logiclife
01-30 04:42 PM
Another thing about your situation.
I am assuming your spouse is on H1. If he is having a stable job and GC process in queue, then your dependence on this potential desi employer significantly reduces. That gives you more power to bargain. For everything. Better paycheck and other perks. Most importantly, do negotiate the terms of starting to work. Make it clear to them that you will work ONLY AFTER you have I-797 approval and not before. If you dont negotiate, they would start marketing your resume even before your H4-to-H1 transfer petition reaches the USCIS service center. And you probably dont want to go along with that and work illegally.
Use that independence to your advantage.
If the primary applicant is on H1 and has the GC in pipeline, then the negotiating power significanly reduces. For you, the employer knows that you dont care if you have to go to another desi bodyshop paying better money for the same project and you dont care in worst case if you have to quit and go back on H4.
I am assuming your spouse is on H1. If he is having a stable job and GC process in queue, then your dependence on this potential desi employer significantly reduces. That gives you more power to bargain. For everything. Better paycheck and other perks. Most importantly, do negotiate the terms of starting to work. Make it clear to them that you will work ONLY AFTER you have I-797 approval and not before. If you dont negotiate, they would start marketing your resume even before your H4-to-H1 transfer petition reaches the USCIS service center. And you probably dont want to go along with that and work illegally.
Use that independence to your advantage.
If the primary applicant is on H1 and has the GC in pipeline, then the negotiating power significanly reduces. For you, the employer knows that you dont care if you have to go to another desi bodyshop paying better money for the same project and you dont care in worst case if you have to quit and go back on H4.
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HV000
02-14 12:47 PM
The spirit of US is to united everyone from different countries and races to live together to be loyal to the same country. But truly they don't want too many immigrants from one or two specific country. That is why they setup the country limit rules. So the population for all the immigrants from differnet places grows up about equally in this country. I think this is normal to every country. I believe every country will do the same if they are facing a lot immigrants. If the other day many immigrants from other countries want to go India, Indian gov. will do the same.
Just to be curious, where is the fight the OP mentioned. Can OP link us or is it just OP think there is a fight?
I agree with your point that US wants to bring people from over the world and not just few countries. The removal of Country quota WILL NEVER happen. May be they will atleast slightly increase the quota for oversubscribed countries.
Just to be curious, where is the fight the OP mentioned. Can OP link us or is it just OP think there is a fight?
I agree with your point that US wants to bring people from over the world and not just few countries. The removal of Country quota WILL NEVER happen. May be they will atleast slightly increase the quota for oversubscribed countries.
mikekanna
03-16 03:38 PM
EB1 - MNC Executive clause from the DOS Website
==============================
Certain executives and managers who have been employed
at least one of the three preceding years by the
overseas affiliate, parent, subsidiary, or branch of
the U.S. employer. The applicant must be coming to
work in a managerial or executive capacity. No labor
certification is required for this classification, but
the prospective employer must provide a job offer and
file a petition with the USCIS.
Q1) Can an H1-B visa holder apply under this category if all other conditions are satisfied?
Q2) Can the clause "Atleast 1 of the 3 preceding years" be
interpreted as "Atleast 365 days in the past 3 years" if all other conditions are satisfied?
The statement does not talk about 1 full year or 1 continuous year. Also if a person's job needs him to travel to the US for a week or so every year for business before completion of 1 year in an overseas country for the same orgn/subsidiary, he would never satisfy the criteria of completing 1 year.
Pls. let me know if anyone has responded to such a situation.
Thanks.
==============================
Certain executives and managers who have been employed
at least one of the three preceding years by the
overseas affiliate, parent, subsidiary, or branch of
the U.S. employer. The applicant must be coming to
work in a managerial or executive capacity. No labor
certification is required for this classification, but
the prospective employer must provide a job offer and
file a petition with the USCIS.
Q1) Can an H1-B visa holder apply under this category if all other conditions are satisfied?
Q2) Can the clause "Atleast 1 of the 3 preceding years" be
interpreted as "Atleast 365 days in the past 3 years" if all other conditions are satisfied?
The statement does not talk about 1 full year or 1 continuous year. Also if a person's job needs him to travel to the US for a week or so every year for business before completion of 1 year in an overseas country for the same orgn/subsidiary, he would never satisfy the criteria of completing 1 year.
Pls. let me know if anyone has responded to such a situation.
Thanks.
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unitednations
12-22 02:34 PM
this is our history...
1.was working with employer B in June 07(when PD was current for EB2/Oct 2003-India)...went to attorney to file 485 with approved 140 thru ex employer A. filled in all the paperwork for 485,but the attorney was asking for a current employment letter from B with exact skills mentioned on labor and the employer B was not ready to give such a letter and hence we planned to find a new employer and file for 485 in July.
2. In June end found this new current employer C and planned to file 485 in July and all the fiasco scene happened...anyway...in August we filed the 485 with a current employer letter from C with all the skills matching the labor..till here fine.
NOW...we got a copy of the bunch of 48 documents sent to INS from the atnys office...I had given the latest 325a form
current employer C : July 07 - current
employer B : Jan 2006 - June 2007
employer A : June 2003 - Dec 2005 (who filed for labor/i140)
the shitty paralegal now submitted the 325a from submitted in June 07 where the current employer B was the latest.... + the current employment letter of C + 485 employment offer letter from A
She had whitened out the date on the 325a form signed on June 07 and changed it to Aug 07 to my utter shock....
when I call back..she says we will handle any RFE's...
quite worried as the 325a form already says something like 'all info disclosed is truthful'... etc and the fine print..
pls post your thoughts and comments..
hope I dint confuse
Pretty confusing situation. Don't know why you even put in an experience letter from a company which doesn't have anything to do with the petition.
I am aware of a couple of cases where uscis did deny on such issues (g-325a not matching up with h-1b approvals, etc.). However, affidavits and such to say it was an honest mistake took care of the issue.
You might be able to appreciate this story:
I worked on an ability to pay case for a company in ohio. Person got approved and was then waiting for 485 approval.
He contacts me many months later and tells me that he got this rfe. The jest of the rfe was:
You claim to have never filed a 485 adjustment of status application. However; our search of records show that you filed a 485 on xxx date in xx office as a marriage base applicant. It appears that you are not eligible for a waiver of the interview requirement for adjustment of status.
Now; i truly believe that his current wife (from india) never knew about this marriage (his family and friends didn't know either). he tried to blame it on his lawyer that they never asked him and they just defaulted that he never filed for a 485. Pretty weak excuse. However; they responded to the 485 that everything was in such a rush to file the 485 that he didn't have a chance to look it all over and it was an honest mistake. He didn't get called for an interview and they approved his case.
Now; if the record of his marriage base application had shown that he was caught in fraudulent marriage; he never got divorced and re-married or there was something that went wrong with his earlier case then it may have been a different story. However; since nothing was wrong with that application; the officer let him off the hook because it was an honest mistake.
1.was working with employer B in June 07(when PD was current for EB2/Oct 2003-India)...went to attorney to file 485 with approved 140 thru ex employer A. filled in all the paperwork for 485,but the attorney was asking for a current employment letter from B with exact skills mentioned on labor and the employer B was not ready to give such a letter and hence we planned to find a new employer and file for 485 in July.
2. In June end found this new current employer C and planned to file 485 in July and all the fiasco scene happened...anyway...in August we filed the 485 with a current employer letter from C with all the skills matching the labor..till here fine.
NOW...we got a copy of the bunch of 48 documents sent to INS from the atnys office...I had given the latest 325a form
current employer C : July 07 - current
employer B : Jan 2006 - June 2007
employer A : June 2003 - Dec 2005 (who filed for labor/i140)
the shitty paralegal now submitted the 325a from submitted in June 07 where the current employer B was the latest.... + the current employment letter of C + 485 employment offer letter from A
She had whitened out the date on the 325a form signed on June 07 and changed it to Aug 07 to my utter shock....
when I call back..she says we will handle any RFE's...
quite worried as the 325a form already says something like 'all info disclosed is truthful'... etc and the fine print..
pls post your thoughts and comments..
hope I dint confuse
Pretty confusing situation. Don't know why you even put in an experience letter from a company which doesn't have anything to do with the petition.
I am aware of a couple of cases where uscis did deny on such issues (g-325a not matching up with h-1b approvals, etc.). However, affidavits and such to say it was an honest mistake took care of the issue.
You might be able to appreciate this story:
I worked on an ability to pay case for a company in ohio. Person got approved and was then waiting for 485 approval.
He contacts me many months later and tells me that he got this rfe. The jest of the rfe was:
You claim to have never filed a 485 adjustment of status application. However; our search of records show that you filed a 485 on xxx date in xx office as a marriage base applicant. It appears that you are not eligible for a waiver of the interview requirement for adjustment of status.
Now; i truly believe that his current wife (from india) never knew about this marriage (his family and friends didn't know either). he tried to blame it on his lawyer that they never asked him and they just defaulted that he never filed for a 485. Pretty weak excuse. However; they responded to the 485 that everything was in such a rush to file the 485 that he didn't have a chance to look it all over and it was an honest mistake. He didn't get called for an interview and they approved his case.
Now; if the record of his marriage base application had shown that he was caught in fraudulent marriage; he never got divorced and re-married or there was something that went wrong with his earlier case then it may have been a different story. However; since nothing was wrong with that application; the officer let him off the hook because it was an honest mistake.
more...
iv_only_hope
02-20 03:47 PM
Ok guys before you shoot it down heres my calc for EB2 pending apps from 2000 to Dec 2003. Obviously its a rough estimate, who knows how many eb3s switched, labor subs etc etc etc.
From pending apps from 2000 to 2003 dec are about 96. Assume represents 1% of total population so it would be 9600. Each app has about 1.5 dependents so about 15,000? If you assume as lower say 0.5% then number would obviously increase to 29,000.
Ok now shoot me down.
From pending apps from 2000 to 2003 dec are about 96. Assume represents 1% of total population so it would be 9600. Each app has about 1.5 dependents so about 15,000? If you assume as lower say 0.5% then number would obviously increase to 29,000.
Ok now shoot me down.
logiclife
12-20 07:55 PM
<If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.>
So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).
This is not based on any memo. Its in the immigration and nationality act. That is even better because it wont change without an act of congress. Its rock solid. Memos and field manual can be changed by USCIS and they dont need change in laws. To change or edit 245(k), you need change in laws, which needs an act of congress. So the whole thing is on rock solid grounds.
The section is 8 USC � 1255 (k). Also known as 245(k).
Here is how to find the text of 245(k) on USCIS website:
1. Go to USCIS.gov
2. Go to "Laws and Regulations" menu item on top menu.
3. Click on "Immigration and Nationality Act" on the left menu.
4. Click on the link that says "Immigration and Nationality Act" below the 2 paragraph lecture.
5. Scroll down to Chapter 5 and go to "Act 245". DONT GO to "Act 245A".
6. Under Act 245, go to section (k), the lowercase k.
You will read this :
(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission.
Another link is here http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
Go to (k) -lowercase k.
So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).
This is not based on any memo. Its in the immigration and nationality act. That is even better because it wont change without an act of congress. Its rock solid. Memos and field manual can be changed by USCIS and they dont need change in laws. To change or edit 245(k), you need change in laws, which needs an act of congress. So the whole thing is on rock solid grounds.
The section is 8 USC � 1255 (k). Also known as 245(k).
Here is how to find the text of 245(k) on USCIS website:
1. Go to USCIS.gov
2. Go to "Laws and Regulations" menu item on top menu.
3. Click on "Immigration and Nationality Act" on the left menu.
4. Click on the link that says "Immigration and Nationality Act" below the 2 paragraph lecture.
5. Scroll down to Chapter 5 and go to "Act 245". DONT GO to "Act 245A".
6. Under Act 245, go to section (k), the lowercase k.
You will read this :
(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission.
Another link is here http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
Go to (k) -lowercase k.
more...
Jaime
09-14 01:06 PM
We mean EVERYONE!!! DC is not far!!! Let's all go!!!
What will it take to change your mind????
If you are within 4-5 hour drive of Washington you shouldn't even be debating whether to go or not. The decision is: YES!!!!!
What will it take to change your mind????
If you are within 4-5 hour drive of Washington you shouldn't even be debating whether to go or not. The decision is: YES!!!!!
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richi121175
01-17 02:38 PM
Sent PM... and FYI... I am not a non-contributor as wellPlease send me a message if you have contributed. I don't want to any non-contrbuting members.... The day is not far when IV will have a cease operations due to non-contributing members. !!
ONE THING IS FOR SURE, EITHER IT'S THIS YEAR OR NEVER ....CHOICE IS YOURS
ONE THING IS FOR SURE, EITHER IT'S THIS YEAR OR NEVER ....CHOICE IS YOURS
more...
grinch
02-16 08:34 PM
Aw this is so great!
People are actually participating in this battle!!!
Well, for all of us not-so-experienced 3d artists, this battle is a very good way to learn many new things and techniques. I mean, I have no idea of winning this battle, but from using what I've learned, and combining new techniques, I'm sure to learn alot.
A quick question, what are you guys modeling in? nurbs? I'm doing mine all in nurbs, and i'm having a little trouble modeling a nice chair, like the one that eisloe had.
Not asking for any explanation, but possibly a couple tips for all of us here?
Thanks guys, I'm working hard on it.
People are actually participating in this battle!!!
Well, for all of us not-so-experienced 3d artists, this battle is a very good way to learn many new things and techniques. I mean, I have no idea of winning this battle, but from using what I've learned, and combining new techniques, I'm sure to learn alot.
A quick question, what are you guys modeling in? nurbs? I'm doing mine all in nurbs, and i'm having a little trouble modeling a nice chair, like the one that eisloe had.
Not asking for any explanation, but possibly a couple tips for all of us here?
Thanks guys, I'm working hard on it.
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nandakumar
07-12 06:14 PM
Like wise :rolleyes:
All right I am current again..exactly after 2 years
So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.
mwuahhhaaaa...c'mon..come to papa now :D:D
tick..tock..tick..tock :rolleyes:
All right I am current again..exactly after 2 years
So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.
mwuahhhaaaa...c'mon..come to papa now :D:D
tick..tock..tick..tock :rolleyes:
more...
insbaby
05-07 11:10 AM
If you have paid and do not have access then send us an email to info at immigrationvoice.org with your payment details, name, email used to contribute and IV ID.
We have added everyone that contributed. Sometimes there is a delay of a couple of days.
I saw couple of them last week, now I searching, searching and searching, not able to see donor forums on updates except one that says "start of the donor forums".
Is there a link that shows all donor forums...
We have added everyone that contributed. Sometimes there is a delay of a couple of days.
I saw couple of them last week, now I searching, searching and searching, not able to see donor forums on updates except one that says "start of the donor forums".
Is there a link that shows all donor forums...
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singhsa3
08-13 03:57 PM
I think thats AC21 recapture thing...
From sept visa bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html section E.
We have 22704 FB visa overflow to EB for year 2008.
From sept visa bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html section E.
We have 22704 FB visa overflow to EB for year 2008.
more...
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ujjwal_p
10-10 05:45 PM
If verified, you would end up in eating ham burger.
Allow me :
"We get caught laundering money, we're not going to white color resort prison. No, no, no. We're going to Federal pound me in the a** prison" -- Office Space
Allow me :
"We get caught laundering money, we're not going to white color resort prison. No, no, no. We're going to Federal pound me in the a** prison" -- Office Space
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singhsa3
03-04 12:54 PM
By the in PA they don't give you Drivers License if you are on EAD if your EAD validity is less than a year.
more...
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malaGCPahije
03-17 10:53 AM
Nov 2004. EB3 - I
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redds777
06-10 04:51 PM
Sent
OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America
It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)
and send the message out
Please post this link on other forums and mail to friends asking them to join this action item.
OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America
It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)
and send the message out
Please post this link on other forums and mail to friends asking them to join this action item.
more...
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makemygc
07-05 11:24 AM
I ask the doctor to treat me first but also make sure that my brother gets treatment too.It's just that for the past 15 days not one post reg people stuck in BEC's and one guy who started the thread of unfairness got bashed.Even then no announcement nothing from the core team.That's what bugs me.
I'm not trying to create a division.In fact I sympathise with everybody effected by VB ,all the money,effort,time that you have put in.I know I'll be next in line waiting to get in the roller coaster.I also know that core team is not answerable to anybody.
Peace..
Aries22...here is your answer from the core.
http://immigrationvoice.org/forum/showthread.php?t=6084
If you are satisfied with the answer, I'll encourage you to bring other BECs brothers to join IV and contribute.
I'm not trying to create a division.In fact I sympathise with everybody effected by VB ,all the money,effort,time that you have put in.I know I'll be next in line waiting to get in the roller coaster.I also know that core team is not answerable to anybody.
Peace..
Aries22...here is your answer from the core.
http://immigrationvoice.org/forum/showthread.php?t=6084
If you are satisfied with the answer, I'll encourage you to bring other BECs brothers to join IV and contribute.
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pointlesswait
02-04 10:31 AM
some jack left me a message calling me ignorant.
ppl here are discussing his topic to death.. abt changing the per country quota.
No one here wants to even ponder that.. immigration into US is a not a random act.
The policy makers and thinkers may have spent many sleepless nights to arrive at the thought of giving every global citizen an equal opportunity to migrate to this "land of opportunity".
So even an attempt to remove per country quota is absurd and retarded thought.
Be practical and make more realistic suggestions..
a.) IF someone has been inthis country for 10 years ..F1->H1, he shoudl qualify for EAD (no constrains) , until the visa number become avaliable.
b.) Allow for simultaneous 140-485 filing..
so if peeps here think that i am ignorant for saying that attempt to remove country quota is a non-starter.. think again.. DF's
ppl here are discussing his topic to death.. abt changing the per country quota.
No one here wants to even ponder that.. immigration into US is a not a random act.
The policy makers and thinkers may have spent many sleepless nights to arrive at the thought of giving every global citizen an equal opportunity to migrate to this "land of opportunity".
So even an attempt to remove per country quota is absurd and retarded thought.
Be practical and make more realistic suggestions..
a.) IF someone has been inthis country for 10 years ..F1->H1, he shoudl qualify for EAD (no constrains) , until the visa number become avaliable.
b.) Allow for simultaneous 140-485 filing..
so if peeps here think that i am ignorant for saying that attempt to remove country quota is a non-starter.. think again.. DF's
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nomi
12-11 03:58 PM
USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)
INA should be changed which should be done through a legislative process, not through any rule making.
Thank xbohdukc. I think, this door is also close.
INA should be changed which should be done through a legislative process, not through any rule making.
Thank xbohdukc. I think, this door is also close.
pappu
07-23 03:06 PM
Employment letter is a MUST. Without this letter, your application can be denied without even an RFE. Read the latest USCIS memo. Please tell your lawyer and HR.
skd
09-18 01:47 PM
This is MUCH worse than Dot-Com bubble, As Dot-Com bubble was just for IT industry, this financial sector, Housing Sector, Insurence Sector. And obviously IT as IT is service industry for all these.
So we don't know what will happen.
It took 3-4 years to recover from dot com bubble........now this is the blast of financial industry so lets see how long it will take to recover....
So we don't know what will happen.
It took 3-4 years to recover from dot com bubble........now this is the blast of financial industry so lets see how long it will take to recover....
