desi3933
02-02 02:32 PM
Thanks for your inputs Desi.
.....
one must be employed at all times on EAD
......
Not Correct. One must have a LC job offer and it must be available at all times since PD to the date of I-485 approval.
____________________
Not a legal advice.
US Citizen of Indian Origin
.....
one must be employed at all times on EAD
......
Not Correct. One must have a LC job offer and it must be available at all times since PD to the date of I-485 approval.
____________________
Not a legal advice.
US Citizen of Indian Origin
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Almond
07-05 01:36 PM
Financial situation of all the non paying members is so bad that they earn 55-60K on avg and beyond. They all have all the filmi difficulties we see every day. What more reasons do we need NOT to pay?
Seriously!?
Seriously!?
sid3699
09-16 10:16 PM
My H1B visa stamp has expired, but I have the approval papers extending my H1B until Jan 2011. My company filed for bankruptcy. Another company bought parts of my company (not the entire company) in which I work. So I got absorbed by the buyer.
What happens to my visa? Does the new company have to file for an amended petition? If so, how long does that take?
I have to travel to India in two months. If they file the petition and I travel out of the country before I get the approval, will that be safe?
Thanks very much.
What happens to my visa? Does the new company have to file for an amended petition? If so, how long does that take?
I have to travel to India in two months. If they file the petition and I travel out of the country before I get the approval, will that be safe?
Thanks very much.
2011 Adam Lambert Grammy.
desi3933
01-30 02:54 PM
Ok.......
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
delax
07-13 09:49 AM
go figure..u jacko.. this forum is not give publicty to lawyers.
pls close this thread
Appreciate your comment - :) A healthy debate is beyond your reach and the ability to appreciate another view point seems to be completely missing. The last time I checked a forum is precisely for that - I am not defending or promoting anybody - Please - lets stick to Gandhian principles when we deal with each other not just with USCIS :)
pls close this thread
Appreciate your comment - :) A healthy debate is beyond your reach and the ability to appreciate another view point seems to be completely missing. The last time I checked a forum is precisely for that - I am not defending or promoting anybody - Please - lets stick to Gandhian principles when we deal with each other not just with USCIS :)
BharatPremi
03-17 01:35 PM
As i said, eb3 to eb2 porting is not easy....Unless, there is very strong case, like applicant having US Masters degree but employer filed in EB3 for reasons they only know....
Read this story...
http://immigrationvoice.org/forum/showthread.php?t=13810
What are you talking about? I have seen people granted H1 and GC (Under EB2) not even with graduate degree.. It is all paperwork game.
Read this story...
http://immigrationvoice.org/forum/showthread.php?t=13810
What are you talking about? I have seen people granted H1 and GC (Under EB2) not even with graduate degree.. It is all paperwork game.
more...
srikondoji
07-04 08:58 PM
Rambha:
First hats off to you to source information and then put it on this forum.
However, how will this mistake be rectified?
What happens to us who have spend so much money on preparations?
Among these 700K or so applicants, iam not sure how many have to leave the country because of various reasons before there PDs become current again in near future.
In that case, who should reimburse the costs? If this was a case of poor customer service, then they should also follow this age old saying in business community "Customer is always right" and promptly refund the expenses incurred.
I am for requesting the congress for a special vehicle for july filers. There should be a way out for all the affected applicants no matter what their PD was.
In matter of 2 weeks, the billion dollar mistake have costed us dearly in lot many other ways.
First hats off to you to source information and then put it on this forum.
However, how will this mistake be rectified?
What happens to us who have spend so much money on preparations?
Among these 700K or so applicants, iam not sure how many have to leave the country because of various reasons before there PDs become current again in near future.
In that case, who should reimburse the costs? If this was a case of poor customer service, then they should also follow this age old saying in business community "Customer is always right" and promptly refund the expenses incurred.
I am for requesting the congress for a special vehicle for july filers. There should be a way out for all the affected applicants no matter what their PD was.
In matter of 2 weeks, the billion dollar mistake have costed us dearly in lot many other ways.
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justAnotherFile
12-30 05:25 PM
this is mostly a san-diego base community not sure how popular it is in other cities.
http://www.sasural.com/san_diego/classifieds/counseling/view/?10841
http://www.sasural.com/san_diego/classifieds/counseling/view/?10841
more...
ramaonline
04-23 02:19 AM
according to a recent news item, the house speaker needs the support of at least 70 republicans to even consider a vote:
House Speaker Nancy Pelosi, D-Calif., has told the White House she could not pass a bill with Democratic votes alone, nor would she seek to enforce party discipline on the issue.
Bush would have to produce at least 70 Republican votes before she would consider a vote on comprehensive immigration legislation. Garnering such support might be very difficult for a president saddled with low approval ratings.
Democratic conservatives, particularly freshmen who seized their seats from Republicans, had to weather a barrage of attacks on the issue before their victories in November and are not eager to relive the experience, party aides and lawmakers say.
House Speaker Nancy Pelosi, D-Calif., has told the White House she could not pass a bill with Democratic votes alone, nor would she seek to enforce party discipline on the issue.
Bush would have to produce at least 70 Republican votes before she would consider a vote on comprehensive immigration legislation. Garnering such support might be very difficult for a president saddled with low approval ratings.
Democratic conservatives, particularly freshmen who seized their seats from Republicans, had to weather a barrage of attacks on the issue before their victories in November and are not eager to relive the experience, party aides and lawmakers say.
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gc_on_demand
11-11 01:36 PM
IV needs funds for lobbying. So rajuram - please start a campaign to collect funds for lobbying. You can be the first contributor. You can help in all ways, by lobbying, media, funding and driving threads to collect funds.
Shall we start a funding drive? rajuram - can you lead it?
We can do something to start with call. later admin adds funding drive or some senior member will add funding drive. Why people asking for IV core is If I or other member will start some thread/campaign it will divert to other discussion or no more support. But I have notice that if IV core starts it people become active and call or write email.
Even being a organization some one may be prez of IV org can call Zoe and find out what will be deal with HR 5882 in lame duck session. They will not reply to me or other members but atleast can reply to some IV rep.
hows that ? I am not favoring rajuram or not against chandu.. just expressing what I am thinking and what others may do..
Shall we start a funding drive? rajuram - can you lead it?
We can do something to start with call. later admin adds funding drive or some senior member will add funding drive. Why people asking for IV core is If I or other member will start some thread/campaign it will divert to other discussion or no more support. But I have notice that if IV core starts it people become active and call or write email.
Even being a organization some one may be prez of IV org can call Zoe and find out what will be deal with HR 5882 in lame duck session. They will not reply to me or other members but atleast can reply to some IV rep.
hows that ? I am not favoring rajuram or not against chandu.. just expressing what I am thinking and what others may do..
more...
jaggu bhai
08-10 02:15 PM
I am also in.... for anything:confused:
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vagish
04-04 02:51 PM
The Durbin-Grassley bill would prohibit employers from hiring H-1B employees who are then outsourced to other companies. This is a method that some companies use to evade restrictions on hiring H-1Bs.
http://durbin.senate.gov/record.cfm?id=271783
only if the bill passes in its current form with no amendments, which highly unlikely.
http://durbin.senate.gov/record.cfm?id=271783
only if the bill passes in its current form with no amendments, which highly unlikely.
more...
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alisa
01-18 10:10 PM
just sent it to you
wasn't sure i could put a file here
The following is a copy paste of the hopeless situation for many many of us, from the presentation paskal was referring to.
Please add more facts, figures, numbers.
There are around 147,000 employment based Visa number available every year.
Each country in the world, irrespective of population, equally share from the same bucket for Visa Number.
Total there are 100 (suppose) country in world. Each country will get 1470 Visa Number allocated / year.
This 1470 will be divided between EB1, EB2 and EB3 category
That means every category will get 490 Visa Number.
USCIS statistics show each household has at least two member. So only 245 household from India in EB3 category will get GC in a year.
Total GC application pending with USCIS is around 1MM.
In simple you are in a funnel and if you don�t act now you will be in funnel for lifetime.
wasn't sure i could put a file here
The following is a copy paste of the hopeless situation for many many of us, from the presentation paskal was referring to.
Please add more facts, figures, numbers.
There are around 147,000 employment based Visa number available every year.
Each country in the world, irrespective of population, equally share from the same bucket for Visa Number.
Total there are 100 (suppose) country in world. Each country will get 1470 Visa Number allocated / year.
This 1470 will be divided between EB1, EB2 and EB3 category
That means every category will get 490 Visa Number.
USCIS statistics show each household has at least two member. So only 245 household from India in EB3 category will get GC in a year.
Total GC application pending with USCIS is around 1MM.
In simple you are in a funnel and if you don�t act now you will be in funnel for lifetime.
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masouds
02-16 12:18 PM
On one side you are praising the bigotry of 1940's and racism and on the other hand talking unity. I am sure you are are looser in your life and now Indians and Chinese are your targets since you don't know the meaning of competition. I am not going to waste my time as I am not even sure who planted you here. If you are really not a non-immigrant phony, please state your contribution to the IV efforts. Otherwise we don't need a racist punk like you. Now get off my back:mad:
I have contributed $200 to IV, during (or a bit after) the July-August gold rush. I just don't feel like showing it off to everyone. And you calling me a loser (and not looser you moron), a planted and a racist punk is really funny, since *I* am the minority here. Without your own knowledge, you are a better supporter of status quo than I am as you show your true side to everyone here.
I have contributed $200 to IV, during (or a bit after) the July-August gold rush. I just don't feel like showing it off to everyone. And you calling me a loser (and not looser you moron), a planted and a racist punk is really funny, since *I* am the minority here. Without your own knowledge, you are a better supporter of status quo than I am as you show your true side to everyone here.
more...
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feedfront
10-05 03:07 PM
My attorney will be sending it today via USPS overnight mail.
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dilber
04-23 08:33 PM
Hearty Congratulations Googler. Your Information did give me some thing to analize for a long while. I will miss them. Have a very good time.
more...
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nivasch
12-13 10:43 AM
Hi, I am from NJ, srini_chenna@yahoo.com
:)
:)
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gcisadawg
03-09 06:52 PM
Quick question guys :- My PD is feb 2008 and I140 was approved in july 08.
I also want to call my congessman, can you please tell what are the things you talk to them?
A brief guidance will help many others like me to make a call.
~
I asked our area congressman to inquire about pending I-140.
Instead, they inquired about pending I-485 and came back with a message saying" Sorry, you have to wait it out since your PD is light years away as compared to current EB3/I processing date"
I also want to call my congessman, can you please tell what are the things you talk to them?
A brief guidance will help many others like me to make a call.
~
I asked our area congressman to inquire about pending I-140.
Instead, they inquired about pending I-485 and came back with a message saying" Sorry, you have to wait it out since your PD is light years away as compared to current EB3/I processing date"
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vsrinir
11-11 04:47 PM
Immigration Reform Rally Planned For January
11/11/2008 2:57 PM ET
TOP MARKET NEWS
(RTTNews) - A coalition of immigrant advocacy organizations is planning a mass rally in Washington on the first full day of the Obama Administration to push for immigration reform.
Hoping to draw tens of thousands of immigrants and supporters from around the country and around the region, coalition leaders said they would push the new Congress and administration for "just" and "humane" reform of the nation's immigration laws.
"We are looking for humane immigration reform … less punitive laws," said Jessica Alvarez, co-chairwoman of the National Capital Immigrant Coalition.
Alvarez said the coalition is hoping to build on the electoral efforts of the immigrant community, noting that the Latino vote was up 30 percent this year from the 2004 presidential election.
"The immigrant community has embraced the spirit of hope and democracy surrounding this historic election," Alvarez said. "We helped them get here. We also need our issues addressed."
Speaking with RTTNews after a press conference to announce the rally, Alvarez conceded that immigration reform has been a "thorny" issue that could be difficult for the Obama Administration to tackle early on.
However, she argued that immigration issues are central to the country's economic recovery.
"The economy's priorities are around families, around jobs, around the welfare of our communities," Alvarez said. "That's exactly what immigration reform will bring to our communities."
She added, "Immigration reform will bring a clear picture for our economy."
In addition to a less punitive attitude for those who have entered the country illegally, the coalition is also seeking stricter enforcement of labor laws to reduce incentives for employers to exploit immigrants, said Angelica Salas of the Fair Immigration Reform Movement.
"We want more enforcement of labor laws. That way you take away the advantage of unscrupulous employers and put everybody on a level playing field," she said.
by RTT Staff Writer
http://www.rttnews.com/Content/PoliticalNews.aspx?Node=B1&Id=772155
11/11/2008 2:57 PM ET
TOP MARKET NEWS
(RTTNews) - A coalition of immigrant advocacy organizations is planning a mass rally in Washington on the first full day of the Obama Administration to push for immigration reform.
Hoping to draw tens of thousands of immigrants and supporters from around the country and around the region, coalition leaders said they would push the new Congress and administration for "just" and "humane" reform of the nation's immigration laws.
"We are looking for humane immigration reform … less punitive laws," said Jessica Alvarez, co-chairwoman of the National Capital Immigrant Coalition.
Alvarez said the coalition is hoping to build on the electoral efforts of the immigrant community, noting that the Latino vote was up 30 percent this year from the 2004 presidential election.
"The immigrant community has embraced the spirit of hope and democracy surrounding this historic election," Alvarez said. "We helped them get here. We also need our issues addressed."
Speaking with RTTNews after a press conference to announce the rally, Alvarez conceded that immigration reform has been a "thorny" issue that could be difficult for the Obama Administration to tackle early on.
However, she argued that immigration issues are central to the country's economic recovery.
"The economy's priorities are around families, around jobs, around the welfare of our communities," Alvarez said. "That's exactly what immigration reform will bring to our communities."
She added, "Immigration reform will bring a clear picture for our economy."
In addition to a less punitive attitude for those who have entered the country illegally, the coalition is also seeking stricter enforcement of labor laws to reduce incentives for employers to exploit immigrants, said Angelica Salas of the Fair Immigration Reform Movement.
"We want more enforcement of labor laws. That way you take away the advantage of unscrupulous employers and put everybody on a level playing field," she said.
by RTT Staff Writer
http://www.rttnews.com/Content/PoliticalNews.aspx?Node=B1&Id=772155
sri1309
12-12 06:43 AM
Agreed! But when you call your bank to send you a debit card, they send it in days if not in weeks....that shows a sign of inter-dependability and a sense of need for each other. Sort of...I need you, you need me. You do not have to file MTR if they don't send you a debit card within 10 days.
Compare that with US consulate and DOS VISA bulletin and GC process...
Kumar,
We recently had this experience with our bank. We saw a level of carelessness thrice. You know what, we closed our account with the bank and open it with a new one. Please do not assume somebody is doing a favor on you. You contribute and work hard. You will get benefits. Same applies to the other party also. Please be able to see from both sides, else it will leave a bad taste for you as you seem to assume that you are the taker. Most of us are givers too here. Please respect the contribution IF you make. I have seen this one-sided feeling mostly with people who are just takers and do not contribute atall. If thats the case, then you are absolutely right.
But not in my case. Doesnt look in Kavita's case or many others, as I see.
Compare that with US consulate and DOS VISA bulletin and GC process...
Kumar,
We recently had this experience with our bank. We saw a level of carelessness thrice. You know what, we closed our account with the bank and open it with a new one. Please do not assume somebody is doing a favor on you. You contribute and work hard. You will get benefits. Same applies to the other party also. Please be able to see from both sides, else it will leave a bad taste for you as you seem to assume that you are the taker. Most of us are givers too here. Please respect the contribution IF you make. I have seen this one-sided feeling mostly with people who are just takers and do not contribute atall. If thats the case, then you are absolutely right.
But not in my case. Doesnt look in Kavita's case or many others, as I see.
anilsal
12-13 12:44 AM
I still cannot understand why they do not allow one to file I-485 when the visa numbers are not current. Atleast 485 will give the person an opportunity to obtain a EAD card.
If not, the person is in a limbo.
If not, the person is in a limbo.