desi3933
01-22 10:00 AM
Lets not assume we know all legal stuff.
Defining employer - employee relationship is different from abuse and we cannot relate these two.
I do agree that to challenge the law rightfully, one has to have credibility.
You are right that employer-employee relationship is different from abuse. However, they are related especially if employer takes legal route.
I wanted to stress thru my post that H1-B worker can not put legal fight for these memo as it has to come from employer. Only time will tell, if or when any employer takes that step.
One thing, I would like to add here is that memo are advisory in nature and they do not have force of law and apply only to USCIS officers, not to immigration judges.
________________
Not a legal advice.
Defining employer - employee relationship is different from abuse and we cannot relate these two.
I do agree that to challenge the law rightfully, one has to have credibility.
You are right that employer-employee relationship is different from abuse. However, they are related especially if employer takes legal route.
I wanted to stress thru my post that H1-B worker can not put legal fight for these memo as it has to come from employer. Only time will tell, if or when any employer takes that step.
One thing, I would like to add here is that memo are advisory in nature and they do not have force of law and apply only to USCIS officers, not to immigration judges.
________________
Not a legal advice.
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pappu
11-02 01:01 PM
POJ method-
http://immigrationvoice.org/wiki/index.php/POJ_method
http://immigrationvoice.org/wiki/index.php/POJ_method
Aah_GC
11-26 01:55 PM
I would say it is a matter of pure judgement. It helps to stay neutral and make your best bet. For example, if you found a great job and the employer is willing to sponsor your H1B - why not go for it? H1B will be safe(r) anyday - it gives you and opportunity to plan for the unexpected. However, it would be imprudent to ignore a great opportunity by sticking to H1b. So, the thing is - don't lean on either side, just do the best that keeps you happy and safe.
One question though - If I apply for EAD & AP - do I have to keep renewing it inspite of using my H1b status? That would be a great loss money, right?
One question though - If I apply for EAD & AP - do I have to keep renewing it inspite of using my H1b status? That would be a great loss money, right?
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nish03
03-13 01:32 PM
employment and family
Right, but employment and family are further broken into sub categories. Which group is FX (F1, F2,etc) and which one is EX(EB-1,EB-2,etc)? I see these two categories that are generally not in the visa bulletin I see on the state gov's web site:
FX 1 May 2002 1 May 2002
EX Unavailable Unavailable
thanks
Right, but employment and family are further broken into sub categories. Which group is FX (F1, F2,etc) and which one is EX(EB-1,EB-2,etc)? I see these two categories that are generally not in the visa bulletin I see on the state gov's web site:
FX 1 May 2002 1 May 2002
EX Unavailable Unavailable
thanks
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imh1b
01-21 01:37 PM
Anti immigration group targets all of the immigration. You can see numbersusa website. There are 2 reasons for the hate towards H1b and L1 program. Fraud and abuse is more in H1b. 20% was found by USCIS. Many fear it could be more. Mainly Indian bodyshopping and consulting companies are main reason. Another reason is many fear that H1b and L1 program is main reason outsourcing. Many big companies laid off US workers and did outsourcing to cut cost and they were asked to give Knowledge transfer to the onsite resources (those who are H1b or L1). Number of jobs in High skilled are very less (may be 2%) compared to low skilled in US. So they think 65k is more in percentage terms. US congress expects that H1b should be used only when no US Workers available. That is the reason there is no support at all at congress to increase H1b Cap. When they put a H1b restriction for TARP companies it was passed uniamously. So if we need EB reform just we need to disassociate or take neutral stand on H1b. They cannot remove H1b as it was with WTO.
AND WHO ARE YOU MR ANTI-IMMIGRANT?
Stop coming and posting in disguise. Don't you have anything better to do in life. Go learn some skills and find a real job. If you think your posts will do anything to us, you are mistaken. We will hate you guys more for your xenophobia
AND WHO ARE YOU MR ANTI-IMMIGRANT?
Stop coming and posting in disguise. Don't you have anything better to do in life. Go learn some skills and find a real job. If you think your posts will do anything to us, you are mistaken. We will hate you guys more for your xenophobia
storm
08-24 07:32 PM
There you go! Thanks Immigration_Law!
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mrdelhiite
07-26 07:36 AM
my 2 cents!!
if you are single and apply for 485 and get a EAD can still being ur wife from India on H4 as long as u DO NOT use EAD and DO NOT get 485 approved.
EAD to me has major benefits for the spouse. I think everyone agrees that 485 retrogression gona happen ... so if that happens u cannot get a 485 approval or add ur wife till almost close to 485 approval .. as ur PD wont be current. In this period u will never be able to use EAD as ur dependent will go out of H4 status ...
Also it is never recommended to use EAD and maintain H1 status ... so to me if you are single and have no plans as of yet to get married u will not use the interim benefits and pay EAD fee every year.
u will be in the 485 queue and if anything changes about green card u are atleast far enough to not to start ur application from beginning... also if for some reason u decide to use ur EAD the way around is ur wife to get another Visa like F1 ....
hope this helps.
if you are single and apply for 485 and get a EAD can still being ur wife from India on H4 as long as u DO NOT use EAD and DO NOT get 485 approved.
EAD to me has major benefits for the spouse. I think everyone agrees that 485 retrogression gona happen ... so if that happens u cannot get a 485 approval or add ur wife till almost close to 485 approval .. as ur PD wont be current. In this period u will never be able to use EAD as ur dependent will go out of H4 status ...
Also it is never recommended to use EAD and maintain H1 status ... so to me if you are single and have no plans as of yet to get married u will not use the interim benefits and pay EAD fee every year.
u will be in the 485 queue and if anything changes about green card u are atleast far enough to not to start ur application from beginning... also if for some reason u decide to use ur EAD the way around is ur wife to get another Visa like F1 ....
hope this helps.
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StuckInTheMuck
08-25 12:06 PM
Diptam,
I haven't yet used the SBI-NY remittance service (registered only last week), but I do not need to open account with them. Instead, I can send money home (only to an existing SBI India account) directly from my credit card, using a specific remittance form. I find this arrangement convenient, but mailing the form for each such transaction adds to delay. I find your suggestion better instead, and also probably quicker.
I haven't yet used the SBI-NY remittance service (registered only last week), but I do not need to open account with them. Instead, I can send money home (only to an existing SBI India account) directly from my credit card, using a specific remittance form. I find this arrangement convenient, but mailing the form for each such transaction adds to delay. I find your suggestion better instead, and also probably quicker.
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smisachu
07-18 04:56 PM
IV now has clout which should be immediately used for a permanent fix. Two issues which might not require laws being passed can be implemented to ease the backlog situation that will be created.
1. Recapture lost Visa numbers- A just and reasonable demand that they cannot refuse.
2. Remove per country cap- It is stupid to look for diversity in a category based on intellect. The whole category is created for improving America's brain power so a country cap does not make sense.
Which is better to say" We want 10 people with OK intellect from 10 different countries of the world" or " We want 10 absolutely brilliant people-period"
1. Recapture lost Visa numbers- A just and reasonable demand that they cannot refuse.
2. Remove per country cap- It is stupid to look for diversity in a category based on intellect. The whole category is created for improving America's brain power so a country cap does not make sense.
Which is better to say" We want 10 people with OK intellect from 10 different countries of the world" or " We want 10 absolutely brilliant people-period"
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jambapamba
07-10 10:11 PM
1. to keep a log
2. To report the number of cases worked upon
3. To keep track of the applicants as when its refiled, it should have yes for "Did you ever apply adjustment of status before". If its "No", its a lie and its rejected again.
why would they spend time in entering the data in the system if any way they going to reject it...
2. To report the number of cases worked upon
3. To keep track of the applicants as when its refiled, it should have yes for "Did you ever apply adjustment of status before". If its "No", its a lie and its rejected again.
why would they spend time in entering the data in the system if any way they going to reject it...
more...
Leo07
05-23 03:41 PM
When you call the law makers and tell them you support XYZ bill.. my question is what do you get out of it!
When the lawmaker realizes that he is getting 10000 calls from LEGAL aliens,
>who are not from his constituency,
>who can�t vote and
>who can�t contribute to his election campaign�
what is the motivation for the law maker to support the bill�
So to avoid sounding stupid and foolish and desperate when you call� a more logical approach would be to :
a) Generate a public petition form on IV website and have all the members� login and sign the forms digitally�
b) Then have IV reps.. fax them and send them to lobby groups �.
c) Lawmakers will listen to one talking head�and not worry abt 1000 calls that borders on ..�saar �support the bill saar�..
How many of you have actually talked to the lawmakers? Its always the assistant!
But instead .. someone says we have a signed petition of 25000 members effected by immigration mess �. And it�s a hi tech workers lobby group ..every lawmaker will talk to you and not the assistant!
Conclusion: calling the lawmakers haphazardly is actually hurting IV cause..to a certain extent!
:cool:
Do what you got to do and let others do what they think is right. I don't think there is one Success mantra here...because we are yet to be successful.
Honestly, I agree with you...but the underlying fact is some people get motivated for calling the senators and some for anonymous fax/email/flowers and some for rallies. There is definitely a subset who does all...but unless you are a Gandhi/MLK/JFK/Mandela....it's hard to drive people in one route.
Just a thought...
When the lawmaker realizes that he is getting 10000 calls from LEGAL aliens,
>who are not from his constituency,
>who can�t vote and
>who can�t contribute to his election campaign�
what is the motivation for the law maker to support the bill�
So to avoid sounding stupid and foolish and desperate when you call� a more logical approach would be to :
a) Generate a public petition form on IV website and have all the members� login and sign the forms digitally�
b) Then have IV reps.. fax them and send them to lobby groups �.
c) Lawmakers will listen to one talking head�and not worry abt 1000 calls that borders on ..�saar �support the bill saar�..
How many of you have actually talked to the lawmakers? Its always the assistant!
But instead .. someone says we have a signed petition of 25000 members effected by immigration mess �. And it�s a hi tech workers lobby group ..every lawmaker will talk to you and not the assistant!
Conclusion: calling the lawmakers haphazardly is actually hurting IV cause..to a certain extent!
:cool:
Do what you got to do and let others do what they think is right. I don't think there is one Success mantra here...because we are yet to be successful.
Honestly, I agree with you...but the underlying fact is some people get motivated for calling the senators and some for anonymous fax/email/flowers and some for rallies. There is definitely a subset who does all...but unless you are a Gandhi/MLK/JFK/Mandela....it's hard to drive people in one route.
Just a thought...
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trueguy
06-13 02:51 PM
If they don't want to bring more people in US then they should stop accepting New H1Bs. Every year 85K families come here on H1B and that add to this bad economy.
All people who are waiting for GC are already in US and issuing them GC doesn't affect the Labor market for US.
Thanks
Guys!!!
Had it been the year like 1999 with all the efforts from IV, I am defintely sure the CIR reforms would have passed by now.
Issue here is the economy, recession looming large on our face, unemployment level rising, and no one knows whats going to happen in the next two-three years becuase of credit crisis and oil price going above the roof. If this continues for another year, we will be in deep s***.
Thats why no will dare to increase the workforce by issuing more grren cards. Atleast we should feel happy that they havent stopped issuing the cards.
I know its painful to be waiting for years to get a GC. But you do not know how green that card will stay if the current financial crisis continues for 2-3 years.
Fact is, this country is going thru a difficult period of uncertainty. Because of election year rhetoric, no one is going to accept it. But clearly, its not in their interest to get more workforce into this country. They know we have been waiting, and will continue to wait. Look at 2002/2003/2004, when they issued only 20K visas for the entire year. So just hope that things will get bright for this country soon else, we are in for an another hell ride.
All people who are waiting for GC are already in US and issuing them GC doesn't affect the Labor market for US.
Thanks
Guys!!!
Had it been the year like 1999 with all the efforts from IV, I am defintely sure the CIR reforms would have passed by now.
Issue here is the economy, recession looming large on our face, unemployment level rising, and no one knows whats going to happen in the next two-three years becuase of credit crisis and oil price going above the roof. If this continues for another year, we will be in deep s***.
Thats why no will dare to increase the workforce by issuing more grren cards. Atleast we should feel happy that they havent stopped issuing the cards.
I know its painful to be waiting for years to get a GC. But you do not know how green that card will stay if the current financial crisis continues for 2-3 years.
Fact is, this country is going thru a difficult period of uncertainty. Because of election year rhetoric, no one is going to accept it. But clearly, its not in their interest to get more workforce into this country. They know we have been waiting, and will continue to wait. Look at 2002/2003/2004, when they issued only 20K visas for the entire year. So just hope that things will get bright for this country soon else, we are in for an another hell ride.
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peer123
06-13 06:29 PM
I am getting married in Jan 2008. can i go ahead and apply now? How to include the wife? will that be a problem.
you mean your future wife... :)....
you mean your future wife... :)....
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jamesbond007
10-08 03:40 PM
The approval notices of the H1B renewals and transfers that I got in the past, the I94 at the bottom had the same number as the one that was given at the port of entry while returning from the last abroad trip made prior to the renewal/transfer.
But in my case, the old I94 had the H1B written on it, as opposed to "parolee" as is your case. So I am interested to also know how your approval turns out.
I haven't received the physical H1B approval notice from my attorney yet so I don't know what's the I-94 # on that one although I doubt it will be the same. AFAIK each I-94 number is unique and different. Anyway, I don't think I-94 number itself matters any, just the fact that you have valid, not expired I-94 is sufficient.
I did not fill the forms for the transfer myself (the attorney did) so I don't know for a fact what he entered in "last manner of entry" but I'm 99.99% sure they must have said "Paroled" as they asked for my I-94 that had "paroled" stamp on it to attach with the petition.
Finally, I did not get any RFE.
But in my case, the old I94 had the H1B written on it, as opposed to "parolee" as is your case. So I am interested to also know how your approval turns out.
I haven't received the physical H1B approval notice from my attorney yet so I don't know what's the I-94 # on that one although I doubt it will be the same. AFAIK each I-94 number is unique and different. Anyway, I don't think I-94 number itself matters any, just the fact that you have valid, not expired I-94 is sufficient.
I did not fill the forms for the transfer myself (the attorney did) so I don't know for a fact what he entered in "last manner of entry" but I'm 99.99% sure they must have said "Paroled" as they asked for my I-94 that had "paroled" stamp on it to attach with the petition.
Finally, I did not get any RFE.
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vikki76
10-30 06:44 PM
It wouldn't hurt to verify which 140 is getting picked up. I got paranoid because when I contacted USCIS through service request, POJ and ncsc follow up email in September, I came to know that my application is awaiting visa number when clearly dates for my PD were current since Sept 01. Then I tried calling USCIS repeatedly until I got confirmation that both 140 were indeed in place.
After I initiated these requests, my app moved from "awaiting visa number" to " assigned to supervisor" after October 1st. In fact, on Oct 6th,there was LUD on 485 and on Oct 28th, a Hard LUD on my approved 140.
InfoPass won't help much. Usually they just brush people off saying that wait till your PD is current but IO's on phone give more information.
After I initiated these requests, my app moved from "awaiting visa number" to " assigned to supervisor" after October 1st. In fact, on Oct 6th,there was LUD on 485 and on Oct 28th, a Hard LUD on my approved 140.
InfoPass won't help much. Usually they just brush people off saying that wait till your PD is current but IO's on phone give more information.
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lvinaykumar
07-14 04:19 AM
http://digg.com/politics/The_Gandhi_Protests
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Thanks for you support
come on guys we have only 14 diggs till now. We are a group of 10000 ppl strong and digg is a quite popular website. Couple of hundred diggs we will get to the main page....
Thanks for you support
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desi485
02-18 02:28 PM
I recently went to South Korea and entered the US on the AP since I didn't feel that I had enough time to wait for my H-1B stamped in my passport at the US emabassy in Seoul. Before leaving the US, I consulted with my attorney on this issue and she assured me that my H-1B is valid as long as I file the extension and maintain terms of the H-1B visa.
This is her opinion in quotes:
"I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."
I hope this helps.
greenlight: Thank you indeed to share such useful information with rest of us.
As your lawyer used the words "change of employer petition", it seems that one can use AP to travel and still after coming back he/she can file for either extension, amendment or transfer. This answers the main concern that I started this thread for.
Also, on other threads I read that its possible to file H1 amendement even if your H1 is still valid. This is one way to come back to H1 status and get a New I-94 card.
Some one also mentioned that if you have a valid I-797 extenstion approval notice and if you show that at POE to IO, he/she may issue an I-94 till expiry of I-797 (3 years) instead of AP (1 year).
I would appreciate input from others who have some knowledge or experience of above situations.
This is her opinion in quotes:
"I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."
I hope this helps.
greenlight: Thank you indeed to share such useful information with rest of us.
As your lawyer used the words "change of employer petition", it seems that one can use AP to travel and still after coming back he/she can file for either extension, amendment or transfer. This answers the main concern that I started this thread for.
Also, on other threads I read that its possible to file H1 amendement even if your H1 is still valid. This is one way to come back to H1 status and get a New I-94 card.
Some one also mentioned that if you have a valid I-797 extenstion approval notice and if you show that at POE to IO, he/she may issue an I-94 till expiry of I-797 (3 years) instead of AP (1 year).
I would appreciate input from others who have some knowledge or experience of above situations.
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misanthrope
10-02 11:33 PM
Again, I would like to reiterate that I DO NOT consider an EB-3 candidate inferior just because he/she belongs to a catergory with a lower priority.
But, if you agreed to file in that category then you probably made a compromise and it is not wrong. Everyone is a victim of circumstances at one point or the other in their lives.
But, if you agreed to file in that category then you probably made a compromise and it is not wrong. Everyone is a victim of circumstances at one point or the other in their lives.
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msp1976
02-07 01:12 PM
Thank you for your elaboration.
How do you know that all the unused visas go to EB3 before go to EB2?
That is the way the USCIS is interpreting the laws and actually doing it that way...There are two different caps applied to you....The EB2 cap of wharever numbers available and the country cap of 7% for all of china EB+FB combined together.......It is true that there are more EB2 numbers available...But as the country quota for CHINA/India is over they are flowing to EB3 ROW instead of flowing horizontally to EB2 china....There is a big discussion about how this flow occurs and if it is fair or not...The title of that thread is 'Unused visas' Reading that would be helpful to you...
Even if the immigration reform happens, will it take effect next year or sometime later?
Frankly donot know....Last year when they passed 2611 they had put conditions in it to delay the implementation..They can put delay again...That is possible....
How come my PD can become current immediately once the immigration reform happens?
The total number of visa available would increase with the immigration reform...There would be enough unused so that you would get some...
thanks1
How do you know that all the unused visas go to EB3 before go to EB2?
That is the way the USCIS is interpreting the laws and actually doing it that way...There are two different caps applied to you....The EB2 cap of wharever numbers available and the country cap of 7% for all of china EB+FB combined together.......It is true that there are more EB2 numbers available...But as the country quota for CHINA/India is over they are flowing to EB3 ROW instead of flowing horizontally to EB2 china....There is a big discussion about how this flow occurs and if it is fair or not...The title of that thread is 'Unused visas' Reading that would be helpful to you...
Even if the immigration reform happens, will it take effect next year or sometime later?
Frankly donot know....Last year when they passed 2611 they had put conditions in it to delay the implementation..They can put delay again...That is possible....
How come my PD can become current immediately once the immigration reform happens?
The total number of visa available would increase with the immigration reform...There would be enough unused so that you would get some...
thanks1
JS2225
09-02 05:16 PM
Thanks.
I have another question:
If the PERM was filed in a different state should the person move to that state after GC approval? This is under the assumption that the person continues to work for the sponsor company.
I have another question:
If the PERM was filed in a different state should the person move to that state after GC approval? This is under the assumption that the person continues to work for the sponsor company.
chanduv23
02-05 04:11 PM
You can keep changing employers once your I-140 is approved. You need to restart ur GC process but you can keep ur PD (if not revoked) and get a 3 year extension immediately based on the Approved I-140.
Sure it's not the best case scenario, but atleast you CAN do it. But for most married folk their spouses on H4 CANNOT work without EADs or waiting a year till the H1 quota opens. Even with the quota opening unless your spouse is into business or IT it is VERY tough to get an H1 for the spouse.
Letting h4s work in "non specific-skilled jobs" may actually work against us because they will be in direct competition with local people in those jobs and anti immigrant will be against it. I guess porting to h1 from h4 can be a good option and a feasable option.
Sure it's not the best case scenario, but atleast you CAN do it. But for most married folk their spouses on H4 CANNOT work without EADs or waiting a year till the H1 quota opens. Even with the quota opening unless your spouse is into business or IT it is VERY tough to get an H1 for the spouse.
Letting h4s work in "non specific-skilled jobs" may actually work against us because they will be in direct competition with local people in those jobs and anti immigrant will be against it. I guess porting to h1 from h4 can be a good option and a feasable option.
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