vandanaverdia
10-26 01:17 PM
bump
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sk.aggarwal
07-23 12:46 PM
Thanks Snathan this will be the best. Problem I am facing is that no one is willing to start GC process unless I join them and they start making money to offset the costs. Can you suggest someone who can help?
Dhundhun
06-24 10:02 PM
at the POE i was being given I-94 validity till Nov 2008 but i have visa till 2009, when i asked the immigration officer at POE he told me my passport was expiring in 6 months and told me to get a new passport and come back, when i went back to airport they gave me one I102 form to fill, Iam on H4 visa and i havent used my EAD yet.
My question is
1. if i send the I102 form how long will it take to get new I 94 card.
2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.
3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN
Answers:
1. It takes 2-3 months to get I-94 card after I-102 application.
2. I-94 is not relevent for EAD. EAD renewal is based on photocopy of I485 receipt, photocopy of previous EAD and original letter which came with EAD. Also need the know the day, previous EAD was applied.
3. When we go neighbouring countries (e.g. Canada/Mexico) and want to use AVR, we need to keep I94. At the time of AVR, exit/entry record is updated. When we go to other countries, we need to surrender I-94 to airlines for exit record to be properly updated. So I am not sure, how you want to go out and get another i-94.
My question is
1. if i send the I102 form how long will it take to get new I 94 card.
2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.
3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN
Answers:
1. It takes 2-3 months to get I-94 card after I-102 application.
2. I-94 is not relevent for EAD. EAD renewal is based on photocopy of I485 receipt, photocopy of previous EAD and original letter which came with EAD. Also need the know the day, previous EAD was applied.
3. When we go neighbouring countries (e.g. Canada/Mexico) and want to use AVR, we need to keep I94. At the time of AVR, exit/entry record is updated. When we go to other countries, we need to surrender I-94 to airlines for exit record to be properly updated. So I am not sure, how you want to go out and get another i-94.
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msyedy
12-14 09:26 AM
while make illegal aliens legal.. the current S.2611 says the illegal pay back taxes and go through a process like us to get citizenship.
We have overlooked the fact that they will recieve an EAD and can work for anyone anywhere and file for immigration by themselves.. So it is almost like a GC for them. S.2611 does not say about them requireing a employer to file.
We need a employer whom we should stick too to get GC. Many people give away better oppurtunities for GC and to get their spouce a GC or EAD for them to work they stick to the current company which pay very less.
This point has to be taken into consideration and we must fight and raise our voice to get this to the law makers.
We have overlooked the fact that they will recieve an EAD and can work for anyone anywhere and file for immigration by themselves.. So it is almost like a GC for them. S.2611 does not say about them requireing a employer to file.
We need a employer whom we should stick too to get GC. Many people give away better oppurtunities for GC and to get their spouce a GC or EAD for them to work they stick to the current company which pay very less.
This point has to be taken into consideration and we must fight and raise our voice to get this to the law makers.
more...
masterji
01-12 12:43 AM
If your application is excessively delayed, you can always enter using a valid AP. Gurus correct me if I am wrong.
Ramba
05-04 02:04 PM
:) when you are in India, you are NOT on H1B status.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
more...
mhssatya
05-12 01:22 PM
Hello,
I'm planning to get immigration medical examination done for my wife. We're also planning for pregnancy.
One doctor said we should not try for pregnancy for 4-6 months once she get the shots. He also said he will give a waiver for now for the shots but USCIS will ask for it later. Is that a good idea?
Another doctor said she can do a blood test and determine if she needs the shots.
Any body in the same situation?
I'm planning to get immigration medical examination done for my wife. We're also planning for pregnancy.
One doctor said we should not try for pregnancy for 4-6 months once she get the shots. He also said he will give a waiver for now for the shots but USCIS will ask for it later. Is that a good idea?
Another doctor said she can do a blood test and determine if she needs the shots.
Any body in the same situation?
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arnet
10-24 01:16 PM
thanks janilsal for letting us know abt this program and please let us know if you receive any reply.
IV members should follow this program and ask lawmakers abt this retrogression issue if yahoo brings more lawmakers to this program.
Yahoo has a program to basically field questions to various congressmen and senators (most of them are prominent).
On Oct 26th, Rep. Tom Davis is going to answer questions.
I have comment #170 at:
http://news.yahoo.com/b/judy_woodruff/j_woodruff11183?rf=166#comments
In the future, there will be more law makers.
IV members should follow this program and ask lawmakers abt this retrogression issue if yahoo brings more lawmakers to this program.
Yahoo has a program to basically field questions to various congressmen and senators (most of them are prominent).
On Oct 26th, Rep. Tom Davis is going to answer questions.
I have comment #170 at:
http://news.yahoo.com/b/judy_woodruff/j_woodruff11183?rf=166#comments
In the future, there will be more law makers.
more...
sheela
10-12 02:45 PM
please, poll your PD here
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sagar_nyc
08-15 11:28 AM
Ramesh,
Try to get as much info about this acquisition. I was in simillar situation. Company I used to work with got acquired by another company. and that time our labor was pending. We had to start process all over again and end up losing our two year of PD, because New company was located in different state. their tax id was different etc.
My advice to you is consult with good attorney.
Here is my situation:
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
Try to get as much info about this acquisition. I was in simillar situation. Company I used to work with got acquired by another company. and that time our labor was pending. We had to start process all over again and end up losing our two year of PD, because New company was located in different state. their tax id was different etc.
My advice to you is consult with good attorney.
Here is my situation:
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
more...
sodh
01-22 07:25 PM
I wish IV core members the best in whatever they do, any tiny relief will be a huge acheivement and that is what the IV core members are fightining for against all odds to get us some relief so please do not let them down.
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reverendflash
10-21 04:05 AM
graduated high school in 1980, hence the jellybelly reference. Let us not forget Uncle Ronny...He is the reason we have to pay a small fortune for schools in California... :evil: :evil:
But I digress, I'm a little testy due to the Giants' loss tonite... :evil:
Rev:elderly:
But I digress, I'm a little testy due to the Giants' loss tonite... :evil:
Rev:elderly:
more...
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andy.jones110
10-13 12:06 AM
our situation is complicated.
There is a 240 days rule to stop working, if H1B is pending for an approval.
It is for working with the same employer. Transfer may be diffrent.
But since it is a premium process, and your I-94 is expired, you need to be very careful.
You are now out of staus, I fear.
So rush to a good lawyer and contact USCIS
-----------------------------------------------------------------------
My Situation is like this
1. Applied for H1 Visa Ext with Comp A, before I- 94 expiry in regular processing and Ive receipt No with me.
2. Now Ive a good offer with company B, they will apply in Premium processing for H1 Transfer and extension.
What are my chances of getting Approval for transfer?
There is a 240 days rule to stop working, if H1B is pending for an approval.
It is for working with the same employer. Transfer may be diffrent.
But since it is a premium process, and your I-94 is expired, you need to be very careful.
You are now out of staus, I fear.
So rush to a good lawyer and contact USCIS
-----------------------------------------------------------------------
My Situation is like this
1. Applied for H1 Visa Ext with Comp A, before I- 94 expiry in regular processing and Ive receipt No with me.
2. Now Ive a good offer with company B, they will apply in Premium processing for H1 Transfer and extension.
What are my chances of getting Approval for transfer?
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fatjoe
10-06 05:12 PM
How did you know that your case was pre-adjudicated on Sept 18th 2008?
Is there anywhere that information is available? Thanks.
Take an infopass. They can tell if your case is pre-adjudicated or not.
Is there anywhere that information is available? Thanks.
Take an infopass. They can tell if your case is pre-adjudicated or not.
more...
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makemygc
07-11 12:37 PM
/\/\ Bump /\/\
I remember one yawl (I guess Chinese national) who participated in flower campaign. You can PM him and see if he/she is from aroung NY area.
I remember one yawl (I guess Chinese national) who participated in flower campaign. You can PM him and see if he/she is from aroung NY area.
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ajay_hyd
01-25 08:54 AM
Is it a bad idea to ask for help from the indian government, there are ministers like "Minister for Overseas Indian Affairs - Vayalar Ravi" who is supposed to look into issues we are having here, even if contacting them doesn't help, it atleast will not hurt us. i think there are few good ministers in there who can understand our problems, they may not help us with $$ but may be able to help us with their lobbying groups.
i think "Ronen Sen - India's ambassador to USA" is another person who will be sympathetic to our cause.
i think "Ronen Sen - India's ambassador to USA" is another person who will be sympathetic to our cause.
more...
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Lacris
08-09 10:41 PM
I was wondering if we could have on this site some reliable information about the most important aspects of GC processing. People are posting a lot all the time and asking the same things all over again, and while many answers are pertinent, we must realize not everyone knows the laws and rules.Not to mention how much time it takes to search the threads and find what you want to know. If there was a place where they could lookup the information they need and this information would be provided by knowledgeable persons, like admins or moderators, not other members, maybe we could avoid having so many threads and posts.I understand that would involve some effort, but in the end there would not be so much need to go thru all the posts and make sure people are not misleading others or create panic.
Of course, this is stil a forum and it's only natural to have people expressing themselves, but maybe in that situation they would not have to post so much and use the space on the servers.
Thank you
Of course, this is stil a forum and it's only natural to have people expressing themselves, but maybe in that situation they would not have to post so much and use the space on the servers.
Thank you
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bestofall
03-24 10:41 AM
Rights and Responsibilities of H-1B Holders
http://hyderabad.usconsulate.gov/h1b.html
Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker
The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.
You have the following rights as an H-1B worker:
You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
You must receive the same fringe benefits on the same basis as offered to American employees.
Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
You have the following responsibilities as an H-1B worker:
You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
You may not enter the United States more than 10 days prior to the petition validity date.
You must follow U.S. laws and regulations while in the United States.
Your spouse and other H-4 dependents may not work while in the United States.
If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or http://www.wagehour.dol.gov/. You can also contact Consulate General Hyderabad at HydNIV@state.gov.
http://hyderabad.usconsulate.gov/h1b.html
Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker
The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.
You have the following rights as an H-1B worker:
You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
You must receive the same fringe benefits on the same basis as offered to American employees.
Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
You have the following responsibilities as an H-1B worker:
You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
You may not enter the United States more than 10 days prior to the petition validity date.
You must follow U.S. laws and regulations while in the United States.
Your spouse and other H-4 dependents may not work while in the United States.
If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or http://www.wagehour.dol.gov/. You can also contact Consulate General Hyderabad at HydNIV@state.gov.
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praveen2008
02-13 11:39 AM
Hello All,
I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.
I am recently moving over to a new consulting opportunity which my employer has showed me which is corp � corp with prime vendor in between�
I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved� I need couple of suggestions if somebody could advice
� Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee � employer relationship in terms of H1 processing and travelling to india
OR
� Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date�..
I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..
Thanks,
I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.
I am recently moving over to a new consulting opportunity which my employer has showed me which is corp � corp with prime vendor in between�
I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved� I need couple of suggestions if somebody could advice
� Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee � employer relationship in terms of H1 processing and travelling to india
OR
� Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date�..
I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..
Thanks,
Rune
May 31st, 2004, 04:22 PM
Nah, nothing more than what two bookshelves can hold! :)
http://www.lspace.org/books/reading-order-guides/ has a map over which books makes sense to start with. The first two in the series ("The Colour of Magic" and "The Light Fantastic") might be a tad compact at first read (maybe just me, but I've had friends tell me this as well, so...).
I originally wanted to play the computer game, but felt I had to read the books first... I never got around to actually playing the games though. (I tried "Discworld Noir" for a while, but some of its bugs seriously interfered with the gameplay)
"Mort" I believe contains the reference to "Duck Man"...
http://www.lspace.org/books/reading-order-guides/ has a map over which books makes sense to start with. The first two in the series ("The Colour of Magic" and "The Light Fantastic") might be a tad compact at first read (maybe just me, but I've had friends tell me this as well, so...).
I originally wanted to play the computer game, but felt I had to read the books first... I never got around to actually playing the games though. (I tried "Discworld Noir" for a while, but some of its bugs seriously interfered with the gameplay)
"Mort" I believe contains the reference to "Duck Man"...
BeCoolGuy
04-04 07:27 AM
https://efiling.uscis.dhs.gov/efile/ allows you to efile your applications. Not all can be efiled, but the EAD and AP can be! For sure.
Max you can do is 180 days in advance. It is unnecessary for the most part. But won't say it is not advised. Only some folks have experienced delays in getting their EADs on time, and such events, its always to be earlier than late in filing.
In terms of processing - and which one is better - i would assume e-file is slightly faster. Only difference is USCIS gets paid a lot faster. One may be required to do FPs in any case. It doesnt matter, if they need new fingerprints, they'll ask for it. After efiling, USCIS may still ask you to send supporting documents to their mailing address, along witha printout of the receipt of efiling. Other benefit of e-filing is, that you get your EAC (Receipt # stating that appln has been filed) right away. That is a huge benefit according to me, than anything else, for efiling. Other one is ofcourse, you dont pay to your lawyer for that processing fees.
Goodluck.
Max you can do is 180 days in advance. It is unnecessary for the most part. But won't say it is not advised. Only some folks have experienced delays in getting their EADs on time, and such events, its always to be earlier than late in filing.
In terms of processing - and which one is better - i would assume e-file is slightly faster. Only difference is USCIS gets paid a lot faster. One may be required to do FPs in any case. It doesnt matter, if they need new fingerprints, they'll ask for it. After efiling, USCIS may still ask you to send supporting documents to their mailing address, along witha printout of the receipt of efiling. Other benefit of e-filing is, that you get your EAC (Receipt # stating that appln has been filed) right away. That is a huge benefit according to me, than anything else, for efiling. Other one is ofcourse, you dont pay to your lawyer for that processing fees.
Goodluck.
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