leo2606
11-13 09:41 PM
Why does he need to wait?He is talking about previous employer.
Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...
Otherwise.. what are you waiting for :-)
Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...
Otherwise.. what are you waiting for :-)
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Bezzer
09-06 10:15 AM
um and theres many sites with ps tutorials... www.phong.com something starting with r...heh oh yeah and www.eyeballdesign.com has some good tutorials...though they mostly focus on interface design...oh well
The thing i could sugest is for you to do a search on like google for ps7 tutorials...
**** i really need to get ps7
The thing i could sugest is for you to do a search on like google for ps7 tutorials...
**** i really need to get ps7
gchopeful2
08-17 03:16 PM
Why not FedEx?
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ngopikrishnan
06-24 10:51 PM
http://www.msnbc.msn.com/id/25356825/
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samcam
05-19 11:24 AM
Welcome to our newest member rockets12345!
3871 and counting...
29 more to go!!
3871 and counting...
29 more to go!!
raysaikat
04-30 08:55 AM
2) On the other hand, h4 prevents you from doing any kind of work while in US. Although u may still be employee of a company in other country, you CAN't work. Simple.
This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".
Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.
The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?
This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".
Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.
The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?
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lostinbeta
10-20 09:33 PM
I think he is referring to your transition effects on your site.
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jvs
01-18 09:42 AM
One more possibility you should consider is that though you have an H1 extension and assuming you get your visa stamped till 2012, if you re-enter US before your extension is valid, you might only get the new I-94 till your current H1 validity of Mar'2010. I have seen such instances before with the reason being the IO at POE cannot give an extension based on future validity.
If "if you re-enter US before your extension is valid" is not the case then following is my experience.
Once you get the new H1 visa stamped, the old visa is "cancelled without prejudice" by the consulate. The consulate puts a stamp to that effect on your old visa in the passport. I don't see how an IO would consider the old H1 Valid at that point. I have gone through similar scenario once.
If "if you re-enter US before your extension is valid" is not the case then following is my experience.
Once you get the new H1 visa stamped, the old visa is "cancelled without prejudice" by the consulate. The consulate puts a stamp to that effect on your old visa in the passport. I don't see how an IO would consider the old H1 Valid at that point. I have gone through similar scenario once.
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justin150377
07-01 02:38 PM
Since AILF has already issued a preliminary notice about a class action law suit if USCIS rejects applications under a revised bulletin this is a preliminary poll on how many of us would join the law suit? I for one will join the law suit. Understand that you will have to reveal all details about yourself and application in the lawsuit and those details will be transparent to DOS and USCIS.
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GoneSouth
03-21 10:40 AM
Hi Nickhil,
See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.
You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.
With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.
- gs
See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.
You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.
With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.
- gs
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Chris Rock
08-13 02:02 AM
We are open to all possibilities in getting relief (big or small) for the community.
You may want to read more about the process of a bill , politics of the immigration issue and how it affects any bill. It is not as simple as one line amendment.
Please get involved with IV and learn more what we are doing. Try getting appointments with your lawmakers and take part in action items. We currently have an action item going. You will know how the process of amendment and bills work. Opening threads asking IV core is not going to help.Help yourself by actively getting involved.
BTW Could you update/complete your profile. This data is helpful for IV advocacy efforts and also for IV tracker.
Thanks Pappu for your reply.
I am not trying to get your status report. I do not want your battle plan either. I am trying to figure out if there is any ray of hope...
Yes there is no one-line amendment. But the objective of an amendment can be one line. That is what I mean. I saw many amendments before and am familiar with the political jargon. You are thinking that I am a novice when it comes to Immigration. That is ok and that is not the issue here.
Recently in one fundraising thread, I counted the number of retrogressed PD members contribution to others. Its in the ratio 1:5. The reason for this thread started at that time.
If members know that IV has the right strategy and right connections then the support to IV will be overwhelming. That is all I want to convey in the thread.
You may want to read more about the process of a bill , politics of the immigration issue and how it affects any bill. It is not as simple as one line amendment.
Please get involved with IV and learn more what we are doing. Try getting appointments with your lawmakers and take part in action items. We currently have an action item going. You will know how the process of amendment and bills work. Opening threads asking IV core is not going to help.Help yourself by actively getting involved.
BTW Could you update/complete your profile. This data is helpful for IV advocacy efforts and also for IV tracker.
Thanks Pappu for your reply.
I am not trying to get your status report. I do not want your battle plan either. I am trying to figure out if there is any ray of hope...
Yes there is no one-line amendment. But the objective of an amendment can be one line. That is what I mean. I saw many amendments before and am familiar with the political jargon. You are thinking that I am a novice when it comes to Immigration. That is ok and that is not the issue here.
Recently in one fundraising thread, I counted the number of retrogressed PD members contribution to others. Its in the ratio 1:5. The reason for this thread started at that time.
If members know that IV has the right strategy and right connections then the support to IV will be overwhelming. That is all I want to convey in the thread.
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chantu
06-19 09:35 AM
my mom gave up her green card back in early 80's and she has had no problems what so ever in getting vistors visa since then (in fact it made it easier to get vistors visa (for the entire family) because it clearly shows no intention of migrating to US).
Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D
Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D
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ivjobs
11-12 03:02 PM
I dont understand the meaning of this
Applicants who obtained their current visa in a country other than that of their legal residence.
The complete list is given below.
Who Cannot Apply in Mexico:
* Applicants for B1/2 visas, including renewals are not accepted from third country nationals who are not resident in Mexico.
* Applicants who entered the U.S. with a visa issued in their home country and changed status with Department of Homeland Security in the U.S. who seek a new visa in the new visa category
* Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.
* Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.
* Applicants who entered the U.S. under the auspices of the Visa Waiver Program.
* Applicants who obtained their current visa in a country other than that of their legal residence.
* PLEASE NOTE: If you were informed when you obtained the original visa in your home country that you are subject to National Security Entry Exit Registrations (NSEERs), are a national of North Korea, Cuba, Syria, Sudan or Iran, you are not eligible to renew your visa in Mexico.
Applicants who obtained their current visa in a country other than that of their legal residence.
The complete list is given below.
Who Cannot Apply in Mexico:
* Applicants for B1/2 visas, including renewals are not accepted from third country nationals who are not resident in Mexico.
* Applicants who entered the U.S. with a visa issued in their home country and changed status with Department of Homeland Security in the U.S. who seek a new visa in the new visa category
* Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.
* Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.
* Applicants who entered the U.S. under the auspices of the Visa Waiver Program.
* Applicants who obtained their current visa in a country other than that of their legal residence.
* PLEASE NOTE: If you were informed when you obtained the original visa in your home country that you are subject to National Security Entry Exit Registrations (NSEERs), are a national of North Korea, Cuba, Syria, Sudan or Iran, you are not eligible to renew your visa in Mexico.
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uimv
03-14 12:08 PM
Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.
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askreddy
02-23 10:38 AM
Hi
We are in AOS pending status.iam on EAD.
After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.
How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
( Visito visa Etc..)
Any suggestions.
Thanks
We are in AOS pending status.iam on EAD.
After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.
How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
( Visito visa Etc..)
Any suggestions.
Thanks
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jliechty
January 31st, 2005, 12:03 PM
Not sure I'd crop solitary much ... the more empty space there is around him, the more it reinforces the illusion that he is in fact alone.
Ok, true. But I guess I'm still hung up on the "suggestion" (not rule, I suppose) to have more space in the direction the subject is heading or looking than to the rear of him/her/it - especially also not to center the subject. So, I'd still crop it the same, but I should have indicated better what I was thinking (not a tight crop, which is probably what it sounded like I meant).
Ok, true. But I guess I'm still hung up on the "suggestion" (not rule, I suppose) to have more space in the direction the subject is heading or looking than to the rear of him/her/it - especially also not to center the subject. So, I'd still crop it the same, but I should have indicated better what I was thinking (not a tight crop, which is probably what it sounded like I meant).
more...
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va_labor2002
09-25 12:36 PM
Any comments from Core Team regarding contacting Rajiv ? His parents are immigrants from India,so he will understand the sufferings of legal immigrants !
I think it is better to contact him.
Guys...Any comments ?
I think it is better to contact him.
Guys...Any comments ?
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lazycis
01-10 08:26 AM
EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
The bad part of it in your case is that NC is still pending.
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
"As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year � over a 44 percent increase in the number of cases pending more than 33 months."
So nobody can tell you, when and why, even the USCIS itself. It could be 6-12 months, it could be 2-10 years. I had to take USCIS/FBI to court to help them resolve my NC after waiting about 3 years.
http://en.wikibooks.org/wiki/FBI_name_check
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
The bad part of it in your case is that NC is still pending.
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
"As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year � over a 44 percent increase in the number of cases pending more than 33 months."
So nobody can tell you, when and why, even the USCIS itself. It could be 6-12 months, it could be 2-10 years. I had to take USCIS/FBI to court to help them resolve my NC after waiting about 3 years.
http://en.wikibooks.org/wiki/FBI_name_check
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sidd_k2002
03-24 06:46 PM
Hello Friends,
I have found myself in a very wierd situation here, and i need some urgent help. My problem is follows:
I am currently working for a company and i am on my OPT, which will expire in January 2010. The company which i am working for now is a big multinational company, and is sponsoring my H1 petitiion on April 1 2009 this time. As i will be falling in the 20,000 quota, my company lawyers said that they dont have that many applications coming in like every year, so the chances of me getting my H1 is 100 percent.
Now the tragic thing in this happy story is the fact that i feel i am going to get laid off in the next month. The immigration department of our company is veru big so my manager does not know the trouble which i can land into if i have an approved H1 and i am laid off.
Here are my questiions:
1: Since my H1 will become effecive october 1 2009, can i cancel my approved petitiion before that (if i am laid off), and then continue on my existing OPT which will end in February 2010. This way i feel i have more chance to find a job, as i will get some time to do so.
2: Is it safe enough to tell the company lawyer right now to not file the petitiion, as in that case there will not be a problem of approval/denial of my petition, and i will continue on my existing OPT, and ask for a 17 months OPT extention afterwards?
3: Relating to question 1, if i was laid off before october 1, can i switch back to my OPT, since i would have not used my H1 at all since i was laid off.
Any answers would really be appreciated as i am really approaching the April 1 mark of filing the H1
Thanks in advance,
Siddharth
I have found myself in a very wierd situation here, and i need some urgent help. My problem is follows:
I am currently working for a company and i am on my OPT, which will expire in January 2010. The company which i am working for now is a big multinational company, and is sponsoring my H1 petitiion on April 1 2009 this time. As i will be falling in the 20,000 quota, my company lawyers said that they dont have that many applications coming in like every year, so the chances of me getting my H1 is 100 percent.
Now the tragic thing in this happy story is the fact that i feel i am going to get laid off in the next month. The immigration department of our company is veru big so my manager does not know the trouble which i can land into if i have an approved H1 and i am laid off.
Here are my questiions:
1: Since my H1 will become effecive october 1 2009, can i cancel my approved petitiion before that (if i am laid off), and then continue on my existing OPT which will end in February 2010. This way i feel i have more chance to find a job, as i will get some time to do so.
2: Is it safe enough to tell the company lawyer right now to not file the petitiion, as in that case there will not be a problem of approval/denial of my petition, and i will continue on my existing OPT, and ask for a 17 months OPT extention afterwards?
3: Relating to question 1, if i was laid off before october 1, can i switch back to my OPT, since i would have not used my H1 at all since i was laid off.
Any answers would really be appreciated as i am really approaching the April 1 mark of filing the H1
Thanks in advance,
Siddharth
javadeveloper
08-31 12:21 PM
A good company is the one which follows the H1B laws.
waitingGC
03-09 10:13 AM
I think most of the EB1 category for India is being used up by the L1-A visa holders who are Multinational Executives.
The place I work has so many people from Big Indian companies and they have applied in EB-1 category and got their GCs in less than a Year.
I strongly feel L1-A visa holders shud not be put in EB-1 category.
What do you think.
Why not? If multinational executives are not excellent enough to apply for EB1, who esle are?
The place I work has so many people from Big Indian companies and they have applied in EB-1 category and got their GCs in less than a Year.
I strongly feel L1-A visa holders shud not be put in EB-1 category.
What do you think.
Why not? If multinational executives are not excellent enough to apply for EB1, who esle are?
