Administrator2
01-20 02:02 PM
This looks great.....good work.
However, it looks like the reputation button is not working right. :)
Thanks Saralayar! A lot of members helped to make this change. Ideas and effort from a large number of members were pooled in. Special Thanks to coopheal for working on the wiki. That was awesome work.
Hi! Ennada,
We tested again and the Reputation button is working fine. We have disabled the reputation messages. Please let us know what is not working with the reputation button and we will fix it.
Thanks,
However, it looks like the reputation button is not working right. :)
Thanks Saralayar! A lot of members helped to make this change. Ideas and effort from a large number of members were pooled in. Special Thanks to coopheal for working on the wiki. That was awesome work.
Hi! Ennada,
We tested again and the Reputation button is working fine. We have disabled the reputation messages. Please let us know what is not working with the reputation button and we will fix it.
Thanks,
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Nagireddi
08-20 10:49 PM
EB2
My priority date Dec 2005
I140 approved
I485 filed at NSC-August 2007
Still waiting.................
Some moron is questioning my priority date and gave me a red dot.:confused:
My priority date Dec 2005
I140 approved
I485 filed at NSC-August 2007
Still waiting.................
Some moron is questioning my priority date and gave me a red dot.:confused:
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burnt
03-08 10:37 PM
Same for me... I went to India...I followed the process while boarding and gave the passport to Airlines guy. But Somehow noticed after boarding the plane that he had not stamped my passport. So that I-94 came back with me when I reentered USA, But I did not say anything to the Immigration Officer at the POE, and got a new I-94. Will this effect my I-485?
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go_guy123
01-21 02:48 PM
I am speculating this. Elite people in USA predicted this situation in early 90s and they put Country quota. We all knew that countries like UK, Germany, France are Staunch Allies of USA for many decades. So USA did not want those country persons to wait years . India was least favored country in past due to many political reasons. Though it is changing now still USA may like to give preference to many of their close Allies. Canada had TN Visa but India does not have similar thing. If this is a speculation then it is possible to change Country Quota. I strongly believe that it is easier to increase GC quota or recapture bill than removing country quota.
Actualy per country quota was made in 60s replacing and even more rigid system that alloted quotas based on existing us population origin (mainly from western europe) by
Senator Kennedy.
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
Actualy per country quota was made in 60s replacing and even more rigid system that alloted quotas based on existing us population origin (mainly from western europe) by
Senator Kennedy.
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
more...
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sk2006
05-25 01:21 AM
My Employer is not paying me salary even I am on Project.
can any one please tell me that how to report to DOL about this company.
AGT
Would you please care to update your profile?
It appears you created and ID just to post this question.
can any one please tell me that how to report to DOL about this company.
AGT
Would you please care to update your profile?
It appears you created and ID just to post this question.
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ss2005
06-11 01:20 PM
[QUOTE=alseethis;254669]How is the market? I want to share my history and see if the situation is the same in other places.
I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
Today we are trying to hire another programmer and so far, 1 month, no one show up.
I don't know if this situation is happening in other places, but from our experience since 2003.
- there are not many americans interested in IT ?!?
- the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
- due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.
My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.
One of my friend is trying to recruit SAP guy in FL but he is not able to get GC guy due to pay. His company is not able to pay more than 110K.
I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
Today we are trying to hire another programmer and so far, 1 month, no one show up.
I don't know if this situation is happening in other places, but from our experience since 2003.
- there are not many americans interested in IT ?!?
- the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
- due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.
My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.
One of my friend is trying to recruit SAP guy in FL but he is not able to get GC guy due to pay. His company is not able to pay more than 110K.
more...
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natrajs
07-17 07:54 PM
Thank Q to all the peolpe involved in this
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joydiptac
02-08 05:23 PM
So which is better, LOA or termination of job? Hard choice..
LOA till you get a job. LOA will maintain your H1b or EAD status with the same company.
BTW, H1b to EAD is seamless, you needn't go out of the country to use EAD instead. On EAD you can work in a similar job. Talk to your attorney.
LOA till you get a job. LOA will maintain your H1b or EAD status with the same company.
BTW, H1b to EAD is seamless, you needn't go out of the country to use EAD instead. On EAD you can work in a similar job. Talk to your attorney.
more...
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Dhundhun
10-26 01:36 PM
... US is an English speaking nation although people from all parts of the word live here. We have to abide by the common language which is English and not Spanish. ...
This statemet has narrow sprit of English Only Movement (English-only movement - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/English-only_movement)), where as US is much broader (Languages of the United States - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Languages_in_the_United_States)). Many states and citizens won't agree.
This statemet has narrow sprit of English Only Movement (English-only movement - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/English-only_movement)), where as US is much broader (Languages of the United States - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Languages_in_the_United_States)). Many states and citizens won't agree.
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vine93
03-04 11:01 AM
These type of memorandum every officer will know immidiately. Remember earlier many people posted in this forum when they called for Infopass appointment officer wasn't aware of any such ruling that he needs to approve I-485 if FBI Namecheck pending more than 180 days.
more...
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rocky17105
07-29 09:48 AM
Could anyone senior in the forum please let me know if there is any way for me to get 485 reopened sooner where its USCIS mistake to deny 140 and 485.
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shree772000
06-09 04:00 PM
Delete this useless thread!
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redgreen
08-09 11:40 AM
Have you put a last date for cashing, on your check?? I just want to know how to do it?
Anyway why did you put this Aug 17th as the last day in your check? It looks like you have some extraordinary vision on things....
Thanks for your wisdom and help to the IV community.
Anybody with July 19th receipt date got their Check encashed? How about Receipt Notice? EB-3 India.
I am worried about checks not being cashed yet. After Aug 17th the window is closed.
Anyway why did you put this Aug 17th as the last day in your check? It looks like you have some extraordinary vision on things....
Thanks for your wisdom and help to the IV community.
Anybody with July 19th receipt date got their Check encashed? How about Receipt Notice? EB-3 India.
I am worried about checks not being cashed yet. After Aug 17th the window is closed.
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rangeela
10-17 01:04 PM
Hi All,
I have got fingerprint notice and appointment is after 3 weeks in Charlotte NC. I will not be available on that day and do not want to postpone the appointment.
I would like to prepone the appointment and I tried to find Charlotte USCIS local phone number but could not find anywhere. The only number is general 800 number and that was of no use.
Does anyone have any experience with Charlotte office? Can I just go there and will they do fingerprint any day before actual appointment? Charlotte is around 4 hours drive. It will be painful to drive there and find that they don't do fingerprint before appointment day. What day is normally good if I want to take the chance? Have anyone actually called them and prepone the appointment? What is the local office phone number?
These are two many questions. But all are related. Sorry for being so long and thanks in advance for your response...
rangeela....
I have got fingerprint notice and appointment is after 3 weeks in Charlotte NC. I will not be available on that day and do not want to postpone the appointment.
I would like to prepone the appointment and I tried to find Charlotte USCIS local phone number but could not find anywhere. The only number is general 800 number and that was of no use.
Does anyone have any experience with Charlotte office? Can I just go there and will they do fingerprint any day before actual appointment? Charlotte is around 4 hours drive. It will be painful to drive there and find that they don't do fingerprint before appointment day. What day is normally good if I want to take the chance? Have anyone actually called them and prepone the appointment? What is the local office phone number?
These are two many questions. But all are related. Sorry for being so long and thanks in advance for your response...
rangeela....
more...
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same_old_guy
07-22 03:07 PM
There was a memo from USCIS for in-time receipt compliance for I-485 ( along with other forms) for 8/1 supposedly for June filers.
As I understand it, not all June filers got receipt yet. So obviously USCIS can start looking at July filers only after 8/1 or later.
Another recent memo says on in-time receipt compliance for I-485 to be 10/24. I am guessing it was meant for July/Aug filers.
So between 8/1 and 10/24, we are suposed receive the receipts from USCIS. To me, earliest we should talk about cashing the checks sometime is first week of Aug.
Does it make any sense ?
As I understand it, not all June filers got receipt yet. So obviously USCIS can start looking at July filers only after 8/1 or later.
Another recent memo says on in-time receipt compliance for I-485 to be 10/24. I am guessing it was meant for July/Aug filers.
So between 8/1 and 10/24, we are suposed receive the receipts from USCIS. To me, earliest we should talk about cashing the checks sometime is first week of Aug.
Does it make any sense ?
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yabadaba
07-22 03:37 AM
Please vote and provide details if the answer is yes
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raysaikat
07-10 08:50 PM
Hello,
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
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Wish_Good
04-30 12:45 AM
Hi All,
My Current Situation: I-140 approved on Jan 22, 2009 with company B, 7th year of my H1 ending July 2009, Current company B applied H1 extension, But H1 extension (No RFE just straight denied) - Denied based on "Old Company A"s I-485 - which was denied in June 26th 2008. Iam still in project and no issue of paystubs and all.
Looks like USCIS didn�t considered my current company�s approved 1-140.
Right now, Employer applied MTR (appeal) provided all documents.. like approved I-140 copy, LC copy and previous H1 copies.. etc.
I don't have EAD.
Please some one share their experience and suggestions:
*Usually how much time they will take to respond this kind of Appeals (MTR).
And also for safe side -- can I file another H1 in premum processing while this MTR is in pending.
*If my MTR appeal decision getting delay... can I work for my employer even after July 13th until I get decision on my H1 Extension. Do I eligible for that or I need to go back India.
Iam really worried, I got 2 younger kids.
I request, Kindly give me your valuable advice.
Thank You All,
Wish Good
My Current Situation: I-140 approved on Jan 22, 2009 with company B, 7th year of my H1 ending July 2009, Current company B applied H1 extension, But H1 extension (No RFE just straight denied) - Denied based on "Old Company A"s I-485 - which was denied in June 26th 2008. Iam still in project and no issue of paystubs and all.
Looks like USCIS didn�t considered my current company�s approved 1-140.
Right now, Employer applied MTR (appeal) provided all documents.. like approved I-140 copy, LC copy and previous H1 copies.. etc.
I don't have EAD.
Please some one share their experience and suggestions:
*Usually how much time they will take to respond this kind of Appeals (MTR).
And also for safe side -- can I file another H1 in premum processing while this MTR is in pending.
*If my MTR appeal decision getting delay... can I work for my employer even after July 13th until I get decision on my H1 Extension. Do I eligible for that or I need to go back India.
Iam really worried, I got 2 younger kids.
I request, Kindly give me your valuable advice.
Thank You All,
Wish Good
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va_dude
05-07 10:38 AM
Dude... do some research on the forum on AC-21. There's tons of information.
Anyway, no form to fill out. Whether or not to send info is your choice.
Some attorneys basically just send a letter to uscis letting them know that you moved to emp B from emp A and include specifics about job duties, position, salary etc and that you are invoking the AC-21 rule/act.
Anyway, no form to fill out. Whether or not to send info is your choice.
Some attorneys basically just send a letter to uscis letting them know that you moved to emp B from emp A and include specifics about job duties, position, salary etc and that you are invoking the AC-21 rule/act.
alparsons
March 24th, 2005, 03:37 AM
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simple1
10-26 05:59 PM
I have personally seen few indian-nationals with US-GCs telecommuting on short-term (arround 30 days) while on vacation in india paid only in usa payroll and paying only USA taxes. The same may be applicable for AOS/AP/EAD.
I think.
short term (arround 30 days) - may be ok.
vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.
I fully agree with mcq except for duration part.
Here's how I see it.
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
I think.
short term (arround 30 days) - may be ok.
vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.
I fully agree with mcq except for duration part.
Here's how I see it.
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
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