gcspace
10-02 08:53 PM
I am still waiting for I 485 RN :( July 16 filed at Nebrasks signed by R. Pitcher
Vivek
Hi Vivek,
What time was your package delivered on July 16th
Vivek
Hi Vivek,
What time was your package delivered on July 16th
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sina
08-27 09:40 AM
Congrats ajaykk! I hope mine will also come in few days. That is the hope.
sankap
07-12 06:27 PM
...he may just approve even if you show the self employment will be in future (for future job requirement for GC), and he may agree for your "projected income".
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
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desi3933
02-01 08:17 AM
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not generating any salary and my consultant is not running my payroll ?
And if the H1 goes dormant then what can be done next?
Couple of questions here -
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
____________________
Not a legal advice.
US Citizen of Indian Origin
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not generating any salary and my consultant is not running my payroll ?
And if the H1 goes dormant then what can be done next?
Couple of questions here -
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
krishnam70
07-10 12:12 AM
The immigration lawyers are talking about the flower campaign! Matthew Oh reported it on his website. So did Bender's Immigration Bulletin. Now this is the latest from Greg Siskind's blog!
http://blogs.ilw.com/gregsiskind/
Emilio has made a statement that the flowers will be forwarded to Walter Reed hospital
http://blogs.ilw.com/gregsiskind/
Emilio has made a statement that the flowers will be forwarded to Walter Reed hospital
desi3933
01-30 02:32 PM
......
When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action.
.....
.....
H1b will not go dorment untill you change to H4.
Incorrect!
3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.
However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.
____________________
Not a legal advice.
US Citizen of Indian Origin
When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action.
.....
.....
H1b will not go dorment untill you change to H4.
Incorrect!
3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.
However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
delta313
02-16 04:42 PM
Transaction id: 0875-4353-9232-5569
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Jerrome
08-15 11:55 AM
Documents Mailed : July 17th 2008
Documents Received : July 18th 2008.
EAD Approved on August 14th 2008 for me, For my spouse still pending. My EB2 PD is current.
it means no luck this time for GC, i guess
Documents Received : July 18th 2008.
EAD Approved on August 14th 2008 for me, For my spouse still pending. My EB2 PD is current.
it means no luck this time for GC, i guess
more...
mirage
03-09 02:38 PM
Guys everybody has a story, in my area Labors were getting cleared in less than 1 month in mid of 2003. When my attorney filed my labor and we didn�t hear on it for 3 months, my Attorney called up the local labor dept. they told him that the person who used to do foreign labor certs met with an accident and is on extended leave, It took 13 months for the local office, by that time BECs were born, retrogression�..
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gccovet
02-09 02:45 PM
I will mail my $50 Contribution Today.
GO IV GO-
Thanks a lot rvurady14.
GO IV GO-
Thanks a lot rvurady14.
more...
gimme Green!!
07-10 03:17 PM
my 2cents suggestion...
1) Can we advertise about this rally in our grocery shops....
2) Can we bring our family memembers also.......
1. Sure you can.
2. The more the better!!
1) Can we advertise about this rally in our grocery shops....
2) Can we bring our family memembers also.......
1. Sure you can.
2. The more the better!!
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SunnySurya
08-18 02:02 PM
Is there anyone who is with me, anyone at all? I need around 15 people to kick this off...
I am just looking for three things
a) A letter that we will jointly send to few people. Urging them to follow a fair system.
b) Talk to your lawyer to discss with AILA
c) Talk to you chapter leader.
I am just looking for three things
a) A letter that we will jointly send to few people. Urging them to follow a fair system.
b) Talk to your lawyer to discss with AILA
c) Talk to you chapter leader.
more...
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mannan74
08-27 10:42 PM
I-140 Filed 7/12/07 (Pending)
I-485, I-765, I-131 Filed 7/25/07 (Ofcourse pendin)
Dont know if checks cashed as it was sent by my company lawyers.
No Reciepts yet for either of them, atleast not yet updated in my employee profile in company.
Thanks
I-485, I-765, I-131 Filed 7/25/07 (Ofcourse pendin)
Dont know if checks cashed as it was sent by my company lawyers.
No Reciepts yet for either of them, atleast not yet updated in my employee profile in company.
Thanks
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gcspace
10-02 08:53 PM
I am still waiting for I 485 RN :( July 16 filed at Nebrasks signed by R. Pitcher
Vivek
Hi Vivek,
What time was your package delivered on July 16th
Vivek
Hi Vivek,
What time was your package delivered on July 16th
more...
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srinithati
12-15 11:38 PM
Don't worry Bro' this retrogrssion is artificial...
Cases Pending for year 2000, 2001, 2002 & 2003 may be few hundresds..
even single case is is pending(due to name check delays and and it has been cleared recently), they have to regtrogate to cover that case...
For EB2, retrogression is artificial, it doesnot reflect actual numbers.
March/April 2008 - will show up more realistic numbers..
Cases Pending for year 2000, 2001, 2002 & 2003 may be few hundresds..
even single case is is pending(due to name check delays and and it has been cleared recently), they have to regtrogate to cover that case...
For EB2, retrogression is artificial, it doesnot reflect actual numbers.
March/April 2008 - will show up more realistic numbers..
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newuser
05-23 12:14 PM
Are you using a webfax or a fax machine?
Thank you, finished emails.
Starting to fax now.
Thank you, finished emails.
Starting to fax now.
more...
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jthomas
03-25 03:37 PM
My PD is Oct 2006. Its seems like i have to wait around 10+ years. Do you think i should go for EAD instead of H1B transfer and H1B extension
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lutherpraveen
10-02 02:38 PM
I took a printout of the receiver's signature image and the tracking information from the Fedex website just in case.
My attorney also mentioned that he submitted my case to the NSC liaison (I think he is referring to the AILA liaison of the NSC center) for follow up to see if they can help confirm the status of my application.
I'll keep you posted on the progress.
I am just trying to make list of people stuck on July 3rd at 9:03 received by R.William. Appears that our box is lost.
Here is the information I got of people(July 3rd) still waiting
If there are more plz...added it to list
-----list-------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
My attorney also mentioned that he submitted my case to the NSC liaison (I think he is referring to the AILA liaison of the NSC center) for follow up to see if they can help confirm the status of my application.
I'll keep you posted on the progress.
I am just trying to make list of people stuck on July 3rd at 9:03 received by R.William. Appears that our box is lost.
Here is the information I got of people(July 3rd) still waiting
If there are more plz...added it to list
-----list-------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
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desi3933
06-28 11:47 AM
desi,
All the points you mentioned are valid and sensible from a business perspective.
In case, you didn't read, I said valid legal reasons.
Here is text from my post
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
All the points you mentioned are valid and sensible from a business perspective.
In case, you didn't read, I said valid legal reasons.
Here is text from my post
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
rpulipati
10-09 10:16 AM
I understand that you want to use experience before PD. However, there is no much gain and makes it more complex.
For example, the person who does not start PD for 5 years on work can get only 6 months earlier preference.
My thoughts.
For old PD, pending I-140 should not be bottleneck.
PD should be first criteria but US experience should not be ignored completely. US experience should be giving less point then PD.
10 points for each month for PD and 1 point for each month for being in US. GC priority should be created after calculating total points for PD and for being in US.
For example, the person who does not start PD for 5 years on work can get only 6 months earlier preference.
My thoughts.
For old PD, pending I-140 should not be bottleneck.
PD should be first criteria but US experience should not be ignored completely. US experience should be giving less point then PD.
10 points for each month for PD and 1 point for each month for being in US. GC priority should be created after calculating total points for PD and for being in US.
gcstudent
08-31 02:43 PM
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
you sure look different... yes, there is a different quota for people like you.. You should check with your lawyer.
you sure look different... yes, there is a different quota for people like you.. You should check with your lawyer.
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