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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desi3933
01-28 04:17 PM
.....
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
I disagree with you. Last many H1-B petitions have denied on these grounds. Memo just made the current interpretation as public knowledge. Read the denial cases by and you will see what I am taking about.
It seems that AILA is making noise since this memo is going to hurt the business of their members.
....The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Technically the lawyer is correct. However, it is very difficult to show actual duties and job period for the beneficiary (H-1B worker) without the end-user client letter.
Example: [from the pdf file]
... The director declined to find that the proffered position was a specialty occupation because, as an employment contractor, the petitioner was in the business of contracting its employees to client sites and the record did not contain any evidence regarding the type of duties that the beneficiary would perform for these various clients. The director concluded that, without evidence regarding what duties the beneficiary would actually perform for the clients, the proffered position could not be classified as a specialty occupation.
............ for the purpose of determining whether a proffered position is a specialty occupation, the petitioner acting as an employment contractor is merely a "token employer," while the entity for which the services are to be performed is the "more relevant employer."
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf
PS: The term token employer has been used.
_________________
Not a legal advice.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
I disagree with you. Last many H1-B petitions have denied on these grounds. Memo just made the current interpretation as public knowledge. Read the denial cases by and you will see what I am taking about.
It seems that AILA is making noise since this memo is going to hurt the business of their members.
....The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Technically the lawyer is correct. However, it is very difficult to show actual duties and job period for the beneficiary (H-1B worker) without the end-user client letter.
Example: [from the pdf file]
... The director declined to find that the proffered position was a specialty occupation because, as an employment contractor, the petitioner was in the business of contracting its employees to client sites and the record did not contain any evidence regarding the type of duties that the beneficiary would perform for these various clients. The director concluded that, without evidence regarding what duties the beneficiary would actually perform for the clients, the proffered position could not be classified as a specialty occupation.
............ for the purpose of determining whether a proffered position is a specialty occupation, the petitioner acting as an employment contractor is merely a "token employer," while the entity for which the services are to be performed is the "more relevant employer."
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf
PS: The term token employer has been used.
_________________
Not a legal advice.
shreekarthik
01-31 12:24 PM
1. As for as I can see the 45-day rule comes in to force only after the rule is published in federal register. So all LCs approved after this publication will have 45days of life and has to be used by the original applicant. It's still a grey area as to how LCs approved before the rule publication will be affected. From immigration-law.com, my understanding is that all the LCs approved before this publication will have 45 days from the date of publication and if the I140 is not filed by then they'll expire. So all LCs approved so far will have 45days from the date of publication. Now to Labor sub.
2. Substitution of labor can be done by 2 methods
a. by amending the existing labor certification before approval
b. by substituting after approval.
3. When u do either 2.a or 2.b DoL stamps a substitution approved stamp on the LC.
4. If you are doing a labor sub and u fail to get this stamp before the rules goes in to effect then ur lab sub will be automatically rejected.
5. If your labor sub is approved before the rule is published in the federal registrar then u go ahead and file I140.
2. Substitution of labor can be done by 2 methods
a. by amending the existing labor certification before approval
b. by substituting after approval.
3. When u do either 2.a or 2.b DoL stamps a substitution approved stamp on the LC.
4. If you are doing a labor sub and u fail to get this stamp before the rules goes in to effect then ur lab sub will be automatically rejected.
5. If your labor sub is approved before the rule is published in the federal registrar then u go ahead and file I140.
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bibin_kirkland
12-28 04:09 AM
Hi, Me and my wife had our H1B extension interview at Chennai on dec 18th morning. My wife got her passport after 2 days however mine is getting delayed I am getting really anxious since my return flight is on Jan 5th.
Regards,
Bibin
Regards,
Bibin
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Sideliner
07-16 10:44 AM
Please stop the spread of incorrect information, designed to create hatred on high skilled immigrants.
psgprasad
07-19 03:39 PM
Was a recurring contributor. $50 per months nearly contributed $600/-
Stopped contributing when the CIR 2007 failed, lost hope in the system, I am sorry for that.
Now after seeing the efforts of the member in the flower campaign and sanjose rally, I am getting my confidence back and started my subscription again for $50 per month.
Will do additional contributions.
No single person needs to spend $64000/- for the community, which are supposed to have a decent earning and educated.
Everyone legal immigrant now has some debt to pay to Aman and IV.
Please help yourself by making a little contributions, if we 15,000 active members and everyone is contributing $10 per month, it will be 150,000 dollors, which is a good amount for lobbying. I am sure everyone can afford this amount monthly.
Start contributing, and let us make our dream realized.
Stopped contributing when the CIR 2007 failed, lost hope in the system, I am sorry for that.
Now after seeing the efforts of the member in the flower campaign and sanjose rally, I am getting my confidence back and started my subscription again for $50 per month.
Will do additional contributions.
No single person needs to spend $64000/- for the community, which are supposed to have a decent earning and educated.
Everyone legal immigrant now has some debt to pay to Aman and IV.
Please help yourself by making a little contributions, if we 15,000 active members and everyone is contributing $10 per month, it will be 150,000 dollors, which is a good amount for lobbying. I am sure everyone can afford this amount monthly.
Start contributing, and let us make our dream realized.
more...
aristotle
02-09 05:10 PM
Does your old company withdraw I140? If the answer is No, then you should move.
My priority date is Jan 04 EB2 and I have a very good job offer. I am in dilemma whether to change the job or just wait for the PD to become current. I have recently got my H1 approval for 3 more year on the basis for 140 approval.
My priority date is Jan 04 EB2 and I have a very good job offer. I am in dilemma whether to change the job or just wait for the PD to become current. I have recently got my H1 approval for 3 more year on the basis for 140 approval.
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desi485
02-13 05:03 PM
Suppose you work for Company A on H-1B. You get out of the U.S. and come back with AP. You become parolee at that time. File an H-1B extension with Employer A, get new I-94 that indicates your status is now H-1B.
6 months later, you get another job with Employer B. Since you already are on H-1B with Company A, you should be able to transfer your H-1B to Company B.
mhtanim, appreciate your input. Though this sounds logical, I was wondering if there is any link to CIS memo or any other resource to check this? Even our company lawyer is not sure on this.
6 months later, you get another job with Employer B. Since you already are on H-1B with Company A, you should be able to transfer your H-1B to Company B.
mhtanim, appreciate your input. Though this sounds logical, I was wondering if there is any link to CIS memo or any other resource to check this? Even our company lawyer is not sure on this.
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rkg000
04-20 07:51 PM
Let me try.. I'll do better than that and invert the 6 and make it 9.. now happy? :)
I was just kidding on that. I would be more than Happy to see an EB3-I get GC before me with just even a day ahead of me. They are equally deserving.
I was just kidding on that. I would be more than Happy to see an EB3-I get GC before me with just even a day ahead of me. They are equally deserving.
hair What is the symbolic relevance
glus
07-11 07:46 AM
If they have to log this information then they may encash the cheque for this work. :eek: :eek:
USCIS can't cash the checks. A check submitted with AnY application can only be cashed if and when the agency decides that the application can be accepted and processed(initial processing.)
G
USCIS can't cash the checks. A check submitted with AnY application can only be cashed if and when the agency decides that the application can be accepted and processed(initial processing.)
G
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rb_248
07-20 10:22 AM
I would think IT experience is the same anywhere so taking it to canada should be ok? If not there are plenty of other management jobs there. It might be a new start but in a one year timespan you will be well established.
Is it just my wishful thinking?
As for masters, are you persuing MBA? How about PMP?
What is PMP?
Is it just my wishful thinking?
As for masters, are you persuing MBA? How about PMP?
What is PMP?
hot Re: Fleur de lis on the dollar
santb1975
12-02 10:53 PM
We will add this to our Holiday contribution thread
As some one suggested ads are good source, I think the local state chapters should encourage members to donate/ join for recrurring contributions.
I just contributed $300. I will sign up for recurring ...
Google Order #448925927215726
Sunil
PD: Eb2 - 05
Contributions so far: $500
Member of North California Chapter
As some one suggested ads are good source, I think the local state chapters should encourage members to donate/ join for recrurring contributions.
I just contributed $300. I will sign up for recurring ...
Google Order #448925927215726
Sunil
PD: Eb2 - 05
Contributions so far: $500
Member of North California Chapter
more...
house One Dollar Inspiration2 One
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jayram123
07-18 11:23 AM
Let's pick up where we left off before this July 2 visa bulletin debacle (and the resulting struggle). Though the whole fiasco did get us our first taste of success, imho, and as such isn't insignificant by any measure.
Jazz
Let us do that. Please!! We can't stop now. We need to fight to fix the broken system. Let's get ideas on what all we would like and suggest to core. I am sure they know already but it helps to know what everyone else is thinking, right?
1) I would like to get opinion from CORE if we need to support the SKIL bill that is being re-introduced by Senator John Cornyn
2) Need to have a way to re-capture visa numbers
What are the other things that we would like
Jazz
Let us do that. Please!! We can't stop now. We need to fight to fix the broken system. Let's get ideas on what all we would like and suggest to core. I am sure they know already but it helps to know what everyone else is thinking, right?
1) I would like to get opinion from CORE if we need to support the SKIL bill that is being re-introduced by Senator John Cornyn
2) Need to have a way to re-capture visa numbers
What are the other things that we would like
tattoo Secret Symbolism
rimzhim
02-05 04:21 PM
Krishna we are focussed on the main goal, Unfortunately we have yet to see any headway and may not see any this year either coz of the million other problems. Hence my suggestion of alternate strategies. Like I said, just a suggestion.
yes but your spouse is ALLOWED to apply for a separate H1B. so i don't see why you are making an issue out of this. no human right activist will buy this argument.
yes but your spouse is ALLOWED to apply for a separate H1B. so i don't see why you are making an issue out of this. no human right activist will buy this argument.
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pictures Investors
kbsyed61
04-28 12:38 PM
Since we submitted the RFE response, there has been LUDs on daily basis since April 23.
LUDs on , 4/23, 4/24, 4/27, 4/28.
Anything to worry?
LUDs on , 4/23, 4/24, 4/27, 4/28.
Anything to worry?
dresses Us dollar bill, thebehind the
Macaca
02-06 10:57 AM
So public schools Elem/Middle/High , still have to go thru nornal H1B process for teachers, have to wait for OCT1, start date.
I got my H1B from a University starting Aug. As far as I understand, there is no H1B quota for non-profit. I also have a US degree. There is a separate H1B quota for US educated.
I don't know where I was plugged in. I don't remember any details.
I got my H1B from a University starting Aug. As far as I understand, there is no H1B quota for non-profit. I also have a US degree. There is a separate H1B quota for US educated.
I don't know where I was plugged in. I don't remember any details.
more...
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americandesi
08-22 03:02 PM
Most immigrants apply for citizenship in developed countries for the sheer luxury of visa free travel to most countries and to bring their spouse/families closer to them without any immigration hassles. It has got nothing to do with renouncing all the ties with their home countries.
I know a friend who recently became a Canadian citizen and he said that he was murmuring a Hindi film song when the Canadian national anthem was played during the oath ceremony. The only reason he immigrated to Canada was to get a Canadian passport so that he can work in US and travel around the world without visa hassles.
I also have a friend who�s a US citizen and he was able to get his newly wed wife into US in 3 months. He visits India regularly to take care of his property investments, watches cricket/desi movies, loves eating food at the road side eateries and by all means he�s still an Indian at heart.
Citizenship is like getting an unlimited credit our existing credit card (GC). The more the limit the more flexibility we get. So let�s avoid bringing patriotic fervor into such posts.
I know a friend who recently became a Canadian citizen and he said that he was murmuring a Hindi film song when the Canadian national anthem was played during the oath ceremony. The only reason he immigrated to Canada was to get a Canadian passport so that he can work in US and travel around the world without visa hassles.
I also have a friend who�s a US citizen and he was able to get his newly wed wife into US in 3 months. He visits India regularly to take care of his property investments, watches cricket/desi movies, loves eating food at the road side eateries and by all means he�s still an Indian at heart.
Citizenship is like getting an unlimited credit our existing credit card (GC). The more the limit the more flexibility we get. So let�s avoid bringing patriotic fervor into such posts.
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dasrik
07-18 11:56 AM
Date Delivered To USCIS:Jul 2, 2007
Time Delivered To USCIS:10:23 AM
Service Center: TSC
Rejected: Dont Know
Time Delivered To USCIS:10:23 AM
Service Center: TSC
Rejected: Dont Know
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girijas
06-19 05:39 PM
I called the local senator's office (Maryland) and they couldn't give me a response. They claim that they don't have access to the information on a bill status if it is a federal bill. But if I call the representatives from California, the office asked me to call my local representative for information on bill status!
The only house bill with a Senate version is HR 6039 (26 co sponsors). However the corresponding senate version S.3084 only has 2 co sponsors.
The other two bills do not have a senate version
The only house bill with a Senate version is HR 6039 (26 co sponsors). However the corresponding senate version S.3084 only has 2 co sponsors.
The other two bills do not have a senate version
franklin
07-11 02:02 AM
I am not sure if you are being facetious but I think that is a great idea! :)
No, I'm not being facetious :)
There is always a chance that a well publicized (we are working on that part!) rally might attract opposition to the rally.
I wholeheartedly think that this gesture would be seen as fairly "american" and could defuse tension if it arises. Plus it would link back nicely to the flower campaign as well, and the eventual destination of the bouquets sent.
Political stance on wars aside, I don't think there are many people who don't support the lives on the line.
No, I'm not being facetious :)
There is always a chance that a well publicized (we are working on that part!) rally might attract opposition to the rally.
I wholeheartedly think that this gesture would be seen as fairly "american" and could defuse tension if it arises. Plus it would link back nicely to the flower campaign as well, and the eventual destination of the bouquets sent.
Political stance on wars aside, I don't think there are many people who don't support the lives on the line.
hrushi_j
09-17 12:59 PM
wow... 25 mins break only
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