gaz
04-20 12:15 PM
it may be so in some scenarios - but i'm not sure if thats the rule rather than the exception. but then again - i'm speaking from my limited experience in this area, which does not include a consultant position (have always been a full time employee), and could very well be wrong about how this works in the consulting world.
my intention is not to preach - just bringing up what i've been told and have read on IV regarding the letter and spirit of the law around filing - and that the OP should be aware of this before deciding on a course of action.
Sure. h-1b is now; labor is what you are going to do when greencard gets approved.
try telling a consultant who is qualified for eb2 that the job dictates it is eb3 and they won't sleep or eat -:).
Reality of the process and how it works is quite different. If you really wanted to pick on things; DOL assessment of education and experience dictate that all of the IT positions should not require more then bachelors and four years of experience (ever IT labor filed with eb2 requirements it to be answered that the job requirements are NOTnormal for the positoin.
If companies don't want to file eb2 then employee will not stay (they cannot fathom waiting 10 years for greencard).
Maybe people don't want to hear this but that is reality of the situation.
my intention is not to preach - just bringing up what i've been told and have read on IV regarding the letter and spirit of the law around filing - and that the OP should be aware of this before deciding on a course of action.
Sure. h-1b is now; labor is what you are going to do when greencard gets approved.
try telling a consultant who is qualified for eb2 that the job dictates it is eb3 and they won't sleep or eat -:).
Reality of the process and how it works is quite different. If you really wanted to pick on things; DOL assessment of education and experience dictate that all of the IT positions should not require more then bachelors and four years of experience (ever IT labor filed with eb2 requirements it to be answered that the job requirements are NOTnormal for the positoin.
If companies don't want to file eb2 then employee will not stay (they cannot fathom waiting 10 years for greencard).
Maybe people don't want to hear this but that is reality of the situation.
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frankiesaysrelax
11-04 09:27 PM
After reading your post, I just called the ICICI customer support and checked with them. They told me that I cannot get anything from my ICICI NRO account unless otherwise it is for education or for medical purpose.
I am not sure how you got your money from ICICI. May be you had put USD and got it back sometime later. Have you tried to bring back INR from ICICI account? If yes, let me know what you did.
As I mentioned in my post, I had a resident Indian A/C - account that was opened when I was legally a resident Indian (salary a/c incidentally). No way it can be confused with one of N/RE/O accounts. I had INR in my account. It was wired over to my account here in the US, I got $s. Simple. If you look through the link that I posted, ICICI's instructions are quite clear - you can say family maintenance as a good reason.
As a couple of people commented in subsequent posts, it is straightforward to send money, INR to $.
I am not sure how you got your money from ICICI. May be you had put USD and got it back sometime later. Have you tried to bring back INR from ICICI account? If yes, let me know what you did.
As I mentioned in my post, I had a resident Indian A/C - account that was opened when I was legally a resident Indian (salary a/c incidentally). No way it can be confused with one of N/RE/O accounts. I had INR in my account. It was wired over to my account here in the US, I got $s. Simple. If you look through the link that I posted, ICICI's instructions are quite clear - you can say family maintenance as a good reason.
As a couple of people commented in subsequent posts, it is straightforward to send money, INR to $.
logiclife
08-27 12:52 PM
What if DMV refuses to renew the license if I-94/H1 is extended for 1 year (mostly in the case of H1 extension beyond 6th year) but is not stamped on your passport. This happened with me. DMV officer insisted on visa stamped on my passport and he was not ready to accept the I-797 form which I was showing. Finally, I've to go to other DMV and count on my luck to get my license renewed.
This is a as much a problem with DMV as a problem with employees. I did not 100% agreed with your comments that it's a problem with an employer. Now a days even filing 6 months prior to expiration is not guranteed to give you a timely approval.
In Florida, no matter if you have 1 yr or 3yrs I-94/Visa, they only issue you a license for 1 year. Period. Florida..anyway sucks.
Also, can someone tell me, once you get an EAD, can we use that to get the license renewal?
Yes, I agree with you. Asking for valid visa stamp is too much, the latest I-797 and latest valid I-94 should be enough to get driver's license, because latest valid I-94 proves that you are legal and that's enough. Passport stamp is not neccesary to prove legal status.
The sad part is that employers should get involved with state legislature and state regulators, DMV etc to make sure their foriegn workers have ability to get driver's license based on approved I-797. Its a mess.
This is a as much a problem with DMV as a problem with employees. I did not 100% agreed with your comments that it's a problem with an employer. Now a days even filing 6 months prior to expiration is not guranteed to give you a timely approval.
In Florida, no matter if you have 1 yr or 3yrs I-94/Visa, they only issue you a license for 1 year. Period. Florida..anyway sucks.
Also, can someone tell me, once you get an EAD, can we use that to get the license renewal?
Yes, I agree with you. Asking for valid visa stamp is too much, the latest I-797 and latest valid I-94 should be enough to get driver's license, because latest valid I-94 proves that you are legal and that's enough. Passport stamp is not neccesary to prove legal status.
The sad part is that employers should get involved with state legislature and state regulators, DMV etc to make sure their foriegn workers have ability to get driver's license based on approved I-797. Its a mess.
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shimul99
10-25 03:54 PM
No vkkkk, I'm not playing. What some people are saying is logic and what i'm saying is the fact. You seems new in this form. But i think most of the people here are serious and try share their sufferings, free help from freinds (virtual).
Anyway, My lawyer used the PERM. right after i received my Labor (may 2006) I had to renew my H1b which took 6 months (regular processing). After i received my renewal I sent my I-140 application. I didn't even bother to use the premium processing for my i140 because the i485 was not current that time, instead it way way back as a EB3. anyway, you know the rest of the story.....
You signature shows like
Labor approved May 06
I-140 Applied Feb 8, 2007 (Approved Sep 18, 2007)
I-485 Applied Jun 29,2007...Received Receipt on July 31, 2007
Status - Pending
but how it is possible
I-140 Applied Feb 8, 2007 (Approved Sep 18, 2007).
currently 140 processing dates around Nov/dec-06.
Are you trying to play with people feelings?
Anyway, My lawyer used the PERM. right after i received my Labor (may 2006) I had to renew my H1b which took 6 months (regular processing). After i received my renewal I sent my I-140 application. I didn't even bother to use the premium processing for my i140 because the i485 was not current that time, instead it way way back as a EB3. anyway, you know the rest of the story.....
You signature shows like
Labor approved May 06
I-140 Applied Feb 8, 2007 (Approved Sep 18, 2007)
I-485 Applied Jun 29,2007...Received Receipt on July 31, 2007
Status - Pending
but how it is possible
I-140 Applied Feb 8, 2007 (Approved Sep 18, 2007).
currently 140 processing dates around Nov/dec-06.
Are you trying to play with people feelings?
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gcwanter
07-02 06:27 AM
i upgraded on 6/19.no news yet. saw 2 times lud...
ARUNRAMANATHAN
05-28 09:03 AM
http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html?hpid=topnews&sub=AR
Quite the same text in WP ...MSNBC has used WP text.
Quite the same text in WP ...MSNBC has used WP text.
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hiralal
08-03 11:15 PM
Although officially so far, USCIS has not branded an I-485 status as "pre-adjudicated", if you haven't received any RFE and/or any other negative status about your 485, and if your case is outside the processing dates of the Service Center, then obviously dude your case is pre-adjudicated. I don't understand why most of the people are ignoring this simple fact. I think we need to stop consider USCIS a mystery box, and start treating it like an organization that processes the applications in a structured way.
I tend to believe that the offical status of being "pre-adjudicated" is coming soon. A few months back I read that USCIS is considering publishing another set of date known as "Qualifying Date" in their monthly visa bulletin. That date will define if you are "qualified" to file I-485. They will determine this date based on their workload. The idea behind is to avoid another July 2007 fiasco. They intend to process the 485's early rather than have you wait for your PD to become current. That way they will manage their workload efficiently and avoid visa wastage. They did indicate these applications to be pre-adjudicated then. I am guessing the official status of "pre-adjudicated" on your 485 application is coming soon.
well my view is that it is not that obvious !! say someone is in EB3-I with a priority date of 2004 or EB2-I with a PD of 2006 / 2007 - what would USCIS do ?
these are not the low hanging cases (as opposed to EB2 with PD of 2004 or EB3 with PD of 2001) ..or in other words - there is less chance that they will become current soon ..in that case, does USCIS close the case and put the file away or will they still pre-adjudicate ??
(I am not as informed -- since I have not read the article in detail ..and hence my post is more of a question ...)
I tend to believe that the offical status of being "pre-adjudicated" is coming soon. A few months back I read that USCIS is considering publishing another set of date known as "Qualifying Date" in their monthly visa bulletin. That date will define if you are "qualified" to file I-485. They will determine this date based on their workload. The idea behind is to avoid another July 2007 fiasco. They intend to process the 485's early rather than have you wait for your PD to become current. That way they will manage their workload efficiently and avoid visa wastage. They did indicate these applications to be pre-adjudicated then. I am guessing the official status of "pre-adjudicated" on your 485 application is coming soon.
well my view is that it is not that obvious !! say someone is in EB3-I with a priority date of 2004 or EB2-I with a PD of 2006 / 2007 - what would USCIS do ?
these are not the low hanging cases (as opposed to EB2 with PD of 2004 or EB3 with PD of 2001) ..or in other words - there is less chance that they will become current soon ..in that case, does USCIS close the case and put the file away or will they still pre-adjudicate ??
(I am not as informed -- since I have not read the article in detail ..and hence my post is more of a question ...)
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dummgelauft
09-07 03:07 PM
Bump
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funny
10-01 10:58 PM
From what I can gather, from the immigration perspective:
1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible
2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)
3. If you are on EAD -
a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)
Thoughts?
What about when u start the company on your spouse name and you work through it...I guess that would also be considered as self employment
1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible
2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)
3. If you are on EAD -
a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)
Thoughts?
What about when u start the company on your spouse name and you work through it...I guess that would also be considered as self employment
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asanghi
04-16 02:50 PM
Unique Transaction ID #7DW17556YY272161N
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gc28262
07-02 04:01 PM
So that we get enough attention... I wrote one awhile back, still no luck.
Instead of writing individual letters, we should approach through appropriate channels like some lawyers, AILA etc. Not sure though.
Instead of writing individual letters, we should approach through appropriate channels like some lawyers, AILA etc. Not sure though.
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nonimmi
05-24 10:39 AM
Basically they want to prevent offshoring legally... meaning
if microsoft wants job done.. hire locally.. or bring people on direct H1 so they net the taxes. or do the job overseas.
If Infosys brings people - do not let them work in CIsco, microsoft or, HP... that way they put overseas company OUT OF Business
USA needs fruit pickers not hi tec, this can be outsourced..
These guys dont know what reality is. That is the reason Microsoft, Intel, HP CEOs speak openly against the system. Color of Party changed in DC but their mind did not. This is unfortunate for this country. Doing all these non-sense they are going backword and making another mistake which may be beyond repair.
Stopping outsourcing and restricting Indian IT companies may never be successful. They will find a way to deal with it. Only we people will suffer because of this outcome.
if microsoft wants job done.. hire locally.. or bring people on direct H1 so they net the taxes. or do the job overseas.
If Infosys brings people - do not let them work in CIsco, microsoft or, HP... that way they put overseas company OUT OF Business
USA needs fruit pickers not hi tec, this can be outsourced..
These guys dont know what reality is. That is the reason Microsoft, Intel, HP CEOs speak openly against the system. Color of Party changed in DC but their mind did not. This is unfortunate for this country. Doing all these non-sense they are going backword and making another mistake which may be beyond repair.
Stopping outsourcing and restricting Indian IT companies may never be successful. They will find a way to deal with it. Only we people will suffer because of this outcome.
more...
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sprajulu
08-26 04:10 PM
EB2-India-PD-Dec2004
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gcisadawg
02-23 03:01 PM
Green Tech, There is a history of posts with buddyinfo alias buddyinusa alias buddyinuk etc etc. This guy has a background of sounding like someone from India, and attacking specific community, pitching one against the other, which it typical terrorist mid-set. The other day he pretended like someone from north India and attacked people from AP. He was also supportive and sympathic towards terrorist who attacked Mumbai on 11/26. Based on that history, I read between the lines whenever he post, and I see it in that light. Others in that category are sab and gcisadawg. I hope it explains where I am coming from.
.
Alright, Moral high priest! You are ready to criticize others but shoot the messenger if someone doesn't agree with your position.
.
Alright, Moral high priest! You are ready to criticize others but shoot the messenger if someone doesn't agree with your position.
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pappu
01-30 07:12 AM
/\/\/\
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NoMoreSilence
01-18 07:35 AM
:confused: I donated $101 thru Paypal yesterday to move the number 14386 up fast. But it did not change at all!!:confused:
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sanju_eb3
04-25 09:01 PM
What are the downsides of the point based system?
- The bill may take too long to shape-up and implement; thus holding off any meaningful reform to address the current retrogression problem.
- Others, please list
What are its advantages?
- No need of lawyer
- Employer independent (Is it true?)
- Others, please list
- The bill may take too long to shape-up and implement; thus holding off any meaningful reform to address the current retrogression problem.
- Others, please list
What are its advantages?
- No need of lawyer
- Employer independent (Is it true?)
- Others, please list
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oldschool
08-15 09:28 AM
Are there any implications of leaving my employer now who sponsored me for GC? I got my GC on the first week of July. I plan to leave on the 1st week of September. Thank you very much.
Addendum: I applied for AOS for my spouse this July. Will there be a problem with her AOS?
Addendum: I applied for AOS for my spouse this July. Will there be a problem with her AOS?
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arnab221
04-25 10:32 PM
The problem here is not the immigration system it is sheer number of people who want to become permanent residents . The queues in Canada and Australia are far far far smaller so the point system works smoothly. The main disadvantage of the point based immigration system is that if the people in the line increase, the points will be immediately be increased so that fewer qualify .Then there will always be people like Lou Dobbs who will say that "potential immigrants will get points only if they make 240K a year and are 25 years of age". The UK is also restricting people by increasing the point based system. Now people who make 35,000 GBP a year do not get any points in the HSMP. The age also has been decreased in HSMP. So the point based system works where the queues are smaller unlike the US. The risks of point based system getting changed everyday are far larger than the US based system , which gives Green cards without any hard and fast numbers like salary , age and qualifications .
pappu
02-10 04:53 PM
252
Target 1000
Target 1000
nozerd
04-17 08:11 AM
Yes but in Canada you will breathe clean air and drink clean water. You will have electricity 24 hrs a day and water 24 hrs a day. You wont find trash on the street and you wont be considered second class citizen if you arent SC/ST/OBC due to reservations. You woint have to give "donations" to get your kid admitted to Class 1. You wont face a system where a simple court case drags to 50 yrs or a case where doctor will not treat if before police does a "Panchnama" if you had an accident. You wont have to bribe everyone from minucipality to police to start a business.
Canada is already worse than India (atleast for IT sector). Hard to find jobs. Salaries are 75-80% of corresponding US jobs. And Candian $ is also cheaper (though catching up with USD).
Canada is already worse than India (atleast for IT sector). Hard to find jobs. Salaries are 75-80% of corresponding US jobs. And Candian $ is also cheaper (though catching up with USD).
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