razzy77
05-09 12:50 PM
My understanding was that once the i-140 is approved then one can change employers. Some kind of portability??!! I dont think u need to start a new once the i-140 is appoved but you can find an employer with SIMILAR job position.
Well in my case the i-140 is still pending.... and i dont have my employer anymore.
Well in my case the i-140 is still pending.... and i dont have my employer anymore.
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Michael chertoff
03-28 08:36 PM
Also stop siding with this MC guy as he seems to be no good.
I told you smart ass. there is no point in fighting here and insulting anyone. just give your informatiion, i can contact you and willing to tell you how good or bad I am.
Now just relax.
MC
I told you smart ass. there is no point in fighting here and insulting anyone. just give your informatiion, i can contact you and willing to tell you how good or bad I am.
Now just relax.
MC
days_go_by
03-08 05:09 PM
based on country of origin, why even aus? is it because their spouses are more productive than our spouses? or is it because most aus are white,
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gapala
03-20 10:16 PM
gapala -
You are mixing apples and oranges.
Visa Portability (as per AC-21) allows one to start employment after filing for H-1B petition, before H-1B petition os approved. only if he already has a approved H1b from other sponsor
H-1B Transfer does not invalidate current employment status (if on H-1B status) and beneficiary can continue working for original Employer A based on that I-797 validity dates. (status remains same due to transfer... but the question is whether some one can work for a non sponsor? My take is NO.)
OP needs to explain to USCIS that he never switched jobs on new H-1B approval and continued job on the basis of original I-797 dates. He was not out of status.
_______________________
Not a legal advice.
US citizen of Indian origin
see in red.
Desi, with due respect, I have to clarify this, I am not talking about H1B status here I am talking about "unauthorized work" part upon change of sponsor.
You are mixing apples and oranges.
Visa Portability (as per AC-21) allows one to start employment after filing for H-1B petition, before H-1B petition os approved. only if he already has a approved H1b from other sponsor
H-1B Transfer does not invalidate current employment status (if on H-1B status) and beneficiary can continue working for original Employer A based on that I-797 validity dates. (status remains same due to transfer... but the question is whether some one can work for a non sponsor? My take is NO.)
OP needs to explain to USCIS that he never switched jobs on new H-1B approval and continued job on the basis of original I-797 dates. He was not out of status.
_______________________
Not a legal advice.
US citizen of Indian origin
see in red.
Desi, with due respect, I have to clarify this, I am not talking about H1B status here I am talking about "unauthorized work" part upon change of sponsor.
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walking_dude
10-19 01:43 PM
I will PM you. ( updated: PMed you)
WD... please let me know if you got a chance to discuss a non profit situation to the recreation center? maybe we can get a room big enough for 20-25 people.... if not, fine.... we can use the chairs and tables for now... there is plenty of those for community meetings...
WD... please let me know if you got a chance to discuss a non profit situation to the recreation center? maybe we can get a room big enough for 20-25 people.... if not, fine.... we can use the chairs and tables for now... there is plenty of those for community meetings...
Almond
07-05 10:53 AM
This is pathetic and hysterical at the same time. I cannot believe this. :D
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chanduv23
09-07 07:19 AM
To all those fence sitters - this is the time to make up your mind.
LETS LOOK AT IT THIS WAY.
Coming to the rally means - YOU WILL MEET YOUR IV FRIENDS - THOSE WHO HAVE DONE SELFLESS HELP AND SACRIFICES TO HELP YOU IN YOUR SITUATION UNLIKE YOUR EXISTING FRIENDS WHO ONLY SHARED YOUR SUCCESSES AND NOT TURN UP IN TIME OF NEED.
ISN'T IT EXCITING?????
SEE YOU ALL THERE ON 18TH.
LETS LOOK AT IT THIS WAY.
Coming to the rally means - YOU WILL MEET YOUR IV FRIENDS - THOSE WHO HAVE DONE SELFLESS HELP AND SACRIFICES TO HELP YOU IN YOUR SITUATION UNLIKE YOUR EXISTING FRIENDS WHO ONLY SHARED YOUR SUCCESSES AND NOT TURN UP IN TIME OF NEED.
ISN'T IT EXCITING?????
SEE YOU ALL THERE ON 18TH.
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akred
03-24 06:49 PM
Honestly speaking; if the laws were followed the way they were meant to be; it would be extremely, extremely difficult to get h-1b; labor processing and 140's approved.
Right now USCIS, DOL and consulates are really after people. Be careful what you wish for; there are a lot of things under the carpet.
There is a logical fallacy here. What you are saying is:
Suppose country quotas exist to limit abuse
There are country quotas
Therefore abuse is limited
The very fact that you are complaining about abuse in the system disproves your proposition.
Right now USCIS, DOL and consulates are really after people. Be careful what you wish for; there are a lot of things under the carpet.
There is a logical fallacy here. What you are saying is:
Suppose country quotas exist to limit abuse
There are country quotas
Therefore abuse is limited
The very fact that you are complaining about abuse in the system disproves your proposition.
more...
a_yaja
06-26 02:27 PM
Nope. Need 60 votes to do anything in Senate and that is why even though the Dems have a so called majority then cant get anything done.
However, you need 60 votes to end a fillibuster. A fillibuster is the method used by senators to stall a bill. They will force debate to continue indefinitely. To overcome the forced debate, you need 60 votes (which is what the cloture motion is).
To pass the bill, only 51 votes are needed. If there is a tie (50-50 or 49-49 or any valid combination), the the Vice President casts his vote to break the tie (and we all know on which side the VP is on)
However, you need 60 votes to end a fillibuster. A fillibuster is the method used by senators to stall a bill. They will force debate to continue indefinitely. To overcome the forced debate, you need 60 votes (which is what the cloture motion is).
To pass the bill, only 51 votes are needed. If there is a tie (50-50 or 49-49 or any valid combination), the the Vice President casts his vote to break the tie (and we all know on which side the VP is on)
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nlssubbu
10-01 12:18 PM
No, it isn't NC and NC alone. The percentage of people that get stuck in NC is minuscule compared to the back log due to inefficiencies.
You can believe what you like, you can chose to in 1 breath quote from the Ombudsman report and then in the next, ignore what it states.
The fact remains, the USCIS is very far from effcient
I totally agree that USCIS is inefficient in using all the visas allocated. DOS provides cut-off dates based on the projection given by USCIS. USCIS always on the defensive and provide the cut-off dates that results in such waste in EB visas every year. I do not think that they are ready to learn from their mistakes, otherwise how come this is a regular issue every year? Even a small relief like using the entire visa allocated will be better in such retrogression.
I hope USCIS will be made liable for the mistakes done in their past and provide those unused visas back to EB.
Thanks
You can believe what you like, you can chose to in 1 breath quote from the Ombudsman report and then in the next, ignore what it states.
The fact remains, the USCIS is very far from effcient
I totally agree that USCIS is inefficient in using all the visas allocated. DOS provides cut-off dates based on the projection given by USCIS. USCIS always on the defensive and provide the cut-off dates that results in such waste in EB visas every year. I do not think that they are ready to learn from their mistakes, otherwise how come this is a regular issue every year? Even a small relief like using the entire visa allocated will be better in such retrogression.
I hope USCIS will be made liable for the mistakes done in their past and provide those unused visas back to EB.
Thanks
more...
sapota
09-27 11:54 AM
I probablly know the answer to my own question, but would like to know other opinions. My lawyere tells me this. Since the dates were current when I filed for my I485 in July, the application will be processed regardless of what the dates are right now. Another words, he thinks that even though the dates are showing as 2002, my application will be processed since when we filed, they were current.
is this true. If so, then provided I pass background check in time, i should expect my GC in a year or so. but if I have to wait until 2002 Row becomes current, in my case 2005.. then I am majorlly scrwed...
thaughts.
Your application will be processed until the stage where a visa number is needed to adjudicate your case. Since EB3 (am assuming here) ROW is not current. Your app will wait until visa numbers for your category becomes current. In other words, your last sentence may be true. But not if you become vocal about your plight and fight for it through activism (i.e by supporting Immigration Voice).
is this true. If so, then provided I pass background check in time, i should expect my GC in a year or so. but if I have to wait until 2002 Row becomes current, in my case 2005.. then I am majorlly scrwed...
thaughts.
Your application will be processed until the stage where a visa number is needed to adjudicate your case. Since EB3 (am assuming here) ROW is not current. Your app will wait until visa numbers for your category becomes current. In other words, your last sentence may be true. But not if you become vocal about your plight and fight for it through activism (i.e by supporting Immigration Voice).
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SmSm
12-01 10:11 AM
GC Seeker 2002 I know how if feels to be in status quo for 9-10 years. I will complete my 9 years at the end of this month.
I want to share the fact that if we channel our negative energy into something positive it helps relieve stress and at the end of the day you earn and learn something.
It does not have to be studies, for me it is studies and golf. In fact I have gotten to be good at golf too. And one of my dreams is to play on PGA tour. Well why not!!! Some of the greatest inventions have been in serendipity. Microwave, correll ware etc. You may find something too. Take Azim Premji's example. Think of of it as some greater force that is directing you to see something in front of you and is phenomenal.
Also remember that you find the lost objects only when you are not looking for them!!
I want to share the fact that if we channel our negative energy into something positive it helps relieve stress and at the end of the day you earn and learn something.
It does not have to be studies, for me it is studies and golf. In fact I have gotten to be good at golf too. And one of my dreams is to play on PGA tour. Well why not!!! Some of the greatest inventions have been in serendipity. Microwave, correll ware etc. You may find something too. Take Azim Premji's example. Think of of it as some greater force that is directing you to see something in front of you and is phenomenal.
Also remember that you find the lost objects only when you are not looking for them!!
more...
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Murthy
01-26 04:17 PM
I tried last year for my daughter.They will not issue SSN for child Alliens.I have argued showing 20 C.F.R. � 422.104(a)(3).There is no use.I got for my wife only with EAD.
In the SSN application, it says
If you check "Legal Alien Not Allowed to Work," you must provide a document from a U.S.
Federal, State, or local government agency that explains why you need a Social Security number and that you meet all of the requirements for the U.S. government benefit. [B][B]NOTE: Not all U.S.State or local benefits are acceptable for non-work SSN purposes. Contact SSA to see if your reason qualifies.
If you check "Other," you must provide a document from the U.S. government agency that explains why you need a Social Security number and that you meet all of the requirements for a Federal benefit except for the number.
I have shown stimulus payment document that says you must have SSN for getting stimulus payment.They didnot accept. Gov want to avoid H4s.purposefully they added SSN requirement.
One of friend told they give SSN provided child has some state ID card.But state ID cannot be issued untill 16 years age for PA state.If some one got SSN without EAD for H4 kindly post here it is very useful for H4s.
thanks
murthy
In the SSN application, it says
If you check "Legal Alien Not Allowed to Work," you must provide a document from a U.S.
Federal, State, or local government agency that explains why you need a Social Security number and that you meet all of the requirements for the U.S. government benefit. [B][B]NOTE: Not all U.S.State or local benefits are acceptable for non-work SSN purposes. Contact SSA to see if your reason qualifies.
If you check "Other," you must provide a document from the U.S. government agency that explains why you need a Social Security number and that you meet all of the requirements for a Federal benefit except for the number.
I have shown stimulus payment document that says you must have SSN for getting stimulus payment.They didnot accept. Gov want to avoid H4s.purposefully they added SSN requirement.
One of friend told they give SSN provided child has some state ID card.But state ID cannot be issued untill 16 years age for PA state.If some one got SSN without EAD for H4 kindly post here it is very useful for H4s.
thanks
murthy
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rsdang
06-23 05:26 PM
Just got off the phone. The Lady said she is getting hundreds of these calls. She also said the Rep smith had not made his position public. She asked if I was part of the same group that has been calling. I said yes but I am calling on behalf of all the legal immigrants who would like to see a better streamlined process so that thousands of tax payers in US can breath a sigh.
lets keep the calls coming.
lets keep the calls coming.
more...
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stucklabor
03-17 07:26 PM
Piyushpan, I see this provision as:
1. If you have an advanced degree from the US after the bill is passed
2. If you are smart enough for EB1 self-sponsorship OR can find an employer to sponsor you as Eb1 or Eb2
3. Either way, you need to go through I140.
4. Then you can file for Adjustment of Status, either concurrently, or after the 140.
I am not sure if you will still be subject to the numerical quota, or if you have to go through labor cert..
I think the intent of the provision is that this category of people not be subject to labor certification, but there is no language in the bill that says that.
Hi,
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
1. If you have an advanced degree from the US after the bill is passed
2. If you are smart enough for EB1 self-sponsorship OR can find an employer to sponsor you as Eb1 or Eb2
3. Either way, you need to go through I140.
4. Then you can file for Adjustment of Status, either concurrently, or after the 140.
I am not sure if you will still be subject to the numerical quota, or if you have to go through labor cert..
I think the intent of the provision is that this category of people not be subject to labor certification, but there is no language in the bill that says that.
Hi,
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
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pitha
06-26 11:26 AM
I was never able to figure out why this senthil visits this site. He will be at home on numbersusa or any anti eb websites. I think he comes here to torture us. The bottomline in his posts seems to be all eb immigrants should drop dead and that will be the solution to all problems. Please senthil why dont you go elsewhere, for once after a long long wait people are a bit happy because of 485 filing please dont spoil it with your anti-eb and anti h1b rhetoric.
Hello mmandal,
Many of us who visit IV forums everyday know that snethil1 is an idiot. I would highly recommend more people to add him to your ignore list, just as I did. I read his post because you quoted him in your post. Otherwise his posts do not even show up on my screen. He and his posts are inconsequential if you add him to your ignore list.
Hope this helps.
Thanks,
This guy's a congenital pessimist.
Companies were vague on numbers. So how could they satisfy Senators. I knew only a few companies gave detail about open positions including Microsoft, Intel and oracle. How you can impress Senate or house? But anti immigrants gave all the layoff numbers, h1b numbers used and details of abuses happened for past few years. It is not just money power will win. With facts and numbers if you have money power then you can win. That is reason for past 3 years H1b numbers or GC numbers were not increased inspite of heavy lobbying.
Hello mmandal,
Many of us who visit IV forums everyday know that snethil1 is an idiot. I would highly recommend more people to add him to your ignore list, just as I did. I read his post because you quoted him in your post. Otherwise his posts do not even show up on my screen. He and his posts are inconsequential if you add him to your ignore list.
Hope this helps.
Thanks,
This guy's a congenital pessimist.
Companies were vague on numbers. So how could they satisfy Senators. I knew only a few companies gave detail about open positions including Microsoft, Intel and oracle. How you can impress Senate or house? But anti immigrants gave all the layoff numbers, h1b numbers used and details of abuses happened for past few years. It is not just money power will win. With facts and numbers if you have money power then you can win. That is reason for past 3 years H1b numbers or GC numbers were not increased inspite of heavy lobbying.
more...
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shyamkishore
05-17 04:32 PM
Done
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sanju_dba
06-11 01:51 PM
Hi,
This is one of my friends case: Please guide him....
"My wife's employer filed for her GC during 2007 August rush for all of us. Her case is in EB3 with Feb 2005 PD. My labor is approved and filed for I-140 about a year ago and still hasn't been approved. Now, my PD is current based on yesterday's Visa Bulletin. Can I file another I-485 for me with a pending I-485 thru my wife's employer?"
Thanks in advance....
I think you cannot.
some where in these forums you can dig more...
PD Porting is applicable for the primary applicant but not to the derivative ( ie you ).
Please double check with your attorney, I wish i am wrong!
This is one of my friends case: Please guide him....
"My wife's employer filed for her GC during 2007 August rush for all of us. Her case is in EB3 with Feb 2005 PD. My labor is approved and filed for I-140 about a year ago and still hasn't been approved. Now, my PD is current based on yesterday's Visa Bulletin. Can I file another I-485 for me with a pending I-485 thru my wife's employer?"
Thanks in advance....
I think you cannot.
some where in these forums you can dig more...
PD Porting is applicable for the primary applicant but not to the derivative ( ie you ).
Please double check with your attorney, I wish i am wrong!
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Jaime
09-05 03:35 PM
Take the poll! What will it take to get you to attend the rally?
svam77
07-19 09:21 PM
Please read secion 10:5 - b:5
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
logiclife
12-01 11:19 AM
No doubt if you have the time, money and opportunity and if you plan to do your masters or your second masters at some point in future, then right now is the time to do it while you are waiting for your GC.
However, you have to be luck to be able to do that as a way to spend the retrogression years constructively.
1. You should have the money to study and maintain yourself/family.
2. Need to have school of decent choice where you live.
3. Need to have a job at same location. Consultants cant have that as they move around from one project to another. You cant change colleges and transfer credits every 6 months as you move from one project to another. Same goes for consultants who are travelling all the time. They cannot do this unless to quit and go fulltime, in which case, the spouse would have to start working to pay the bills and put food on the table.
And what about people who DONT want to do MBA/MS and just want to change employers?
So while a good option, it applies to very few people. If you are one of those few guys, then by all means, go for it.
However, you have to be luck to be able to do that as a way to spend the retrogression years constructively.
1. You should have the money to study and maintain yourself/family.
2. Need to have school of decent choice where you live.
3. Need to have a job at same location. Consultants cant have that as they move around from one project to another. You cant change colleges and transfer credits every 6 months as you move from one project to another. Same goes for consultants who are travelling all the time. They cannot do this unless to quit and go fulltime, in which case, the spouse would have to start working to pay the bills and put food on the table.
And what about people who DONT want to do MBA/MS and just want to change employers?
So while a good option, it applies to very few people. If you are one of those few guys, then by all means, go for it.
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