sai
04-18 10:21 AM
Its accurate:
AILA site also shows the same
http://www.aila.org/content/default.aspx?docid=19127
AILA site also shows the same
http://www.aila.org/content/default.aspx?docid=19127
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Green06
08-24 11:02 AM
Keep cheking the link below. It is archive of Kathy's shows. EOD today or by tomorrow the show should be archived here.
http://wpr.org/webcasting/audioarchives_display.cfm?Code=dun
http://wpr.org/webcasting/audioarchives_display.cfm?Code=dun
chanduv23
09-10 02:40 PM
Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.
Interesting. I have personally known of companies who teamed up with Attorneys and delayed filing 485s for good performing employees for fear of losing them. Some even cheated their employees by saying they filed but did not file.
During July Visa Bulletin fiasco - I have known of Attorneys that were doing all these things to their clients (I warned these people that their employer and Attorney is jointly cheating them, some understood and sprung in action, some said, there is nothing much we can do, some did not believe me)
Interesting. I have personally known of companies who teamed up with Attorneys and delayed filing 485s for good performing employees for fear of losing them. Some even cheated their employees by saying they filed but did not file.
During July Visa Bulletin fiasco - I have known of Attorneys that were doing all these things to their clients (I warned these people that their employer and Attorney is jointly cheating them, some understood and sprung in action, some said, there is nothing much we can do, some did not believe me)
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cptbaseball
05-14 11:22 AM
Hi attorneys,
I came to US on L-1B visa with expiry date of Nov-28-2009. My same company this year filed H-1B with COS using Premium processing. My H-1B and COS has been approved now.
Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?
Q#2: When I come back I will enter on L-1B visa, will this abandon my approved COS and H-1B?
Q#3: If I travel based on Q#1 and Q#2 will I still be automatically converted to H-1B on Oct-1-2009? Actually I prefer to switch on to H-1B from Oct-1-2009???
Q#4: Since I will get a new I-94 when I enter USA on Aug-19-2009 what happens to my COS I-94. The number may be conflicting. Is that a problem?
Q#5: Next year that is Dec-2010 I have travel plan to India again, which I-94 will I submit when I leave USA?
Q#6: Next year (Dec 2010) when I leave for India, I would need visa stamping? Will this travel in Aug-2009 affect it? Can the Visa Officer just make it an issue?
Q#7: Will I have any out of status issue in the future that may jeopardize, any future visa stamping or my GC process by traveling in August 2009?
I came to US on L-1B visa with expiry date of Nov-28-2009. My same company this year filed H-1B with COS using Premium processing. My H-1B and COS has been approved now.
Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?
Q#2: When I come back I will enter on L-1B visa, will this abandon my approved COS and H-1B?
Q#3: If I travel based on Q#1 and Q#2 will I still be automatically converted to H-1B on Oct-1-2009? Actually I prefer to switch on to H-1B from Oct-1-2009???
Q#4: Since I will get a new I-94 when I enter USA on Aug-19-2009 what happens to my COS I-94. The number may be conflicting. Is that a problem?
Q#5: Next year that is Dec-2010 I have travel plan to India again, which I-94 will I submit when I leave USA?
Q#6: Next year (Dec 2010) when I leave for India, I would need visa stamping? Will this travel in Aug-2009 affect it? Can the Visa Officer just make it an issue?
Q#7: Will I have any out of status issue in the future that may jeopardize, any future visa stamping or my GC process by traveling in August 2009?
more...
TeddyKoochu
01-06 02:57 PM
There is nothing called "upgrade". You can file a second I-140 as EB1-A in parallel. Other than the money and energy spent, there is no downside. AFAIK, there is no "eligibility" for filing EB1-A. In the petition, you must demonstrate that you meet the minimum number of criteria described by USCIS.
USCIS - EB-1 Eligibility and Filing (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Sincerest thanks for the information. Iam looking at criteria 1 to 10 in the list that you have provided. I believe that I can gather evidence to satisfy 2 criteria�s completely and maybe 1 partially, does that suffice or there is a rule that atleast say 4 / 10 or X / 10 should be satisfied as a minimum. Most of the criteria�s are actually meant for distinguished people in research, whereas my profile is more of an IT application developer / designer.
USCIS - EB-1 Eligibility and Filing (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Sincerest thanks for the information. Iam looking at criteria 1 to 10 in the list that you have provided. I believe that I can gather evidence to satisfy 2 criteria�s completely and maybe 1 partially, does that suffice or there is a rule that atleast say 4 / 10 or X / 10 should be satisfied as a minimum. Most of the criteria�s are actually meant for distinguished people in research, whereas my profile is more of an IT application developer / designer.
arnet
11-16 12:28 AM
you can use any of the consulates in india.
but usually dates opens up if any cancellation. check vfs site often. nowadays it is easier to get appt than it used to be.
disclaimer: I'm not an immigration attroney, so consult one for your situations as laws/procedures are changing often.
I just noticed that the dates in Chennai are not available for returning H1's. What should i do ??Can i book in any consulate ..
but usually dates opens up if any cancellation. check vfs site often. nowadays it is easier to get appt than it used to be.
disclaimer: I'm not an immigration attroney, so consult one for your situations as laws/procedures are changing often.
I just noticed that the dates in Chennai are not available for returning H1's. What should i do ??Can i book in any consulate ..
more...
mchundi
02-16 05:04 PM
I did some research on murthy.com and found that AC21 did abolish 'per country of birth quota' on recycled numbers. I am posting a link to this murthy.com article of Oct 6, 2000 which clarifies the issue.
http://www.murthy.com/news/UDh1det.html
If the link fails I am reporducing the paragraph here: -
Major highlights of ACTA are listed below :
Per Country Quotas for Immigrant Visas
"Under Section 104, with respect to immigrant visas, the per country quota, which has been adversely affecting those from China and India and which the U.S. State Department had stated could possibly affect those from the Philippines in the near future, may have been resolved with this Bill. It has always been the case that not all of the available immigrant visas were issued, since most countries did not have enough applicants to use the total available. ACTA provides that if the INS or the U.S. State Department does not issue all of the immigrant visas that should be issued in that FY, the unused immigrant visa numbers should be made available to all countries without the per country quota limit applying."
Retrogression started as the recycled numbers are no longer available and with that country quota showed its horrible effect. It is clear guys we have to concentrate our energy and our thoughts on this quota. Quota on the basis of "country of birth" on talent or skill needed is really hard to explain and we can have good logical arguments to support its abolition.
Good work jungalee32,
It is also part of our resource data base that sandeep compiled, where all these issues are clearly explained. That is why once we have the unused numbers it is like increasing the per country quota. It will bring the priority date to current for a couple of years(even if there are more cases than unused numbers with them. Just because they cannot process that faster)
--MC
http://www.murthy.com/news/UDh1det.html
If the link fails I am reporducing the paragraph here: -
Major highlights of ACTA are listed below :
Per Country Quotas for Immigrant Visas
"Under Section 104, with respect to immigrant visas, the per country quota, which has been adversely affecting those from China and India and which the U.S. State Department had stated could possibly affect those from the Philippines in the near future, may have been resolved with this Bill. It has always been the case that not all of the available immigrant visas were issued, since most countries did not have enough applicants to use the total available. ACTA provides that if the INS or the U.S. State Department does not issue all of the immigrant visas that should be issued in that FY, the unused immigrant visa numbers should be made available to all countries without the per country quota limit applying."
Retrogression started as the recycled numbers are no longer available and with that country quota showed its horrible effect. It is clear guys we have to concentrate our energy and our thoughts on this quota. Quota on the basis of "country of birth" on talent or skill needed is really hard to explain and we can have good logical arguments to support its abolition.
Good work jungalee32,
It is also part of our resource data base that sandeep compiled, where all these issues are clearly explained. That is why once we have the unused numbers it is like increasing the per country quota. It will bring the priority date to current for a couple of years(even if there are more cases than unused numbers with them. Just because they cannot process that faster)
--MC
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hebron
08-16 01:47 PM
If the employer did not pay you salary that he agreed to pay then you could complain to DOL. You stand a sure chance to get paid if you bring this to DOL's notice. You can do this anonymously. DOL would also slap your employer with a fine and he would be banned from hiring H1-B workers for few years.
more...
karthiknv143
05-14 01:14 AM
__________All Other________ China _________ India __________ Mexico _______ Phillipines
EB-1_________ C ____________ C ____________ C ____________ C ____________ C
EB-2_________ C ________ 01 APR 04 _____ 01 APR 04 _________ C ____________ C
EB-3_____ 01 MAR 06 _____ 22 Mar 03 _____ 01 NOV 01 _____ 01 JUL 02 _____ 01 MAR 06
Other_____01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03
Everything else is current.
Link to travel.state.gov bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
There are many links on this.. Please check the discussions..
EB-1_________ C ____________ C ____________ C ____________ C ____________ C
EB-2_________ C ________ 01 APR 04 _____ 01 APR 04 _________ C ____________ C
EB-3_____ 01 MAR 06 _____ 22 Mar 03 _____ 01 NOV 01 _____ 01 JUL 02 _____ 01 MAR 06
Other_____01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03
Everything else is current.
Link to travel.state.gov bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
There are many links on this.. Please check the discussions..
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meridiani.planum
07-12 08:35 AM
As long as your old I140 is not withdrawn, you can file 485. I think even if it is withdrawn, there still might be a chance, check with your NEW lawyer.
if the I-140 is withdrawn, its too late to file a 485. If its not withdrawn, he can go ahead and file a 485, but would need the co-operation of that employer (employment verification letter)
if the I-140 is withdrawn, its too late to file a 485. If its not withdrawn, he can go ahead and file a 485, but would need the co-operation of that employer (employment verification letter)
more...
cptbaseball
05-14 02:26 PM
Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
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peer123
04-09 11:15 AM
Friends,
I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation
1. I have approved I140 > 180 days in actually 300 days
2. I have approved EAD
3. mine is labor transfer case and I used an existing labor that matched my job profile
4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.
5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....
Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.
Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..
please help
bumping it up... - please provide your input
I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation
1. I have approved I140 > 180 days in actually 300 days
2. I have approved EAD
3. mine is labor transfer case and I used an existing labor that matched my job profile
4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.
5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....
Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.
Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..
please help
bumping it up... - please provide your input
more...
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bluekayal
02-24 01:49 PM
Hi,your post gives me small hope but can you please tell whether i am eligible or not.?
I am on a H-4 visa and my mother is the H-1 holder.we recently applied for i-140 and got the recipt for it.can i apply for FAFSA..?
If you've used an AP to re-enter the country ..based on I-485 filing, you can apply for FAFSA.
I am on a H-4 visa and my mother is the H-1 holder.we recently applied for i-140 and got the recipt for it.can i apply for FAFSA..?
If you've used an AP to re-enter the country ..based on I-485 filing, you can apply for FAFSA.
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glosrfc
11-24 04:37 PM
Good luck guys. :fab:
Thanks...looks like I need it too! Now I've just got to figure out how I can split my solitary vote between my two entries :look:
Thanks...looks like I need it too! Now I've just got to figure out how I can split my solitary vote between my two entries :look:
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ramus
06-28 03:34 PM
Please don't create any new thred.. Please close it .. We already have 4 threds going with different rumers.. No need to put another one..
My answer is - No body knows what will happen.. So just chill and enjoy..
Did any one heard of EB3 India 485 Approved after June 26? Looks like EB3 visa numbers for this quarter for India is exhausted! If so then who many will be available in next quarter?
When will the 40K unused EB quota of visa numbers will be available /open? In mid September? Can any of the Gurus explain this?
My friend took info-pass and he was told that the EB3 India visa numbers are over for now and his case may be approved in next quota.
Looks like the first 40K in the 485 queue whose processing is done will get there 485�s approved in late September.
For some one like me who files 485 in June chances of approval in this year is less.:confused:
I just want to set the expectations real so that we will not be subjected to perpetual checking of online LUD/Status, forums and also avoid huge disappointment.
Pns27
***********************
Concurrent I-140/I-485: No
PD June 2002-non-RIR
I-140 approved from NSC
I485:--
Mailed to (state NSC/TSC): NSC
Received at (state NSC/TSC): NSC
Receipt Date: 06/07/07
Notice Date: 06/22/07
FP Noticed Received on:?
My answer is - No body knows what will happen.. So just chill and enjoy..
Did any one heard of EB3 India 485 Approved after June 26? Looks like EB3 visa numbers for this quarter for India is exhausted! If so then who many will be available in next quarter?
When will the 40K unused EB quota of visa numbers will be available /open? In mid September? Can any of the Gurus explain this?
My friend took info-pass and he was told that the EB3 India visa numbers are over for now and his case may be approved in next quota.
Looks like the first 40K in the 485 queue whose processing is done will get there 485�s approved in late September.
For some one like me who files 485 in June chances of approval in this year is less.:confused:
I just want to set the expectations real so that we will not be subjected to perpetual checking of online LUD/Status, forums and also avoid huge disappointment.
Pns27
***********************
Concurrent I-140/I-485: No
PD June 2002-non-RIR
I-140 approved from NSC
I485:--
Mailed to (state NSC/TSC): NSC
Received at (state NSC/TSC): NSC
Receipt Date: 06/07/07
Notice Date: 06/22/07
FP Noticed Received on:?
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sh2005
08-13 11:24 AM
From my notice the processing date is meaningless at TSC because the dates are mostly the processing windows. For example, I140 was Jan 13 in July notice, which was 6 months behind. If you take a look on AP and EAD, they were just 3 months behind.
It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.
That's it!
It makes predicting when our applicatios will be done a little harder :)
It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.
That's it!
It makes predicting when our applicatios will be done a little harder :)
more...
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srarao
07-19 07:04 PM
Hi
Any guys with RFE on this
Any guys with RFE on this
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BharatPremi
07-05 05:00 PM
http://immigrationvoice.org/forum/showthread.php?t=738&page=9
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chanduv23
03-26 08:16 PM
It is totally upto you for taking up the job. But working without getting paid means you are giving in to exploitation.
But then, a lot of people, in their early stages of their career can do small sacrifices to learn the skill.
The only issue would be that your consulting company would be charging a heft sum to the client and pay you nothing.
Remember, legally you are not supposed while on h4.
But then, a lot of people, in their early stages of their career can do small sacrifices to learn the skill.
The only issue would be that your consulting company would be charging a heft sum to the client and pay you nothing.
Remember, legally you are not supposed while on h4.
paskal
12-22 10:16 PM
Mark you calenders/palms/outlooks etc
AND
watch this space for details on calling in
AND
let us all know if you can attend
Thanks!
AND
watch this space for details on calling in
AND
let us all know if you can attend
Thanks!
srikanthmavurapu
08-16 04:03 PM
It all depends if you have a written agreement that prohibits you from working with the current employer. If there is no contract, you are safe. It seems that there is no such contract that either you signed with your ex-employer or middle-men.
If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.
In the Employee Agreement which i signed there is clause saying i cannot work for the same client directly or indirectly for one year . I don't think i signed any contract with ex-employer or middle men. I don't even have the copy of contract document(purchase order) when i got this job offer at this client.
I will complain to DOL just thinking to talk to a Lawyer first but i will complain to DOL this week at any cost.
Thanks,
Srikanth
If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.
In the Employee Agreement which i signed there is clause saying i cannot work for the same client directly or indirectly for one year . I don't think i signed any contract with ex-employer or middle men. I don't even have the copy of contract document(purchase order) when i got this job offer at this client.
I will complain to DOL just thinking to talk to a Lawyer first but i will complain to DOL this week at any cost.
Thanks,
Srikanth
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