permfiling
01-08 11:17 PM
Hi folks,
I used to work in company A where my I-140 got approved but I was laid off. Now I am with company B in a higher position and pay but B has delayed filing my PERM. As the economy is bad so I am looking to go back to A and file 485 when PD is current. I need to give a copy of H1 for transfer from B to A. Will i be needing the original H1 copy from B at any time as B gave me a copy not the original (weird).
Thanks
EB2 : 10/05
I used to work in company A where my I-140 got approved but I was laid off. Now I am with company B in a higher position and pay but B has delayed filing my PERM. As the economy is bad so I am looking to go back to A and file 485 when PD is current. I need to give a copy of H1 for transfer from B to A. Will i be needing the original H1 copy from B at any time as B gave me a copy not the original (weird).
Thanks
EB2 : 10/05
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ezee
05-21 09:46 AM
Donated $200 (Transaction ID: 9AF34229DP231633A).
vdlrao
12-31 07:13 PM
There is no minimum number of weekly hours for an H1B petition. There are some H1B workers who hold several part-time positions. This is common particularly in academic settings where individuals may teach part time, or where a single position may be funded by more than one source. (This requires multiple part-time H1Bs.) Thus, potentially it would be possible to obtain an approval of an H1B for just a few hours per week.
�MurthyDotCom
Since nothing in the regulations specifies an amount of time each week that an H1B worker must work to remain in status, it is possible to be in status as an H1B worker with a part-time job. There is no guidance on this matter as to any minimum hourly requirements. There is some old guidance on H1B workers attending school, which states that it is permissible, but that the H1B employment must be the primary purpose for being in the United States. This might be helpful by analogy, but even this guidance does not specify hours.
http://murthy.com/news/n_pth1re.html
�MurthyDotCom
Since nothing in the regulations specifies an amount of time each week that an H1B worker must work to remain in status, it is possible to be in status as an H1B worker with a part-time job. There is no guidance on this matter as to any minimum hourly requirements. There is some old guidance on H1B workers attending school, which states that it is permissible, but that the H1B employment must be the primary purpose for being in the United States. This might be helpful by analogy, but even this guidance does not specify hours.
http://murthy.com/news/n_pth1re.html
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Jimi_Hendrix
11-08 07:12 PM
For those interested in knowing who the new House Reps are, there is a complete list on this link:
http://asp.usatoday.com/news/politicselections/vote2006/NationalElectionResultsByStateCounty.aspx?sp=CA&oi=H&rti=G&&tf=l
http://asp.usatoday.com/news/politicselections/vote2006/NationalElectionResultsByStateCounty.aspx?sp=CA&oi=H&rti=G&&tf=l
more...
needhelp!
11-15 11:18 AM
I wish things were better.
Are YOU doing anything to make it better? Please update your signature if you are a member of your state chapter.
Are YOU doing anything to make it better? Please update your signature if you are a member of your state chapter.
stucklabor
03-19 08:21 PM
Yes, by removing "or" from (I), adding "or" at (II), and adding (III). I think this is how it would read. How do you think it should read?
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
more...
desi485
10-27 01:24 PM
Well, I hope mine gets resolved sooner than 6-8 months! My EAD is already expired and I could not apply since there was nothing in the application where I could show my status which is PR.
TravInd, you are right about people not knowing the priority dates and not aware the GC was a mistake. In fact, I still don't know for sure if mine was a mistake. I will know only when I find it out through the lawyer. My previous lawyer who worked on my GC case said congratulations and everything was fine. I am eager to find out if it was a mistake on my own.
Just a hypothetical scenario.
Say an applicant is having PD of March 2005.
His/Her 485 gets approved with PD of Jan 2005. (may be a typo by CIS data entry person)
However at the time of approval, PD is current till June 2005. (he or she should have been approved anyway).
What would be the scenario? Thoughts? Any one????
TravInd, you are right about people not knowing the priority dates and not aware the GC was a mistake. In fact, I still don't know for sure if mine was a mistake. I will know only when I find it out through the lawyer. My previous lawyer who worked on my GC case said congratulations and everything was fine. I am eager to find out if it was a mistake on my own.
Just a hypothetical scenario.
Say an applicant is having PD of March 2005.
His/Her 485 gets approved with PD of Jan 2005. (may be a typo by CIS data entry person)
However at the time of approval, PD is current till June 2005. (he or she should have been approved anyway).
What would be the scenario? Thoughts? Any one????
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pss
07-01 05:31 PM
I highly recommend Jessie Ho in Cupertino, CA. www.jessieho.com.
She responds to email/phone very reasonably (about an hour via email and 99% of the time answers phone). She worked over weekend to file I485.
She went out of her way to even pay USCIS filing fees from her pocket as there was a delay in processing compnay check. How many of your Lawyers will do that?
She responds to email/phone very reasonably (about an hour via email and 99% of the time answers phone). She worked over weekend to file I485.
She went out of her way to even pay USCIS filing fees from her pocket as there was a delay in processing compnay check. How many of your Lawyers will do that?
more...
Robert Kumar
03-28 06:41 AM
Yeah me too, in 2005 a company wanted to apply for me in EB3, though I was qualified for EB2. I didn't feel it was right to apply in EB3, unless you were a fresher.
I quit and joined an Wall street company in 2007, who finally applied in the right category
.
I can understand waiting for a year or 2. So you probably missed the July 2007 bus.
What can we all do to get out of this mess. We need some mass campaign addressing specific issues and an agile process where things happen every month. We need action.
I quit and joined an Wall street company in 2007, who finally applied in the right category
.
I can understand waiting for a year or 2. So you probably missed the July 2007 bus.
What can we all do to get out of this mess. We need some mass campaign addressing specific issues and an agile process where things happen every month. We need action.
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dish
03-16 01:05 PM
There is a site called http://www.hvisasurvey.org which conducts surveys about the lives of poeple on different H Visas. They were lobbying for H4 work authorization and protection under VAWA for non-immigrant woman.
I have a suggestion. Why not ImmigrationVoice Join with HVisaSurvey and Lobby for more rights for H4 Visa Holders.
At least the H4 should be allowed to work if the labor certification is pending or the I-140 is approved for the H1 visa holder. Waiting for I-485 to become current is a long wait. Why nobody care about H4s. L2's got work permit because the big multinational companies who used a lot of L1 visas lobbied for it.
I have a suggestion. Why not ImmigrationVoice Join with HVisaSurvey and Lobby for more rights for H4 Visa Holders.
At least the H4 should be allowed to work if the labor certification is pending or the I-140 is approved for the H1 visa holder. Waiting for I-485 to become current is a long wait. Why nobody care about H4s. L2's got work permit because the big multinational companies who used a lot of L1 visas lobbied for it.
more...
alterego
09-20 06:35 PM
I have to admire the unbelievable energy and commitment of you guys. Especially those who organized the rally and to some extent those who attended it from far away are probably tired and catching their breath!
We need to have some creativity and strategy in our next step. Rally after rally probably is not the best way to get that, the so called law of diminishing returns. The flower protest for example gave us a lot of visibility and media coverage since it was something intriguing and new. It was fairly inexpensive and got us the kind of coverage we wanted and arguably results that were out of size with the effort.
I think we need to think outside the box and have one more high publicity event. Another rally is certainly an option for later should legislative action heat up. I'm hopeful the upcoming legislation will allow someone to introduce friendly legislation. I am sure IV's lobbying advisers will have some input on timing etc. and I am pretty sure organizations like compete America etc. also will use this to push their efforts as well. IV core ought to be in contact with them.
A few very important things came from this rally. Firstly, that we can organize such an event, in no small part due to such a committed and capable leadership team. We got fairly good media coverage in highly visible newspapers, that covered not just the event but also some of the issues facing us in clear detail. Finally the lobby day events were definitely very good. I was amazed that 150 meetings took place.
To put this in context, large national organizations of some professions have these lobby days sometimes, and they do well to get about 100 lawmaker meetings done.
One thing I wish to add is that we must develop a good way of sending out many letters at will/as per the strategy of IV core to the lawmakers at critical times. We are 23K strong. Surely we can get atleast as many letters sent in to lawmakers at critical times. If you can't send a written petition to a lawmaker then I doubt it makes any sense to even think you or anyone can alter your fate, in that case time spent on sites like this is for what reason?
Professional organizations do letter campaigns all the time and get a good response. If everyone moves on these issues it does create a splash and can bring visibility and attention.
All ideas should be collected here in this thread.
We need to have some creativity and strategy in our next step. Rally after rally probably is not the best way to get that, the so called law of diminishing returns. The flower protest for example gave us a lot of visibility and media coverage since it was something intriguing and new. It was fairly inexpensive and got us the kind of coverage we wanted and arguably results that were out of size with the effort.
I think we need to think outside the box and have one more high publicity event. Another rally is certainly an option for later should legislative action heat up. I'm hopeful the upcoming legislation will allow someone to introduce friendly legislation. I am sure IV's lobbying advisers will have some input on timing etc. and I am pretty sure organizations like compete America etc. also will use this to push their efforts as well. IV core ought to be in contact with them.
A few very important things came from this rally. Firstly, that we can organize such an event, in no small part due to such a committed and capable leadership team. We got fairly good media coverage in highly visible newspapers, that covered not just the event but also some of the issues facing us in clear detail. Finally the lobby day events were definitely very good. I was amazed that 150 meetings took place.
To put this in context, large national organizations of some professions have these lobby days sometimes, and they do well to get about 100 lawmaker meetings done.
One thing I wish to add is that we must develop a good way of sending out many letters at will/as per the strategy of IV core to the lawmakers at critical times. We are 23K strong. Surely we can get atleast as many letters sent in to lawmakers at critical times. If you can't send a written petition to a lawmaker then I doubt it makes any sense to even think you or anyone can alter your fate, in that case time spent on sites like this is for what reason?
Professional organizations do letter campaigns all the time and get a good response. If everyone moves on these issues it does create a splash and can bring visibility and attention.
All ideas should be collected here in this thread.
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addsf345
09-29 07:55 PM
I guess it's not about service. It's about job professionalism. There is no problem with Air Hostess or employees, but it is management. Let me give snap shot of my exp.
My flight was from Bangalore --> Bombay --> USA
Flight took off at Bangalore 60 mins late. Staff reassured that flight in Bombay will be waiting
Once we reached Bombay they took boarding passes and tore them off. They said your flight already left, you have to go next day. Some passengers noticed that few passengers are still boarded into US flight with flight nbr given in our boarding passes. When everyone made an issue about this they said, it's overbooked so we can not accommodate.
So their statement that flight took off was literal lie which is unprofessional. Also they deliberately delayed Bangalore flight which also they did not manage nicely
Then they said go to Delhi there is a flight. We reached delhi there is no flight. There AI staff said not sure why they sent you here. Only option is next flight starts tomorrow. Next day they listed the flight but again they say it's cancelled due to technical difficulties and part has to come from other country and you can fly only tomorrow.
By that time there were passengers of 2 days waiting. when every one made a big noise, they arranged a flight after 4 hours.
They should have made alternate arrangements before all this mess and 2 days of waiting. Consider people with infants.
I understand unfortunate things happen but deliberate lies due to mismanagement and moving you around just to buy time is completely unprofessional. I did not find this kind of unprofessionalism in other airlines, even though there are other bad experiences with them also.
similar incident happened to my room-mate, may be little worse.
The airline was aerofloat (russian) in this case.
they boarded aircraft from bombay to ewr. aircraft started running on runway and after some unsuccessful attempts they came back to terminal. with everyone's surprise, the pilot announced that there is a techincal difficulty and unable to takeoff.
Next flight was after 48 hours and that too from delhi. No need to say my friend spend 24 hours also at moscow airport and finally reached newark after 4 days finally. All these with no ground staff at bombay by aerofloat. Being young students, my friend and his groups helped like a coolie to shuttle all other elderly passengers bags to hotel and so forth. He is a very fair person and still doesn't blame aerofloat. He bought the return ticket for 760 with tax, where other airlines used to charge like 1200 or so.
morale of the story: don't blame airindia for all the faults. I am sure there is lot to improve but it is not the only airline where things go bad. This is possible anywhere.
and lastly, the OP who blamed airindia for not allowing duty free stuff bought at NJ at frankfurt - don't blame AI. It is the airport staff of FRA and not AI.
For all those who think that only airindia is bad, go to google and search for reviews of any airline. Chances are very high that you will get such horror stories described by someone.
The OP somewhere has an attitude that he is too important and shouldn't have any issues. Unfortunately the world is not perfect.
My flight was from Bangalore --> Bombay --> USA
Flight took off at Bangalore 60 mins late. Staff reassured that flight in Bombay will be waiting
Once we reached Bombay they took boarding passes and tore them off. They said your flight already left, you have to go next day. Some passengers noticed that few passengers are still boarded into US flight with flight nbr given in our boarding passes. When everyone made an issue about this they said, it's overbooked so we can not accommodate.
So their statement that flight took off was literal lie which is unprofessional. Also they deliberately delayed Bangalore flight which also they did not manage nicely
Then they said go to Delhi there is a flight. We reached delhi there is no flight. There AI staff said not sure why they sent you here. Only option is next flight starts tomorrow. Next day they listed the flight but again they say it's cancelled due to technical difficulties and part has to come from other country and you can fly only tomorrow.
By that time there were passengers of 2 days waiting. when every one made a big noise, they arranged a flight after 4 hours.
They should have made alternate arrangements before all this mess and 2 days of waiting. Consider people with infants.
I understand unfortunate things happen but deliberate lies due to mismanagement and moving you around just to buy time is completely unprofessional. I did not find this kind of unprofessionalism in other airlines, even though there are other bad experiences with them also.
similar incident happened to my room-mate, may be little worse.
The airline was aerofloat (russian) in this case.
they boarded aircraft from bombay to ewr. aircraft started running on runway and after some unsuccessful attempts they came back to terminal. with everyone's surprise, the pilot announced that there is a techincal difficulty and unable to takeoff.
Next flight was after 48 hours and that too from delhi. No need to say my friend spend 24 hours also at moscow airport and finally reached newark after 4 days finally. All these with no ground staff at bombay by aerofloat. Being young students, my friend and his groups helped like a coolie to shuttle all other elderly passengers bags to hotel and so forth. He is a very fair person and still doesn't blame aerofloat. He bought the return ticket for 760 with tax, where other airlines used to charge like 1200 or so.
morale of the story: don't blame airindia for all the faults. I am sure there is lot to improve but it is not the only airline where things go bad. This is possible anywhere.
and lastly, the OP who blamed airindia for not allowing duty free stuff bought at NJ at frankfurt - don't blame AI. It is the airport staff of FRA and not AI.
For all those who think that only airindia is bad, go to google and search for reviews of any airline. Chances are very high that you will get such horror stories described by someone.
The OP somewhere has an attitude that he is too important and shouldn't have any issues. Unfortunately the world is not perfect.
more...
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chanduv23
09-25 01:09 PM
Now when explained like this anyone would understand. Also do see the point you are making and is worth a try. Is the core team looking into this? Do they need any assitance from us?
Some are good, but some are hard nuts, they take immigrants for granted. A lot of silent suferers constantly remain silent and crib about these Attorneys because they cannot move out of their companies and have to depend on them.
Some may not understand things in a good way
Some are good, but some are hard nuts, they take immigrants for granted. A lot of silent suferers constantly remain silent and crib about these Attorneys because they cannot move out of their companies and have to depend on them.
Some may not understand things in a good way
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ivar
07-17 10:21 PM
I am happy for everyone who can file I-485 but its okay if some one who cannot shows frustration. We as a community should understand each other instead of banning.
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krishna
03-05 12:47 AM
If you guys read the letter a bit carefully, it says they do not have information about the country of chargeability and they cannot share it with us. For $5K all we can get is a breakdown of how many apps are there in each category and then it will be a guessing game of how many are pending for applicants from India/China/ROW etc. Just something to keep in mind.
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venky08
06-13 07:37 PM
EXCELLENT NEWS!!!
I want to thank IV core for their fervor and zeal to press our issues via lobbying and media outlets that has in my opinion significantly contributed to this development...hats off to you...
I want to thank IV core for their fervor and zeal to press our issues via lobbying and media outlets that has in my opinion significantly contributed to this development...hats off to you...
more...
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rambo45
07-02 10:46 AM
For a change - at least it feels like someone is listening and that I am doing something for a change in my situation.
I have asked people (my friends and office colleagues (Americans and non-Americans included)) to call the Congressman's office and express support. I am sure at least 10% of the people whom I spoke to will be calling the Congressman's office.
Go IV!!!
I have asked people (my friends and office colleagues (Americans and non-Americans included)) to call the Congressman's office and express support. I am sure at least 10% of the people whom I spoke to will be calling the Congressman's office.
Go IV!!!
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Hermione
10-01 10:02 AM
then why are visas about to be wasted yet again this year?
after...they said all numbers were exhausted on July 2?
i think it's not quite that simple.
there is no doubt that lack of numbers is a key key issue. but letting uscis off the hook when they have failed to process 269,000 Green Card numbers since 1994 is not kosher. that is >20% of the backlog right there.
my straightforward NIW application based on national interest service not exceptional ability (which may be more subjective) will take almost a year to process. wow....!
uscis also takes the narrowest interpretations of any law- even when it clearly conflicts with the law's intent- then it takes a lawsuit to budge them- speaking from personal experience and the loss of 4 years in PD in an India line...believe me this is not an agency i feel like defending.
just my 2c.
Hey, mine is EB2 ROW - can't get any more straightforward than that, I-140 is approved, and PD has always been current! Well, 1 year 7 month and still counting. It would be really easy for me to blame USCIS inefficiencies, but let's look at the whole picture. My second H1 was approved in 1 day (premium processing), my I-140 was approved in 9 days (not premuim processing), I got my fingerprint notice and RFE on I-485 a month after I applied - that means the case was looked at, determined what else they needed, and everything was processed. Work on my AOS case was over 4 month after applying (and I did apply concurrently). Then, I had to wait for namecheck... and wait and wait. Do I blame the processing center for that? No, it's not their fault. Do I blame Chertoff for that? Sure! He is the one who's supposed to negotiate things between DHS and FBI, and make sure things work well together.
Now, we come to a different issue - quotas. It is obvious that USCIS is not good at all at managing quotas. I am in management, and to me the task of getting within 100-200 approvals on 140,000 quota does not appear Herculean. It's a very predictive process, so theoretically it should be easy to get to right numbers. My take - USCIS system is built in a way that does not allow them to understand and manage the flow of petitions - and forecast how many will be ready for approval in any given month. That's a big flaw, but you know what is the best way to fix it - to relax quotas. Then, they would not have to triple-check every petition to make sure it's current and it is its time to be approved. Having quotas adds a lot of complexity that CIS can't manage. If you look at the immediate family petitions, that do not have quotas, they are getting approved in 3-4 month, so one part of the system works fine, and the other does not.
after...they said all numbers were exhausted on July 2?
i think it's not quite that simple.
there is no doubt that lack of numbers is a key key issue. but letting uscis off the hook when they have failed to process 269,000 Green Card numbers since 1994 is not kosher. that is >20% of the backlog right there.
my straightforward NIW application based on national interest service not exceptional ability (which may be more subjective) will take almost a year to process. wow....!
uscis also takes the narrowest interpretations of any law- even when it clearly conflicts with the law's intent- then it takes a lawsuit to budge them- speaking from personal experience and the loss of 4 years in PD in an India line...believe me this is not an agency i feel like defending.
just my 2c.
Hey, mine is EB2 ROW - can't get any more straightforward than that, I-140 is approved, and PD has always been current! Well, 1 year 7 month and still counting. It would be really easy for me to blame USCIS inefficiencies, but let's look at the whole picture. My second H1 was approved in 1 day (premium processing), my I-140 was approved in 9 days (not premuim processing), I got my fingerprint notice and RFE on I-485 a month after I applied - that means the case was looked at, determined what else they needed, and everything was processed. Work on my AOS case was over 4 month after applying (and I did apply concurrently). Then, I had to wait for namecheck... and wait and wait. Do I blame the processing center for that? No, it's not their fault. Do I blame Chertoff for that? Sure! He is the one who's supposed to negotiate things between DHS and FBI, and make sure things work well together.
Now, we come to a different issue - quotas. It is obvious that USCIS is not good at all at managing quotas. I am in management, and to me the task of getting within 100-200 approvals on 140,000 quota does not appear Herculean. It's a very predictive process, so theoretically it should be easy to get to right numbers. My take - USCIS system is built in a way that does not allow them to understand and manage the flow of petitions - and forecast how many will be ready for approval in any given month. That's a big flaw, but you know what is the best way to fix it - to relax quotas. Then, they would not have to triple-check every petition to make sure it's current and it is its time to be approved. Having quotas adds a lot of complexity that CIS can't manage. If you look at the immediate family petitions, that do not have quotas, they are getting approved in 3-4 month, so one part of the system works fine, and the other does not.
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eastindia
01-13 10:44 AM
he should ask his daughter to return to india first...practice what you preach.
:d
:d
dionysus
06-09 01:41 AM
Even if you don't want to take shit, it is given to you.
bestin
10-18 02:03 PM
Bestin I've sent you a PM. Please check it and respond ASAP.
Thanks.Thanks
Responded back..BTB i dont have any appointments tomorrow.So i ll be at home.Pls dont hesitate to ask for any help.I can try my best
Thanks.Thanks
Responded back..BTB i dont have any appointments tomorrow.So i ll be at home.Pls dont hesitate to ask for any help.I can try my best
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