jonty_11
11-21 10:08 AM
Sent email to 60m
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eyeopeners05@yahoo.com
06-02 03:59 PM
can i get a h1 done from a desi employer just to protect the h4 status and join the other company thats offering me a job with my ead.
the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.
the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.
GCBy3000
08-24 11:32 AM
I dont think people who are affected by retrogression are living life with some principles. If they are in this situation, itis because of their own decisions. Again as redcard said, coming here on F1 is for study and not for GC. Coming here in H1B is for work and not soley for GC. May be the individual knows in advance there is possibility of getting one.
Doing MS or PhD, you could very well do in your home country. Why did you choose US on first place. I have seen people who are unable to get H1b, getting F1 and coming to US. By the way I am not blaming all F1's here. . By doing MS or PhD, your original intention of coming to US is well achieved. Then if you decide to go into H1, then you join the people who are here in H1 irrespective of their degrees. Intention of H1 is to work and sometimes even to apply for GC. So cribbing too much on having a MS is not good.
I bet there will be a huge number of people if given an opportunity to get pre-approved labor, they will get it somehow. You and I did not come across one.
Stop crying.. no one forced you to come here to study.. you came by choice like the other people who came here to work on H1... you decided to stay here for working, again no one forced you ... you decided to apply for GC again no one forced you... you decided to join a good company who would not substitute a labor .. again no once forced you... you had options like all the other people who came here on BS or whatever degree.. maybe you made the wrong move when it came to GC and the other people made a smarter move.. so don't cry on that.. if you wish to cry .. cry for the labor substitution rule.. it will help
Doing MS or PhD, you could very well do in your home country. Why did you choose US on first place. I have seen people who are unable to get H1b, getting F1 and coming to US. By the way I am not blaming all F1's here. . By doing MS or PhD, your original intention of coming to US is well achieved. Then if you decide to go into H1, then you join the people who are here in H1 irrespective of their degrees. Intention of H1 is to work and sometimes even to apply for GC. So cribbing too much on having a MS is not good.
I bet there will be a huge number of people if given an opportunity to get pre-approved labor, they will get it somehow. You and I did not come across one.
Stop crying.. no one forced you to come here to study.. you came by choice like the other people who came here to work on H1... you decided to stay here for working, again no one forced you ... you decided to apply for GC again no one forced you... you decided to join a good company who would not substitute a labor .. again no once forced you... you had options like all the other people who came here on BS or whatever degree.. maybe you made the wrong move when it came to GC and the other people made a smarter move.. so don't cry on that.. if you wish to cry .. cry for the labor substitution rule.. it will help
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mdforgc
05-19 04:48 AM
I am not a lawyer, just an immigrant who waded thru these, stil pending GC 485 filed. The issue is, if your employer revokes your 140 before it is approved, or worse yet, if it is not filed, I dont know what visa u r on or how much is left on it. In any case, from my experience, you have to be able to know and track ur application once it is filed, as in my experience there is an unholy nexus betwween employers and lawyers, not to mention the inherent delaying nature of these immigration lawyers. Points
1. Be able to track ur application on USCIS website with the receipt number
2. Do sweettalking with the employer till the 140 is filed and approved, then it is safest to stay for 6 months with your employer, then he can do diddly squat to you if u r able to file 485 and get an EAD. I take it that you are not affected by retrogression.
1. Be able to track ur application on USCIS website with the receipt number
2. Do sweettalking with the employer till the 140 is filed and approved, then it is safest to stay for 6 months with your employer, then he can do diddly squat to you if u r able to file 485 and get an EAD. I take it that you are not affected by retrogression.
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JazzByTheBay
07-11 11:51 PM
Well, I meant in the light of these new details coming out about visa numbers actually being available as claimed by "knowledgeable sources", and also in the light of the *kind of* questions being asked by Zoe Lofgren.
Just read the Ombudsman's report today - though I'd heard about these facts floating aroiund...
Not claiming to make some new discovery here... merely stating that it kinda makes sense now.
Sorry to start a new thread about this.... listened to Rajiv Khanna's recorded conf call and apparently he's not very hopeful anything will come out of AILF's class action...
jazz
When you were Jazzing, everybody already spent time to know this...a month ago.. Anyway welcome to the party... "Der se aye Durast Aye... welcome :) :)
Just read the Ombudsman's report today - though I'd heard about these facts floating aroiund...
Not claiming to make some new discovery here... merely stating that it kinda makes sense now.
Sorry to start a new thread about this.... listened to Rajiv Khanna's recorded conf call and apparently he's not very hopeful anything will come out of AILF's class action...
jazz
When you were Jazzing, everybody already spent time to know this...a month ago.. Anyway welcome to the party... "Der se aye Durast Aye... welcome :) :)
wellwishergc
06-13 03:33 PM
I agree with Raydhan!!
Forget the visa bulletin, GCs, etc for a month and enjoy your team crushing every other team for the next one month.
Go Brazil!!!:) Go Ronaldinho, Ronaldo, Roberto, Kaka!!!
camberiu,
Let's forget about the visa numbers. My P.D. is Jan'02 (EB3-India :( )and I am not expecting any movement significant movement for the next 4-6 months.
Atleast you can expect some good news in the World Cup on July 9th. Hope to see Cafu lift Brazil's 6th Cup.
You better log off and watch Brazil-Croatia in 10 minutes.
Forget the visa bulletin, GCs, etc for a month and enjoy your team crushing every other team for the next one month.
Go Brazil!!!:) Go Ronaldinho, Ronaldo, Roberto, Kaka!!!
camberiu,
Let's forget about the visa numbers. My P.D. is Jan'02 (EB3-India :( )and I am not expecting any movement significant movement for the next 4-6 months.
Atleast you can expect some good news in the World Cup on July 9th. Hope to see Cafu lift Brazil's 6th Cup.
You better log off and watch Brazil-Croatia in 10 minutes.
more...
vinkrish
10-07 05:55 PM
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers “independent” forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers “independent” forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
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santb1975
02-14 12:22 AM
We really need it
I volunteer. I will be in Los Angeles this Sunday. See you there.
Cheers!
g
I volunteer. I will be in Los Angeles this Sunday. See you there.
Cheers!
g
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varshadas
02-17 12:43 AM
A total of 39 people were in the conference call tonight including the core members(2) and the NJ state chapter members(2). I think this was really really good. Let's continue our efforts with this energy and momentum. Thank you everyone for attending the call tonight.
I just want to go over what we discussed in the call in brief:
Goals of the state chapters
Increasing the membership
Meeting the law makers
Methods to increase membership
Take a print out of the flyer made by NJ state chapter. (Vineet, can you out this under Resources. I am unable to upload)
Distribute the flyers in the local train stations where traffic is maximum.
Distribute the flyers in the local temples.
Try to participate in local community events.
Try to get onto the local Indian/Chinese radio channels.
Try to connect with people at work and school.
Try to get stories in the local newspaper.
Any other methods can be explored by the individual state chapters.
Meet the law makers
Go to www.immigrationvoice.org
Click on Resources on the left
Click on Resources for "Meet Your Local Maker"
There are a number of things here that would help you in this.
People from the local constituency should set up an appointment with the
Congressmen. Congressmen do not talk to people outside their constituency. Once the appointment is set, not more than 3 people should go to meet the
Congressmen. Out of those 3 people, one of the persons should be the one who set up the appointment. Also, schedule the appointment with them, the way they want. For example, if they want a letter, send them a letter, if they want fax, send them fax.
For setting up the appointment, we used the following letter format provided by the core team:
************************************************** ******
Date: 01/24/2007
Dear Congressman XXXX,
I am a concerned constituent writing to you on behalf of ImmigrationVoice, a
non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a
meeting to discuss the problems that the legal high skilled immigrant community is facing. Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.
Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.
Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.
ImmigrationVoice is a nonprofit organization comprised of volunteers who are
suffering due to these delays and wish to bring this important issue in front
of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
I look forward to hearing back from you.
Thank you.
Sincerely,
(Place holder for your signature)
Your name:
Your address:
Your email:
************************************************** ******
Once the appointment is set up, take 3 or 4 copies of the presentation and the brochure neatly clipped in a file. You will find these documents under the
heading called Materials for the meeting in Resources->Meet Your Local Maker.
If possible, take your laptop for the presentation.
Begin by introducing yourself and that you are a member of IV which is a
national non-profit organization that is working towards providing relief to
skilled legal immigrants and that there is no other organization like
immigration voice in the USA.
Talk about the good things that the Congressman has done for the community (Research in advance).
More information can be found under headings During The Meeting and Post Meeting under Meeting your Local Maker->Resources.
If anyone has any questions, please contact IV or you can contact me too at
varshadas@hotmail.com.
I just want to go over what we discussed in the call in brief:
Goals of the state chapters
Increasing the membership
Meeting the law makers
Methods to increase membership
Take a print out of the flyer made by NJ state chapter. (Vineet, can you out this under Resources. I am unable to upload)
Distribute the flyers in the local train stations where traffic is maximum.
Distribute the flyers in the local temples.
Try to participate in local community events.
Try to get onto the local Indian/Chinese radio channels.
Try to connect with people at work and school.
Try to get stories in the local newspaper.
Any other methods can be explored by the individual state chapters.
Meet the law makers
Go to www.immigrationvoice.org
Click on Resources on the left
Click on Resources for "Meet Your Local Maker"
There are a number of things here that would help you in this.
People from the local constituency should set up an appointment with the
Congressmen. Congressmen do not talk to people outside their constituency. Once the appointment is set, not more than 3 people should go to meet the
Congressmen. Out of those 3 people, one of the persons should be the one who set up the appointment. Also, schedule the appointment with them, the way they want. For example, if they want a letter, send them a letter, if they want fax, send them fax.
For setting up the appointment, we used the following letter format provided by the core team:
************************************************** ******
Date: 01/24/2007
Dear Congressman XXXX,
I am a concerned constituent writing to you on behalf of ImmigrationVoice, a
non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a
meeting to discuss the problems that the legal high skilled immigrant community is facing. Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.
Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.
Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.
ImmigrationVoice is a nonprofit organization comprised of volunteers who are
suffering due to these delays and wish to bring this important issue in front
of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
I look forward to hearing back from you.
Thank you.
Sincerely,
(Place holder for your signature)
Your name:
Your address:
Your email:
************************************************** ******
Once the appointment is set up, take 3 or 4 copies of the presentation and the brochure neatly clipped in a file. You will find these documents under the
heading called Materials for the meeting in Resources->Meet Your Local Maker.
If possible, take your laptop for the presentation.
Begin by introducing yourself and that you are a member of IV which is a
national non-profit organization that is working towards providing relief to
skilled legal immigrants and that there is no other organization like
immigration voice in the USA.
Talk about the good things that the Congressman has done for the community (Research in advance).
More information can be found under headings During The Meeting and Post Meeting under Meeting your Local Maker->Resources.
If anyone has any questions, please contact IV or you can contact me too at
varshadas@hotmail.com.
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JazzByTheBay
10-10 06:10 AM
Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.
jazz
I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.
jazz
I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.
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ganguteli
04-08 05:12 PM
Trying to reach you guys for a while now.
1. How many active users are there as of today.
2. What are the media we have connection with.
Thanks.
To GCNirvana007,
I have questions for you
- Is your profile complete with your name, CORRECT email and phone number?
If not then forget getting a sincere reply.
You have a huge ego. Is IV your servant to answer you? and you open a new thread for it. If you care so much, why dint you email or call IV. This is what I did when I wanted answer.
I urge Admin not to respond to this thread and close it. You are not GCNirvana007's servant that anyone can open a thread and demand explanation from you and count days for not getting an answer. You are abusing the openness of the forum and wasting everyone's time by making us read your personal 'demands'.
Will you do the same for your company CEO when he does not answer you? Will you do the same with your lawyer who does not even return your email or calls ?
Think about it. Lose some ego. It will be good for your personality.
1. How many active users are there as of today.
2. What are the media we have connection with.
Thanks.
To GCNirvana007,
I have questions for you
- Is your profile complete with your name, CORRECT email and phone number?
If not then forget getting a sincere reply.
You have a huge ego. Is IV your servant to answer you? and you open a new thread for it. If you care so much, why dint you email or call IV. This is what I did when I wanted answer.
I urge Admin not to respond to this thread and close it. You are not GCNirvana007's servant that anyone can open a thread and demand explanation from you and count days for not getting an answer. You are abusing the openness of the forum and wasting everyone's time by making us read your personal 'demands'.
Will you do the same for your company CEO when he does not answer you? Will you do the same with your lawyer who does not even return your email or calls ?
Think about it. Lose some ego. It will be good for your personality.
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santb1975
02-15 09:17 AM
We gotto
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aranya
07-01 11:42 AM
Thanks for your replies.
I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.
I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!
Only yesterday I had a converstion with my compnay lawyer on this topic.
Her view is that I would have to amend the H1 for any location and/or responsibility changes.
I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.
I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!
Only yesterday I had a converstion with my compnay lawyer on this topic.
Her view is that I would have to amend the H1 for any location and/or responsibility changes.
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ilikekilo
04-19 05:21 PM
Hi Folks,
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
try this
not sure what your situation is with credit cards, I mean, what is the amount of credit limit you ahve.
watch out for the offes inthe mail for LIFE TIME balance transfers. generally you could call them and negotiate the APR they offer, based on my experience.
BUt keep in mind, b4 U jump in to all this banks here CAN rescind the offer anytime for any reason (when you are late even one month, etc) although there was a law that has passed recently by Obamas administration that they gave more protection to consumers.
lastly crunch some numbers, i know 13 % is high but at the same time its in Rupees Vs Dollars, so do some number crunching of intersest payment in dollards Vs rupees...good luck
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
try this
not sure what your situation is with credit cards, I mean, what is the amount of credit limit you ahve.
watch out for the offes inthe mail for LIFE TIME balance transfers. generally you could call them and negotiate the APR they offer, based on my experience.
BUt keep in mind, b4 U jump in to all this banks here CAN rescind the offer anytime for any reason (when you are late even one month, etc) although there was a law that has passed recently by Obamas administration that they gave more protection to consumers.
lastly crunch some numbers, i know 13 % is high but at the same time its in Rupees Vs Dollars, so do some number crunching of intersest payment in dollards Vs rupees...good luck
more...
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abhi_022001
01-10 06:08 PM
I lost my job in november end ...I was working with one of the top most company in IT consulting in US(EDS/HP/CSC) like....in SAP field .Company was loosing pojects and bench was getting bigger...
I was lucky enough though to get another job within a month in somewhat stable industry in oil & gas..
I was lucky enough though to get another job within a month in somewhat stable industry in oil & gas..
dresses Back to winter word puzzles.
eager_immi
07-19 05:24 PM
She should go on h4. If she wants her ead she can file once you get AOS receipt No. unless u alreaqy filed for it. If u already filed for her ead you should still wait for her to quit her h1 job till the ead comes through.
Can someone give me answer for the second question:
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
Can someone give me answer for the second question:
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
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dionysus
01-16 07:53 PM
Earlier, INS used to be very lenient with H1B transfer without current paystubs. I know of cases where people got H1 transfered without having paystubs for more than a year!
However, seems like of late CIS has woken up to the shady practices of H1 consultant body shops, and is aware of the fact that many consultants are living in this country without working and without paystubs. So they are becoming more stringent with regards to paystub evidence.
I also have a feeling that most such requests are coming from Vermont service center where many H1 petitions are hanging.
To answer your question, in the absence of any paystubs, prepare a nice letter to CIS explaining the situation, and then leave it to your destiny. US immigration processes like H1 and GC always had an element of chance in it. It is always helpful to be ready for any eventuality in such a dicey game.
However, seems like of late CIS has woken up to the shady practices of H1 consultant body shops, and is aware of the fact that many consultants are living in this country without working and without paystubs. So they are becoming more stringent with regards to paystub evidence.
I also have a feeling that most such requests are coming from Vermont service center where many H1 petitions are hanging.
To answer your question, in the absence of any paystubs, prepare a nice letter to CIS explaining the situation, and then leave it to your destiny. US immigration processes like H1 and GC always had an element of chance in it. It is always helpful to be ready for any eventuality in such a dicey game.
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needhelp!
02-14 02:34 PM
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glosrfc
12-11 10:22 AM
Well done Temp (and the other two guys)
gcsim
06-12 10:11 AM
Hi All,
I'm planning to go to India for my first visa stamping in 3 yrs. Just wanted to know is it safe to go rite now will the cir on verge of being signed.
I'm planning to go to India for my first visa stamping in 3 yrs. Just wanted to know is it safe to go rite now will the cir on verge of being signed.
jamesbond007
05-21 01:05 PM
Question to Carl:
Can a H1 be applied for the father now? (If he has I140 approved, would this new H1 be cap exempt?) There by all his family can avail the dependent H4 and be together?
Can a H1 be applied for the father now? (If he has I140 approved, would this new H1 be cap exempt?) There by all his family can avail the dependent H4 and be together?
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