussing about Attorney General Michael B. Mukasey
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greenlight
02-18 02:07 PM
Suppose you work for Company A on H-1B. You get out of the U.S. and come back with AP. You become parolee at that time. File an H-1B extension with Employer A, get new I-94 that indicates your status is now H-1B.
6 months later, you get another job with Employer B. Since you already are on H-1B with Company A, you should be able to transfer your H-1B to Company B.
I recently went to South Korea and entered the US on the AP since I didn't feel that I had enough time to wait for my H-1B stamped in my passport at the US emabassy in Seoul. Before leaving the US, I consulted with my attorney on this issue and she assured me that my H-1B is valid as long as I file the extension and maintain terms of the H-1B visa.
This is her opinion in quotes:
"I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."
I hope this helps.
6 months later, you get another job with Employer B. Since you already are on H-1B with Company A, you should be able to transfer your H-1B to Company B.
I recently went to South Korea and entered the US on the AP since I didn't feel that I had enough time to wait for my H-1B stamped in my passport at the US emabassy in Seoul. Before leaving the US, I consulted with my attorney on this issue and she assured me that my H-1B is valid as long as I file the extension and maintain terms of the H-1B visa.
This is her opinion in quotes:
"I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."
I hope this helps.
ssa
10-08 03:19 PM
I haven't received the physical H1B approval notice from my attorney yet so I don't know what's the I-94 # on that one although I doubt it will be the same. AFAIK each I-94 number is unique and different. Anyway, I don't think I-94 number itself matters any, just the fact that you have valid, not expired I-94 is sufficient.
I did not fill the forms for the transfer myself (the attorney did) so I don't know for a fact what he entered in "last manner of entry" but I'm 99.99% sure they must have said "Paroled" as they asked for my I-94 that had "paroled" stamp on it to attach with the petition.
Finally, I did not get any RFE.
Hi ssa,
Thanks for your response.
Its good to know that you were able to do a H1B Transfer
even after entering US on Advance Parole.
Followup questions:
1. Is the I-94 # on your New H1B Approval same as the I-94 which you got
when you entered US on Advance Parole?
2. I am sure that your Attorney might have mentioned that last manner of
Entry into US is "Paroled" when he filed for your H1B transfer.
Please confirm this.
3. Finally, did u get any RFE for your H1B Transfer?
I did not fill the forms for the transfer myself (the attorney did) so I don't know for a fact what he entered in "last manner of entry" but I'm 99.99% sure they must have said "Paroled" as they asked for my I-94 that had "paroled" stamp on it to attach with the petition.
Finally, I did not get any RFE.
Hi ssa,
Thanks for your response.
Its good to know that you were able to do a H1B Transfer
even after entering US on Advance Parole.
Followup questions:
1. Is the I-94 # on your New H1B Approval same as the I-94 which you got
when you entered US on Advance Parole?
2. I am sure that your Attorney might have mentioned that last manner of
Entry into US is "Paroled" when he filed for your H1B transfer.
Please confirm this.
3. Finally, did u get any RFE for your H1B Transfer?
more...
H1B2GC
09-30 10:30 PM
NSC is known to create head ache for everyone. This another case of their incompetence.
1> This H1 petition was approved 1 year ago. I have the I-797 Notice with me. Then why did they re-open this case after 1 year of approval?
They would have re-opened the case based on some evidence that became available to them after the approval or simple because they don't have work to do. I'm just speculating, in such cases they issue a NOIR requesting additional information. Can you post the NOIR? The intent is to curb H1B and greencard and NOT providing good service.
2> My I-131, I-485, I-765 applications has been accepted and chqs encashed. What happens to them now?
Greencard is filed for a permanent future job, you dont need a H1B to get one. If you get your EAD, you are SAFE whatever happens to your H1B as you can continue to work on EAD.
If the above is regarding your employer, beware they might start reviewing your approved I-140.
If you acquire 180 days and I-140 remain approved and you use AC21 to join another employer or if your I-485 gets approved. USCIS cannot do anything - Nada.
3> What about my H1-transfer which is pending?
All that will happen in the worst case is your H1b will get revoked. You can take a couple of months vacation and come back on your approved I-131 and work on EAD till you get your greencard.
Don't go nuts, keep cool; The best is yet to come!
1> This H1 petition was approved 1 year ago. I have the I-797 Notice with me. Then why did they re-open this case after 1 year of approval?
They would have re-opened the case based on some evidence that became available to them after the approval or simple because they don't have work to do. I'm just speculating, in such cases they issue a NOIR requesting additional information. Can you post the NOIR? The intent is to curb H1B and greencard and NOT providing good service.
2> My I-131, I-485, I-765 applications has been accepted and chqs encashed. What happens to them now?
Greencard is filed for a permanent future job, you dont need a H1B to get one. If you get your EAD, you are SAFE whatever happens to your H1B as you can continue to work on EAD.
If the above is regarding your employer, beware they might start reviewing your approved I-140.
If you acquire 180 days and I-140 remain approved and you use AC21 to join another employer or if your I-485 gets approved. USCIS cannot do anything - Nada.
3> What about my H1-transfer which is pending?
All that will happen in the worst case is your H1b will get revoked. You can take a couple of months vacation and come back on your approved I-131 and work on EAD till you get your greencard.
Don't go nuts, keep cool; The best is yet to come!
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gk_2000
04-22 09:17 PM
Cmon dude. We expect a better example to back up.
The example you state is a violation of anyone's civil rights...leave alone an immigrant.
No one is raping you by imposing a per-country limit on your green card application.
Congress used the power given to them by the Constitution to frame Immigration laws and they created a formula for regulation. Per-country limit is that formula which they had every right to create in order to uphold the balance of immigration in their country. Getting a GC is not anyone's right..its a privelege bestowed based on the applicant meeting certain criteria which includes quotas, as per the country's laws. There is NO civil rights impact. You are getting your green card in the end...only problem is they are making you wait 10 years because of that formula. But none of your civil rights are being impinged upon. So we should work to change flawed law rather than try to muddle the issue with civil rights. No matter what extreme example you give, you will still never be able to prove that your civil rights were impinged because you are having to wait for 10 years in a legal queue while your application is pending.
Don't get caught up trying to defend a stance no matter how irrelevant it may be. Its better we focus our time and effort on more achievable and valid provisions.
Good Luck to you.
Ok bye....... until next time :)
The example you state is a violation of anyone's civil rights...leave alone an immigrant.
No one is raping you by imposing a per-country limit on your green card application.
Congress used the power given to them by the Constitution to frame Immigration laws and they created a formula for regulation. Per-country limit is that formula which they had every right to create in order to uphold the balance of immigration in their country. Getting a GC is not anyone's right..its a privelege bestowed based on the applicant meeting certain criteria which includes quotas, as per the country's laws. There is NO civil rights impact. You are getting your green card in the end...only problem is they are making you wait 10 years because of that formula. But none of your civil rights are being impinged upon. So we should work to change flawed law rather than try to muddle the issue with civil rights. No matter what extreme example you give, you will still never be able to prove that your civil rights were impinged because you are having to wait for 10 years in a legal queue while your application is pending.
Don't get caught up trying to defend a stance no matter how irrelevant it may be. Its better we focus our time and effort on more achievable and valid provisions.
Good Luck to you.
Ok bye....... until next time :)
more...
vphope
12-08 12:15 PM
I also sent the email about my struggle and the way immigration system is messed up..
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Sreeshankar
05-01 04:12 PM
Hi
Today I have seen soft lud on my 485 application, My pd is dec06 eb2-India, I have called uscis IO she updated my address and she told me that they are waiting for visa number once visa number is available they are working on my case, I asked her why I got soft LUD, she replied that IO opened my file and find out that country VISA number is not available. Because they touch my file I got soft LUd.
Thanks
Aj
Please could you people kindly post which service center is it - TSC or NSC ?
Thank you very much.
Sree
Today I have seen soft lud on my 485 application, My pd is dec06 eb2-India, I have called uscis IO she updated my address and she told me that they are waiting for visa number once visa number is available they are working on my case, I asked her why I got soft LUD, she replied that IO opened my file and find out that country VISA number is not available. Because they touch my file I got soft LUd.
Thanks
Aj
Please could you people kindly post which service center is it - TSC or NSC ?
Thank you very much.
Sree
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Bytes4Lunch
03-08 02:29 AM
"lotsofspace"
To answer your question
"Do they enter a validity date on I94 when we enter using AP ? If so what date would that be ?"
The expiration on the new I-94 after using AP is 1 year from the time the AP is used and not related to AP expiration date from my experience.
The I-94 date I received was 6 months beyond my AP expiration.
To answer your question
"Do they enter a validity date on I94 when we enter using AP ? If so what date would that be ?"
The expiration on the new I-94 after using AP is 1 year from the time the AP is used and not related to AP expiration date from my experience.
The I-94 date I received was 6 months beyond my AP expiration.
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PlainSpeak
04-19 07:28 PM
It is not about 4 years degree But 16 years education to attain the degree.
Does anyone know recent EB2 approvals with B.Sc., B.Com degree from India (Even with M.Sc. , MBA, MCA etc). I thought they stopped approving such cases long back.
Well of that is the case then his case will not be approved. What diiference does it make to uyou
Does anyone know recent EB2 approvals with B.Sc., B.Com degree from India (Even with M.Sc. , MBA, MCA etc). I thought they stopped approving such cases long back.
Well of that is the case then his case will not be approved. What diiference does it make to uyou
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bondgoli007
11-06 03:35 PM
The intent of the H1B program is not to bring people in the country in "Anticipatory mode" as you put it. The intent of the H1B program had always been for US employers to hire foreign skilled workers "On-Demand" when no american is willing, qualified or able to do the said job. Prior to 1999, the visa cap was 65000/yr WITHOUT the extra master's degree cap we have now, and still visas were never totally used up for any year, certainly not on the first day. It is only after the advent of the IT consulting companies hoarding visas in "anticipation" of future jobs that the problems started. Without any restrictions on this kind of abuse, no amount of H1 visa increase would be sufficient. They are talking of raising visas to 130,000 right? Based on the FY 2008 applications, those visas would be used up in TWO DAYS!
IMHO, the intent of the H1B program is equally important than just loopholes (or not) in the letter of the law.
Well said...We are all here due to the H1B visa and I am Thankful for it. However the fact is there is some fraud that goes on. It surely is not be as much as anti H1 folks contend it is but there is some prevention that can be done.
The argument about anticipatory mode will not sit well with even most in this forum. The program is supposed to be on demand..If the visas are running out on first day, then the blame does go to the the anticipatory applications that eat up visas from actual engineers who have a job offers.
Sen Grassley is somewhat right...however, without any parallel reforms in the EB process, all his speech did was come across as simply anti H1. If he is really concerned about the H1 program and its potential benefit , he should be equally be concerned about the H1B employees who are in the EB Immi limbo. So far from his track record, I am not inclined to hold any hope that he will equally pursue EB reforms.
I totally agree with the post from WeShallOvercome....I absolutely feel the same way!
IMHO, the intent of the H1B program is equally important than just loopholes (or not) in the letter of the law.
Well said...We are all here due to the H1B visa and I am Thankful for it. However the fact is there is some fraud that goes on. It surely is not be as much as anti H1 folks contend it is but there is some prevention that can be done.
The argument about anticipatory mode will not sit well with even most in this forum. The program is supposed to be on demand..If the visas are running out on first day, then the blame does go to the the anticipatory applications that eat up visas from actual engineers who have a job offers.
Sen Grassley is somewhat right...however, without any parallel reforms in the EB process, all his speech did was come across as simply anti H1. If he is really concerned about the H1 program and its potential benefit , he should be equally be concerned about the H1B employees who are in the EB Immi limbo. So far from his track record, I am not inclined to hold any hope that he will equally pursue EB reforms.
I totally agree with the post from WeShallOvercome....I absolutely feel the same way!
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pappu
04-19 03:09 PM
Actually I know someone who got it even faster.
This Pakistani guy came to the US in 2004 fresh off boat to do Masters. Completed Masters by mid 2005, immediately landed job at MS, they started his GC immediately in EB2 ROW and by end of 2005 he had GC in hand. It was ridiculous.
This is truly unfair where country of birth determined who gets an 'Employment' based greencard before someone else. It can only be fixed by eliminating per-country limits.
This Pakistani guy came to the US in 2004 fresh off boat to do Masters. Completed Masters by mid 2005, immediately landed job at MS, they started his GC immediately in EB2 ROW and by end of 2005 he had GC in hand. It was ridiculous.
This is truly unfair where country of birth determined who gets an 'Employment' based greencard before someone else. It can only be fixed by eliminating per-country limits.
more...
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desi3933
01-22 10:00 AM
Lets not assume we know all legal stuff.
Defining employer - employee relationship is different from abuse and we cannot relate these two.
I do agree that to challenge the law rightfully, one has to have credibility.
You are right that employer-employee relationship is different from abuse. However, they are related especially if employer takes legal route.
I wanted to stress thru my post that H1-B worker can not put legal fight for these memo as it has to come from employer. Only time will tell, if or when any employer takes that step.
One thing, I would like to add here is that memo are advisory in nature and they do not have force of law and apply only to USCIS officers, not to immigration judges.
________________
Not a legal advice.
Defining employer - employee relationship is different from abuse and we cannot relate these two.
I do agree that to challenge the law rightfully, one has to have credibility.
You are right that employer-employee relationship is different from abuse. However, they are related especially if employer takes legal route.
I wanted to stress thru my post that H1-B worker can not put legal fight for these memo as it has to come from employer. Only time will tell, if or when any employer takes that step.
One thing, I would like to add here is that memo are advisory in nature and they do not have force of law and apply only to USCIS officers, not to immigration judges.
________________
Not a legal advice.
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pa_arora
01-31 07:05 PM
Also if you have multiple browsers (IE, Firefox), you can vote from each of them once :D
Doesn't work for me. I have Opera and IE. Thats the first thing I tried this morning when I voted...but anyways we have put-in enought efforts to have 2 questions in first 10.
Had atleast 40 votes on this.
Doesn't work for me. I have Opera and IE. Thats the first thing I tried this morning when I voted...but anyways we have put-in enought efforts to have 2 questions in first 10.
Had atleast 40 votes on this.
more...
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gman
06-15 09:35 PM
Has any of you guys heard of "Follow to Join". I believe that if you are "legaly married" before filing I-485 then you should be able to bring your spouse in whenever your GC is approved. If your GC is not approved by the time you get married i think she should be able to come in under H4.
I'm in a similar situation but more complex. My fiancee was in the US on J-1 visa and had to go back because of 2 year Home residency requirement. I have e-mailed my attorney but she's on vacation until next week. I have my 140 approved and am not sure what next step is as my fiancee's j1 2 year HRR is not up until Jan 2008.
I'm in a similar situation but more complex. My fiancee was in the US on J-1 visa and had to go back because of 2 year Home residency requirement. I have e-mailed my attorney but she's on vacation until next week. I have my 140 approved and am not sure what next step is as my fiancee's j1 2 year HRR is not up until Jan 2008.
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gc_on_demand
04-27 10:37 AM
Picture will become more clear in MAY when Pres. OBAMA will announce his plan for CIR 2009. If he does then chances of this bill going anywhere is very minimal. Also don't forget that this is just in senate. Same version needs to be pass in House. Amendment to Stimulas package regarding Financial Company cannot hire h1b was relatively easy. It doesnot need bill go through all sub committee and other lengthy process.
I think we should focus only on our main agenda. Green Card. We can closly watch this bill. Even if it advance to subcommitte in Senate ( Hearing and all ) then we can start move on it otherwise we will waste so much of our manpower and energy.
Wouldn't it be their statergy to divert / divide people on H1b / L1b issue so we loose our energy by the time CIR 2009 planing going on. And they can easily add some more real actions in CIR ?
I think we should focus only on our main agenda. Green Card. We can closly watch this bill. Even if it advance to subcommitte in Senate ( Hearing and all ) then we can start move on it otherwise we will waste so much of our manpower and energy.
Wouldn't it be their statergy to divert / divide people on H1b / L1b issue so we loose our energy by the time CIR 2009 planing going on. And they can easily add some more real actions in CIR ?
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vvskm
04-21 10:32 AM
Just contributed $100 thru Paypal.
Receipt ID:
5446-6344-0684-8231
Receipt ID:
5446-6344-0684-8231
immi_twinges
07-15 07:38 AM
singed and done!
It was mentioned in the other thread.
It was mentioned in the other thread.
saimrathi
07-11 10:30 PM
I guest most news media will cover Lady Bird Johnson's funeral on Saturday... what do we do to increase the media drive??? :confused:
http://www.reuters.com/article/topNews/idUSN1131261920070712
http://www.reuters.com/article/topNews/idUSN1131261920070712
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