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raj2007
03-07 02:50 PM
I am employed with a company and I work for a client through a preferred vendor. I am in a slightly difficult situation. I would like to do AC21 with the vendor and negotiate for more. This might irk the vendor and he could in turn tell my employer about this. I cannot put in my papers with my employer without having an offer from the vendor in hand. I cannot join the client directly because of hiring freeze.
My question is, if due to the above exercise my employer cancels my H1, will I be immediately be out of status, does having EAD means that I will be in status even if my H1 is cancelled?.. How much time will I have to join a new employer using EAD if my H1 is cancelled or revoked.?.
Thanks,
Your vendor is desi guy?
I have never seen vendor informing the employer.
You are ok even if he cancels ur H1.
My question is, if due to the above exercise my employer cancels my H1, will I be immediately be out of status, does having EAD means that I will be in status even if my H1 is cancelled?.. How much time will I have to join a new employer using EAD if my H1 is cancelled or revoked.?.
Thanks,
Your vendor is desi guy?
I have never seen vendor informing the employer.
You are ok even if he cancels ur H1.
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meridiani.planum
03-16 11:15 PM
i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????
its not a 4 year wait you @#$$%!#$!!! From your mails here you seem to be simply trolling for, and collecting red dots (& doing a good job of it).
If your PD is EB2/EB3 India 2006 or 2007 its gonna be a 10 year wait. Atleast.
Dates have not been so badly retrogressed, ever (7 years for EB3 India!). Demand has never been so high, ever. Lots of things have led to this HUGE backlog of demand (namechecks, LC delays, increased H1 quotas in 2000/01/02, increased use of L1). The IN queue has never been this long, by an order of magnitude, and the OUT queue has remained the same for decades. We are screwed unless there are some admin fixes.
its not a 4 year wait you @#$$%!#$!!! From your mails here you seem to be simply trolling for, and collecting red dots (& doing a good job of it).
If your PD is EB2/EB3 India 2006 or 2007 its gonna be a 10 year wait. Atleast.
Dates have not been so badly retrogressed, ever (7 years for EB3 India!). Demand has never been so high, ever. Lots of things have led to this HUGE backlog of demand (namechecks, LC delays, increased H1 quotas in 2000/01/02, increased use of L1). The IN queue has never been this long, by an order of magnitude, and the OUT queue has remained the same for decades. We are screwed unless there are some admin fixes.
ilikekilo
10-15 08:59 PM
ok what receipt # are you guys talking about? i think iam little confused..
ok if I send the letter with my name and notarize it would it suffice? plkease advise? waht is that receipt # that u guysa re talking about
ok if I send the letter with my name and notarize it would it suffice? plkease advise? waht is that receipt # that u guysa re talking about
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lost
02-24 09:09 AM
Anyone from KY attending the event?
more...
msp1976
07-13 10:12 AM
All,
Discrediting attorney Murthy does not serve our purpose.
If she is doing something good, that is generating more pressure on USCIS, then let's stop criticizing her.
Though she is taking the step a few days late, it is a step in right direction and lets support and thank her...
Everyone has their motives...What matters is the end product...
Discrediting attorney Murthy does not serve our purpose.
If she is doing something good, that is generating more pressure on USCIS, then let's stop criticizing her.
Though she is taking the step a few days late, it is a step in right direction and lets support and thank her...
Everyone has their motives...What matters is the end product...
ashishgour
09-10 02:39 PM
can some one pls post the link for live telecast
thanks
http://judiciary.house.gov/hearings/calendar.html
thanks
http://judiciary.house.gov/hearings/calendar.html
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sat0207
04-27 09:18 AM
Hey read this link very informative http://www.uscis.gov/graphics/publicaffairs/factsheets/security_checks_42506.pdf
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McGuffin
03-06 04:25 PM
I don't think I'll be able to make this one, I'll give it a shot though.
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gveerab
07-03 11:10 PM
Hi Ramus,
I am not posting this message to offend any body's feelings, please don't take it personally. AILA is saying anyone can participate in the LAWSUIT without paying any money, but IV is saying it's an expensive thing and we need to start new funding drive. It's not clear to me and I believe if we start thread with more information more people would have convinced and contributed.
I agree, we need money to maintain the website. if that is the case please mention that clearly. We need to maintain this website to keep our activities , no question about that.
I have been observing from last couple of months any new issue is ending up with fund drive, but no update after that what happened. May be I am wrong, but as an observer this is my openion. Hope you guys will take this as positive comment and respond with more details. I don't have any doubt on the core team capabilities and scincearity.
In ths home page clearly mentioned that contribute for lawsuit. Without taking it personally can you please provide the details of how much money we might need and how we are going to spend this money?
Thanks
Veera
$20 per month $150 on time contributions
I am not posting this message to offend any body's feelings, please don't take it personally. AILA is saying anyone can participate in the LAWSUIT without paying any money, but IV is saying it's an expensive thing and we need to start new funding drive. It's not clear to me and I believe if we start thread with more information more people would have convinced and contributed.
I agree, we need money to maintain the website. if that is the case please mention that clearly. We need to maintain this website to keep our activities , no question about that.
I have been observing from last couple of months any new issue is ending up with fund drive, but no update after that what happened. May be I am wrong, but as an observer this is my openion. Hope you guys will take this as positive comment and respond with more details. I don't have any doubt on the core team capabilities and scincearity.
In ths home page clearly mentioned that contribute for lawsuit. Without taking it personally can you please provide the details of how much money we might need and how we are going to spend this money?
Thanks
Veera
$20 per month $150 on time contributions
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vkrishn
07-13 01:57 PM
I am current now (PD: Feb 16th,06) and last time when i was current in 2008 for a month i got an RFE. Even though the attorney replied to the RFE in 3 days, all my case status shows is RFE response received.
Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.
I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?
Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.
I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?
more...
neverbefore
07-29 02:27 AM
Please let me know how to close this thread?
Feeling the heat? Why not take a dip in a pail of your "Pale Beer"? :D
Feeling the heat? Why not take a dip in a pail of your "Pale Beer"? :D
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zen
04-06 08:55 PM
I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
well if the employer is not supporting you ..then maybe the IO does have the authority to refuse ?? (well assuming that these cases are correct ..then I guess we can assume that IO has recd instructions from his superiors) it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
well if the employer is not supporting you ..then maybe the IO does have the authority to refuse ?? (well assuming that these cases are correct ..then I guess we can assume that IO has recd instructions from his superiors) it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)
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Ramba
07-14 10:02 PM
--
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
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frostrated
06-11 03:55 PM
Done. Sent to senators in Texas. Also sent to house members just so that they are aware.
Sent to all friends : Citizens, GC holders and those in the same boat as us. Even sent to native born Americans to help us to help their country.
Sent to all friends : Citizens, GC holders and those in the same boat as us. Even sent to native born Americans to help us to help their country.
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eb3retro
08-16 03:39 PM
Because you guys are not as clever as EB2s.
easy there pray...people can get offended by your statement. Not a good statement for your first post.
easy there pray...people can get offended by your statement. Not a good statement for your first post.
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sanjaymm
10-29 01:43 PM
I have mailed a notorized letter. I have also forwarded the link to other friends who may have missed this action item.
Sanjay
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bestia
01-19 01:28 PM
...
I did argue about the scenario if I ended up losing my passport and vital documents, which is why I had made copies. He shook his head and repeated the same - NO PHOTOCOPIES OF OFFICIAL US IMMIGRATION DOCUMENTS FOR PERSONAL USE.
....
Presenting copies of your documents to government officials is not PERSONAL use. You could argue that. Personal use is if you would be playing monopoly with copies of your documents with your friends. But if you make a copy of US document for the intent to present to US official and not to misrepresent the original document, it is not "personal use" and it is not illegal. That's why lawyers are suggesting making and having copies.
I did argue about the scenario if I ended up losing my passport and vital documents, which is why I had made copies. He shook his head and repeated the same - NO PHOTOCOPIES OF OFFICIAL US IMMIGRATION DOCUMENTS FOR PERSONAL USE.
....
Presenting copies of your documents to government officials is not PERSONAL use. You could argue that. Personal use is if you would be playing monopoly with copies of your documents with your friends. But if you make a copy of US document for the intent to present to US official and not to misrepresent the original document, it is not "personal use" and it is not illegal. That's why lawyers are suggesting making and having copies.
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a_yaja
06-25 02:02 PM
Gurus,
A lot of information has been posted regarding items required for I-485 filing. However, I was not able to find one that was broken down form-wise. Hence, I came up with a list after going through the three forms individually. Please help me correct it by changing wrong info/ adding any ommisions on my part.
I-485 Check List
� Birth Certificate
� Copy of page with nonimmigrant visa
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Finger Printing (this is done after the I-485 is filed)
� Medical Exam Form (I-693)
� Form G-325A (this does not have a check list)
Evidence of Status
o Copy of I-94 showing admission to the United States
o Copy of approval of I129 extension (H1B extension notice) for primary
o Copy of approval of I539 (H4 extension)
� Employment Letter from Employer (original)
Evidence of eligibility
o Copy of I-140 approval (primary applicant)
o Copy of Marriage Certificate (derivative status)
� Filing Fee
I-131 Check List
� Govt. ID (driver�s lic. Or passport)
� AOS Receipt (not required for first time filing along with I-485 form)
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Letter explaining why you require AP
� Filing Fee
I-765 Check List (submit in following order)
� Copy of I-94 (front and back)
� Copy of last EAD (for renewal only)
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Filing Fee
A lot of information has been posted regarding items required for I-485 filing. However, I was not able to find one that was broken down form-wise. Hence, I came up with a list after going through the three forms individually. Please help me correct it by changing wrong info/ adding any ommisions on my part.
I-485 Check List
� Birth Certificate
� Copy of page with nonimmigrant visa
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Finger Printing (this is done after the I-485 is filed)
� Medical Exam Form (I-693)
� Form G-325A (this does not have a check list)
Evidence of Status
o Copy of I-94 showing admission to the United States
o Copy of approval of I129 extension (H1B extension notice) for primary
o Copy of approval of I539 (H4 extension)
� Employment Letter from Employer (original)
Evidence of eligibility
o Copy of I-140 approval (primary applicant)
o Copy of Marriage Certificate (derivative status)
� Filing Fee
I-131 Check List
� Govt. ID (driver�s lic. Or passport)
� AOS Receipt (not required for first time filing along with I-485 form)
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Letter explaining why you require AP
� Filing Fee
I-765 Check List (submit in following order)
� Copy of I-94 (front and back)
� Copy of last EAD (for renewal only)
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Filing Fee
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abhijitrajan
11-13 12:41 AM
Does it make sense to file and FOIA request asking how USCIS is implementing quarterly spillover. As I understand it USCIS is not obligated to respond to a letter but they have to respond to FOIA. Any comments from people who know how FOIA works and whether it's applicable?
NKR
09-05 04:07 PM
chandu,its not same all the time as i believe in the candidate potential then the experience..i have seen so many case in my past 5 yrs of experience that a Guy who has 8yrs of experience failed to impress the hiring manager and technical lead in an personal interview where as a fresh graduate from well know university cracked the same interview a got the project� IT is the place where we all have to learn new thing every day...experience only matters how the a person approaching to get the things done...it all depends on how each individual is capable of job get done..this is what i belive in...no offence to any one.
I think it is more than that. A guy with lots of experience unless he is looking for a job that suits his experience will not get a job for which he will be over qualified.
An experience guy might find it difficult to answer questions like �what is operator precedence?� at first, cause he has moved from there to advanced levels, but a guy straight out of college can perform better in the interview and get the job.
Also remember for just a techie job, a middle aged (or older) guy will be a liability on the company as that can change the dynamics of medical insurances and other benefits for himself and his family. The company would rather take in a less experienced person and spend less, the company will not tell that for legal reasons but that is an unwritten rule that they will follow.
I think it is more than that. A guy with lots of experience unless he is looking for a job that suits his experience will not get a job for which he will be over qualified.
An experience guy might find it difficult to answer questions like �what is operator precedence?� at first, cause he has moved from there to advanced levels, but a guy straight out of college can perform better in the interview and get the job.
Also remember for just a techie job, a middle aged (or older) guy will be a liability on the company as that can change the dynamics of medical insurances and other benefits for himself and his family. The company would rather take in a less experienced person and spend less, the company will not tell that for legal reasons but that is an unwritten rule that they will follow.
sugaur
08-22 01:35 AM
Do you even know what countries comprise the "Middle East"? Sounds like your knowldege of geography is as deep as that of the US immigration laws. A testament to canadian educations system.
Majority of you canadians are descendents of cowards who sided with the brits during the American revolution. You come here breaking all immigration laws and have the audacity to suggest that you are better than us, who have been playing by the rules all along! Whatever our faults may be , we know and respect the laws of the country we hope to be citizens of one day.
Majority of you canadians are descendents of cowards who sided with the brits during the American revolution. You come here breaking all immigration laws and have the audacity to suggest that you are better than us, who have been playing by the rules all along! Whatever our faults may be , we know and respect the laws of the country we hope to be citizens of one day.
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