Caliber
05-20 08:51 AM
Dear All,
Let us strive to achieve 50,000.00 contributions for this event.
Just today I have paid 915.00 for Advance Parole for 3 of my family members. Thanks to IV, otherwise, I would have paid another $1020.00 for EAD every year. Now I pay only every second year for EAD.
Request your friends too to contribute. Please help yourself.
Let us strive to achieve 50,000.00 contributions for this event.
Just today I have paid 915.00 for Advance Parole for 3 of my family members. Thanks to IV, otherwise, I would have paid another $1020.00 for EAD every year. Now I pay only every second year for EAD.
Request your friends too to contribute. Please help yourself.
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amitjoey
05-24 04:15 PM
Thankyou Nandakumar
factoryman
02-09 10:21 PM
Your points are good. It is like a group of surgeons, coming out of OT (Operation Theatre), sweating it out, congradulating each other, and saying, 'the operation was successful. but in the end the patient died'.
We need a direct approach to stall this unethical cornering of 90000 visas exclusively for Sch A workers. To put it in an American way, PERIOD.
The reason we see progress year after year with Schedule A and nothing happens in EB reform because there is no corporate support for EB reform. This is one of the reaons why we should be open for measure like 485 whenever possible, even after febuary 15th.
Maybe we need to figure out how we can involve the corporations in EB relief. The only reasons we see Schedule A relief every year because there is a strong health industry lobby driving this. the worst part about this is that these 90,000 and 50,000 which were released last year and they are trying now are comming from the unused\recaptured visas from previous years. there is no country limit in the unused\recaptured visas for Schedule A.
when it comes to us we cannot get unused visas and added to that somebody always tries to add country limit to even unused\recaptured visas. Its a double whammy for EB retrogression. May god help us.
We need a direct approach to stall this unethical cornering of 90000 visas exclusively for Sch A workers. To put it in an American way, PERIOD.
The reason we see progress year after year with Schedule A and nothing happens in EB reform because there is no corporate support for EB reform. This is one of the reaons why we should be open for measure like 485 whenever possible, even after febuary 15th.
Maybe we need to figure out how we can involve the corporations in EB relief. The only reasons we see Schedule A relief every year because there is a strong health industry lobby driving this. the worst part about this is that these 90,000 and 50,000 which were released last year and they are trying now are comming from the unused\recaptured visas from previous years. there is no country limit in the unused\recaptured visas for Schedule A.
when it comes to us we cannot get unused visas and added to that somebody always tries to add country limit to even unused\recaptured visas. Its a double whammy for EB retrogression. May god help us.
2011 Dragon Ball GT Vol. 42 Super
ItIsNotFunny
03-05 04:07 PM
http://www.jingchenglaw.com/frontend/successstories/I_140_01.jpg
http://www.uscis.gov/files/form/i-485.pdf
also in the 485 form, please take a look on the right hand side where it says uscis use only....thats where they have "country chargeable," and I guess they are right that they make the determination during adjudication.
This is confusing. In that case how do they make ROW current or PDs way ahead of India? In other words, how do they know without touching a file that PD of a ROW file is current and is eligible to get GC!
Think about the flip side. If this is true, then once they preadjuridict all cases, thousands of ROW cases will immediately become eligible to get GC and India / China will not move for year(s)!
http://www.uscis.gov/files/form/i-485.pdf
also in the 485 form, please take a look on the right hand side where it says uscis use only....thats where they have "country chargeable," and I guess they are right that they make the determination during adjudication.
This is confusing. In that case how do they make ROW current or PDs way ahead of India? In other words, how do they know without touching a file that PD of a ROW file is current and is eligible to get GC!
Think about the flip side. If this is true, then once they preadjuridict all cases, thousands of ROW cases will immediately become eligible to get GC and India / China will not move for year(s)!
more...
walking_dude
10-19 01:43 PM
I will PM you. ( updated: PMed you)
WD... please let me know if you got a chance to discuss a non profit situation to the recreation center? maybe we can get a room big enough for 20-25 people.... if not, fine.... we can use the chairs and tables for now... there is plenty of those for community meetings...
WD... please let me know if you got a chance to discuss a non profit situation to the recreation center? maybe we can get a room big enough for 20-25 people.... if not, fine.... we can use the chairs and tables for now... there is plenty of those for community meetings...
H4_losing_hope
02-27 06:26 PM
I sent my letter to the President, IV and my representative Lamar Smith. Thanks IV for initiating this drive!
Cheers for your efforts :)
Cheers for your efforts :)
more...
franklin
09-27 01:58 PM
Franklin, yes, Ombudsman report includes ALL I-485 numbers, plus ALL naturalizations. Among all of them EBs are a small number.
What I was trying to understnd by running the numbers, where does the "leacky bucket" go over time. Imagine EB category as a leacky bucket - new workers on H1Bs are getitng their documents done, that goes to adds, and approvals are being given out, that goes to substracts. If the expected new petititons being ready are more than 140K, the total bucket will grow. If it is less, it will shrink. What I am basically saying, it is between 10K and 20K less adds than deletes, so the backlog should shrink over time (not tomorrow, of course). And it will start shrinking from EB3 ROW, because that is where the unused numbers end up. By watching EB3 ROW number we should be able to tell how fast the pool is shrinking.
Also, in the concept of the leaky bucket, it becomes essential not to lose any numbers, this is why 10K lost numbers a year is unacceptable. Personally, I think advocating number recapture is a waste of time (better off advocating quota increases), but we should be vigilant about CIS not losing numbers going forward.
Efficiency of precessing, in my opinion, is not an issue at all, at least on the USCIS side. FBI is a different story, but even for them, it is rare that cases are stuck for more than two years. Retrogression is the real culpit - being stuck in retro for 5 years is not unusual, and this is a whole lot worse than namecheck. By the way, because naturalizations are also subject to namechecks, there is enough outrage out there that I think namecheck issue will be solved in the next year or so.
The numbers game is really a 6 of one, half a dozen of the other - since we can only best guess it all - as I think this healthy debate has shown!
Efficiency of processing is a HUGE problem! Why do you think the visa numbers have gone unused? Your statement perplexes me somewhat. The name check isn't the only reason that there are delays. The Ombudsman's 1st 3 annual reports documents where the inefficiencies are.
In reality, its a complex problem that is a combination of many things;Inefficiencies in processing,Retrogression, country limits etc etc
I'm sorry, you just piqued my interest. You just seemed to be saying "there is no problem"
What I was trying to understnd by running the numbers, where does the "leacky bucket" go over time. Imagine EB category as a leacky bucket - new workers on H1Bs are getitng their documents done, that goes to adds, and approvals are being given out, that goes to substracts. If the expected new petititons being ready are more than 140K, the total bucket will grow. If it is less, it will shrink. What I am basically saying, it is between 10K and 20K less adds than deletes, so the backlog should shrink over time (not tomorrow, of course). And it will start shrinking from EB3 ROW, because that is where the unused numbers end up. By watching EB3 ROW number we should be able to tell how fast the pool is shrinking.
Also, in the concept of the leaky bucket, it becomes essential not to lose any numbers, this is why 10K lost numbers a year is unacceptable. Personally, I think advocating number recapture is a waste of time (better off advocating quota increases), but we should be vigilant about CIS not losing numbers going forward.
Efficiency of precessing, in my opinion, is not an issue at all, at least on the USCIS side. FBI is a different story, but even for them, it is rare that cases are stuck for more than two years. Retrogression is the real culpit - being stuck in retro for 5 years is not unusual, and this is a whole lot worse than namecheck. By the way, because naturalizations are also subject to namechecks, there is enough outrage out there that I think namecheck issue will be solved in the next year or so.
The numbers game is really a 6 of one, half a dozen of the other - since we can only best guess it all - as I think this healthy debate has shown!
Efficiency of processing is a HUGE problem! Why do you think the visa numbers have gone unused? Your statement perplexes me somewhat. The name check isn't the only reason that there are delays. The Ombudsman's 1st 3 annual reports documents where the inefficiencies are.
In reality, its a complex problem that is a combination of many things;Inefficiencies in processing,Retrogression, country limits etc etc
I'm sorry, you just piqued my interest. You just seemed to be saying "there is no problem"
2010 Super Dragon -- Dragon Ball,
Appu
03-17 10:09 PM
Appu, what abt labor cert? Does this advanced degree-holder still have to go thru labor cert? If yes, then the person with advanced degree but no experience has no advantage.
Yeah, that's the tricky part. I think all professions that require advanced
degrees in STEM have been classified (by Section 406) as Schedule A.
Which means you file ETA form 9089 directly to USCIS NOT to the DOL.
That's the "special labor certification" that the Specter mark-up refers to.
The PACE act doesn't have this provision - it excludes future F4 visa graduates from labor certification but says nothing about the current advanced degree holders. Frist's bill seems to exempt all those with advanced degrees and are employed in their field of expertise from going to the DOL for certification. Plus, if you have been employed for 3 years or more, then the quota doesn't apply and you get a visa number right away.
Yeah, that's the tricky part. I think all professions that require advanced
degrees in STEM have been classified (by Section 406) as Schedule A.
Which means you file ETA form 9089 directly to USCIS NOT to the DOL.
That's the "special labor certification" that the Specter mark-up refers to.
The PACE act doesn't have this provision - it excludes future F4 visa graduates from labor certification but says nothing about the current advanced degree holders. Frist's bill seems to exempt all those with advanced degrees and are employed in their field of expertise from going to the DOL for certification. Plus, if you have been employed for 3 years or more, then the quota doesn't apply and you get a visa number right away.
more...
sb3300
10-15 08:15 AM
First of all I would like to Applaud the Consulate General of India - Houston for the phenomenal speedy service I received for my daughters PIO application via mail. I sent my application on Oct 1st 2010 and it's Oct 15th - we have already received her PIO along with our passports back!! All the information about delays which I had read online before submission seem to be rubbish.
Additional info: notarizing passports was hassle coz no one was ready to stamp the photocopy. Texan credit union manager made a letter with my passport information, took my signature and notarized it for free. I just attached the photocopies with her letter.
I sent the below mentioned documents from Dallas via $20 Express Mail USPS - with signature proof. Was delivered under 24 hours. CGI Houston returned our stuff in FEDEX.
For status update: I called the consulate 7 days after the delivery notification - (yes its tough getting through - but they do pick up the phone) the lady informed me the PIO card had been processed and will be sent soon.. Didn't realize it would be in next 3 - 4 days!
Below is the cover letter / list of documents I sent with my package from Dallas, TX:
To, 30 September 2010
Consulate General of India
1990 Post Oak Blvd. # 600
3 Post Oak Central
Houston, TX 77056
Subj.: Application for PIO Card _____________
Dear Sir/Madam,
Please find enclosed the following documents to support PIO card application for_(applicant)___________
� 2 Copies of - Application forms duly filled with signature of parents and thumb impression of applicant (my child being an infant - the thumb impression was just like a smudge mark from her thumb - no problem at all)
� 4 Passport sized photographs of applicant
� Certified Birth Certificate + 1 photocopy (I sent the original certificate along with a copy as it is not legal to notarize B.Certificate - which they returned)
� Original Passports of ________(applicant), ________________ (both parents)
� Notarized copy of Passport for ________(applicant), ________________ (both parents)
� Notarized copy of Passport Card for applicant ______________ (Not Necessary)
� Notarized copy of Marriage Certificate for parents ( __________________))
� Notarized copy of Texas Drivers License � _______________(1 parent - Address Proof)
� Bank Statement for (Address Proof)
� Money Order for $205 ($185 Application Charge + $20 Return Mailing Charges)
Please process the application at your earliest and oblige.
--------------
Amazing!
Additional info: notarizing passports was hassle coz no one was ready to stamp the photocopy. Texan credit union manager made a letter with my passport information, took my signature and notarized it for free. I just attached the photocopies with her letter.
I sent the below mentioned documents from Dallas via $20 Express Mail USPS - with signature proof. Was delivered under 24 hours. CGI Houston returned our stuff in FEDEX.
For status update: I called the consulate 7 days after the delivery notification - (yes its tough getting through - but they do pick up the phone) the lady informed me the PIO card had been processed and will be sent soon.. Didn't realize it would be in next 3 - 4 days!
Below is the cover letter / list of documents I sent with my package from Dallas, TX:
To, 30 September 2010
Consulate General of India
1990 Post Oak Blvd. # 600
3 Post Oak Central
Houston, TX 77056
Subj.: Application for PIO Card _____________
Dear Sir/Madam,
Please find enclosed the following documents to support PIO card application for_(applicant)___________
� 2 Copies of - Application forms duly filled with signature of parents and thumb impression of applicant (my child being an infant - the thumb impression was just like a smudge mark from her thumb - no problem at all)
� 4 Passport sized photographs of applicant
� Certified Birth Certificate + 1 photocopy (I sent the original certificate along with a copy as it is not legal to notarize B.Certificate - which they returned)
� Original Passports of ________(applicant), ________________ (both parents)
� Notarized copy of Passport for ________(applicant), ________________ (both parents)
� Notarized copy of Passport Card for applicant ______________ (Not Necessary)
� Notarized copy of Marriage Certificate for parents ( __________________))
� Notarized copy of Texas Drivers License � _______________(1 parent - Address Proof)
� Bank Statement for (Address Proof)
� Money Order for $205 ($185 Application Charge + $20 Return Mailing Charges)
Please process the application at your earliest and oblige.
--------------
Amazing!
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Dhundhun
09-15 08:20 PM
Hey guys
Just received email from CRIS regarding I-485 denial notice for both me and my wife.
I used AC21 after 9 months of filing I-485. My I-140 was approved before even filing I-485 in July fiasco.
My attorney promptly sent AC-21 and G-28 and i did see LUD on my and my wife's I-485 after that.
My previous company informed me sometime ago that they are going to revoke I-140 and probably they did and i am assuming that's what triggered this.
This is certainly a big damm mistake they did even after sending AC-21 docs and G-28.
I think they misplaced AC-21 application and also they missed NOID step. This is basically two mishaps. Looks like every thing is messed up.
Motion-to-reopen is right step as after denial, beacse case is deemed to be closed after AOS denial.
I am not sure, how much info-pass can help.
Good luck.
Just received email from CRIS regarding I-485 denial notice for both me and my wife.
I used AC21 after 9 months of filing I-485. My I-140 was approved before even filing I-485 in July fiasco.
My attorney promptly sent AC-21 and G-28 and i did see LUD on my and my wife's I-485 after that.
My previous company informed me sometime ago that they are going to revoke I-140 and probably they did and i am assuming that's what triggered this.
This is certainly a big damm mistake they did even after sending AC-21 docs and G-28.
I think they misplaced AC-21 application and also they missed NOID step. This is basically two mishaps. Looks like every thing is messed up.
Motion-to-reopen is right step as after denial, beacse case is deemed to be closed after AOS denial.
I am not sure, how much info-pass can help.
Good luck.
more...
santb1975
04-26 09:21 PM
Awesome. Thanks all
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walking_dude
09-20 11:43 AM
Do you really think the numbers will be that bad? Look at the improvement in turnout in DC from San Jose? ...
San Jose was a local CA event planned almost spontaneously. DC was an event planned months in advance. People were offered Free ride, Free plane fare, Free food (in Gurdwaras). Yet how many participated?
Do you think Indian’s in CA have a different mindset compared to those in TX or NY/NJ?
I have been refraining from posting on this point, as I wouldn't like to belittle the contributions of the strong team from California and the numbers they brought to the rally.
But let's face it. CA has more EB immigrants than the next three. Look at the recent 2006 Performance report from DoL (available at Mathew Oh website). CA had 21,000+ labor petitions compared to NY - 7,000, NJ - 7,000(?) , TX - 5000. As you can see CA scores more than the next three states put together.
If 40 people participate from NY, it's as good as 120 from Cal. Percentagewise it would be the same. If 40 peope walk in Michigan ( 2000 Labor petitions) statistically it would surpass CA, percentagewise.
It's a known thing that only 5%-10% of the population participates actively in the most successful movements be it American Revolution or struggle for Indian Independence. We haven't reached that critical mass yet ( at the regional level)
If rallies are local and on a weekend then more people will turn out. Not only will there be better turnout, many of these same people will being more passionate about their support to IV and might start showing up in out of state rallies and protests.
There is an enthusiasm right now. But how long before the fatigue sets in? Rallies need to be minimal, held with certain strategic target and should serve some specific purpose.
Weekend rallies attracting bigger crowds is a myth. Be prepared to listen to reasons like - Shucks I have to mow the lawn, take kids to Bharatanatyam dance classes, I have relatives over for lunch etc.
With that logic if we hold rallies over the LONG weekends, we should attract bigger crowd, since people have 2-3 days to relax afterwards. And since people already plan to visit Orlando, LA etc to visit Disneyland, Universal etc., if we can hold rallies there we should attract the highest possible crowd. Do you think my idea will work?
Many of my colleagues did not even know until yesterday when I showed then the news articles that there was a rally like this in DC. Unless we have local chapters with an organized structure which meet regularly/ even if it’s a conference call, you cannot expect mass mobilization…this is Politics works!!
I think the DC rally has caught every ones attention, this is the right time to push the drive for local mobilization, it will be tragic if we lose the momentum now.
I agree with you 100%. Question is - who'll bell the cat? Who will take the lead and sacrifice their time, family life etc. to plan, organize and conduct these?
We need a fearless leader like Aman Kapoor, who can motivate and inspire people to participate, in every state. Where can we find them?
San Jose was a local CA event planned almost spontaneously. DC was an event planned months in advance. People were offered Free ride, Free plane fare, Free food (in Gurdwaras). Yet how many participated?
Do you think Indian’s in CA have a different mindset compared to those in TX or NY/NJ?
I have been refraining from posting on this point, as I wouldn't like to belittle the contributions of the strong team from California and the numbers they brought to the rally.
But let's face it. CA has more EB immigrants than the next three. Look at the recent 2006 Performance report from DoL (available at Mathew Oh website). CA had 21,000+ labor petitions compared to NY - 7,000, NJ - 7,000(?) , TX - 5000. As you can see CA scores more than the next three states put together.
If 40 people participate from NY, it's as good as 120 from Cal. Percentagewise it would be the same. If 40 peope walk in Michigan ( 2000 Labor petitions) statistically it would surpass CA, percentagewise.
It's a known thing that only 5%-10% of the population participates actively in the most successful movements be it American Revolution or struggle for Indian Independence. We haven't reached that critical mass yet ( at the regional level)
If rallies are local and on a weekend then more people will turn out. Not only will there be better turnout, many of these same people will being more passionate about their support to IV and might start showing up in out of state rallies and protests.
There is an enthusiasm right now. But how long before the fatigue sets in? Rallies need to be minimal, held with certain strategic target and should serve some specific purpose.
Weekend rallies attracting bigger crowds is a myth. Be prepared to listen to reasons like - Shucks I have to mow the lawn, take kids to Bharatanatyam dance classes, I have relatives over for lunch etc.
With that logic if we hold rallies over the LONG weekends, we should attract bigger crowd, since people have 2-3 days to relax afterwards. And since people already plan to visit Orlando, LA etc to visit Disneyland, Universal etc., if we can hold rallies there we should attract the highest possible crowd. Do you think my idea will work?
Many of my colleagues did not even know until yesterday when I showed then the news articles that there was a rally like this in DC. Unless we have local chapters with an organized structure which meet regularly/ even if it’s a conference call, you cannot expect mass mobilization…this is Politics works!!
I think the DC rally has caught every ones attention, this is the right time to push the drive for local mobilization, it will be tragic if we lose the momentum now.
I agree with you 100%. Question is - who'll bell the cat? Who will take the lead and sacrifice their time, family life etc. to plan, organize and conduct these?
We need a fearless leader like Aman Kapoor, who can motivate and inspire people to participate, in every state. Where can we find them?
more...
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cnag
03-17 03:12 PM
Does the Frist Bill refers to advanced degree from the US or advanced degree
from Indian Universities also ? I mean MCA/MS/Msc/MTech etc? Can anyone
please clarify ?
from Indian Universities also ? I mean MCA/MS/Msc/MTech etc? Can anyone
please clarify ?
tattoo Draw Vegeta Super Saiyan 4
Legal
06-30 06:36 PM
But skil bill is having permanent increase of GC and H1 and also exemptions will increase further immigration numbers. Though it is a permanent solution to resolve retrogession of pd it will face big oppostion from anti immigrants.
True.
(1) Will they at least agree to exclude spouses and children from the cap?
(2) Will they bother to get rid of the provisions allowing filing for EAD even if PD is not current?
If the above 2 measures survive we will get some relief.
Also the naming of the bill SKIL and the language is very difficult to oppose.The anti-immigrationists will find it difficult to oppose. Is this wishful thinking? don't know.
Also it is a politically correct thing for most of the legislators to support SKIL, except for the provisions to increase the H1-B numbers.
Any comments from IV core/senior members?
True.
(1) Will they at least agree to exclude spouses and children from the cap?
(2) Will they bother to get rid of the provisions allowing filing for EAD even if PD is not current?
If the above 2 measures survive we will get some relief.
Also the naming of the bill SKIL and the language is very difficult to oppose.The anti-immigrationists will find it difficult to oppose. Is this wishful thinking? don't know.
Also it is a politically correct thing for most of the legislators to support SKIL, except for the provisions to increase the H1-B numbers.
Any comments from IV core/senior members?
more...
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rajsand
09-21 08:44 AM
Very innovative thought!
But car rallies may not have as much impact as personal rallies! Car rallies will hold up holiday goers and this might not be pleasent..
Besides a peacful rally will bring up the opportunity to meet other forum members and share some thoughts and this would generate enthusiasm and positive energy!!
Just views..
But car rallies may not have as much impact as personal rallies! Car rallies will hold up holiday goers and this might not be pleasent..
Besides a peacful rally will bring up the opportunity to meet other forum members and share some thoughts and this would generate enthusiasm and positive energy!!
Just views..
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pappu
03-05 09:12 AM
Where is the core who advised us to fax letter to USCIS. Please let us know what the action plan is ?
.
Not so fast buddy. We are not on forums 24/7
The thread was posted last night and how can you expect instant reply.:D
In future if someone wants to reach us if you have any question, it is better to directly contact us rather than posting on the forum as we do not read every post.
A couple of people who got the letters have already emailed us and let us all review the letter to see if we are getting what we need from this request. Let us all agree if we want to pursue this and contribute towards this. Once we have enough people, we can go forward.
.
Not so fast buddy. We are not on forums 24/7
The thread was posted last night and how can you expect instant reply.:D
In future if someone wants to reach us if you have any question, it is better to directly contact us rather than posting on the forum as we do not read every post.
A couple of people who got the letters have already emailed us and let us all review the letter to see if we are getting what we need from this request. Let us all agree if we want to pursue this and contribute towards this. Once we have enough people, we can go forward.
more...
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optimist
05-21 09:27 AM
We always claim that we are highly-skilled individuals who earn far above the national average. Let our wallets speak for us now.
Please fight for YOUR right. Let's end the Green Card mess. It's now or never.
Contributed: $100
Paypal Transaction ID: 22B89479TN023835Y
Go IV, GO!
Please fight for YOUR right. Let's end the Green Card mess. It's now or never.
Contributed: $100
Paypal Transaction ID: 22B89479TN023835Y
Go IV, GO!
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nrakkati
03-20 11:20 PM
First of all,based on the information you provided i believe that
1. You are continuously employed WITHOUT any gap, meaning working 40 hrs/ week and clean history of pay stubs, W2s etc
2. You have been working for only one employer at any given point of time, as a full time employee
IF What i said above is true, then RFE makes no sense. because based on the H1B rules and regulations, one can have multiple H1Bs BUT can only work for ONE employer as full time, meaning 40hrs/week.
It is also completely legal that one can work up to 20hrs/week for second employer by paying proper taxes . but in your case i believe that you have worked for only one employer and i think you can show the evidence.
Please contact your attorney and draft a response carefully
Please correct me if were wrong
Thanks Satya. Your two assumptions are correct.
1. You are continuously employed WITHOUT any gap, meaning working 40 hrs/ week and clean history of pay stubs, W2s etc
2. You have been working for only one employer at any given point of time, as a full time employee
IF What i said above is true, then RFE makes no sense. because based on the H1B rules and regulations, one can have multiple H1Bs BUT can only work for ONE employer as full time, meaning 40hrs/week.
It is also completely legal that one can work up to 20hrs/week for second employer by paying proper taxes . but in your case i believe that you have worked for only one employer and i think you can show the evidence.
Please contact your attorney and draft a response carefully
Please correct me if were wrong
Thanks Satya. Your two assumptions are correct.
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jayleno
09-25 12:01 PM
My friend,
What is dangerous is half knowledge. There is no such law which prohibits you from using AC-21 and doing an H-1 transfer to the new company. In fact most lawyers recommend that
prince_charming, you had mentioned that you had done H1 transfer with AC21.
I think it was mentioned in one of the posts in Murthy site that such a situation could lead to denial of I-485 as it would constitute abandonment of AOS application. One should use EAD after filling AC21.
What is dangerous is half knowledge. There is no such law which prohibits you from using AC-21 and doing an H-1 transfer to the new company. In fact most lawyers recommend that
prince_charming, you had mentioned that you had done H1 transfer with AC21.
I think it was mentioned in one of the posts in Murthy site that such a situation could lead to denial of I-485 as it would constitute abandonment of AOS application. One should use EAD after filling AC21.
nandakumar
03-05 07:34 PM
Today I got a letter from USCIS office at Lee's Summit, MO stating that it would cost app $5000 for the customozed computer program to retrive the data.
I can contribute if IV decide to sign up for this.
I can contribute if IV decide to sign up for this.
PD073102VA
03-19 10:49 PM
stucklabor,
I hope you are right and I am wrong. So, "special handling"
cases do not go through labor certification at all. Do professors have to go through "special handling" labor certification?
If you are right then it means that an advanced degree holder in STEM from a US school with 3 years of prior US experience will be able to apply for I-140 and I-485 right away.
Thanks for clarifying.
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.
I hope you are right and I am wrong. So, "special handling"
cases do not go through labor certification at all. Do professors have to go through "special handling" labor certification?
If you are right then it means that an advanced degree holder in STEM from a US school with 3 years of prior US experience will be able to apply for I-140 and I-485 right away.
Thanks for clarifying.
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.
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