raysaikat
07-19 06:47 PM
Why do you think I should go for a new H1? I can always call my wife on a visitor visa. She can stay on a visitor visa in US for 1 year continuously. So why bother for an H4?
Unless there are some other advantages of H4 which I am missing?
She may not get a visitor's visa. Visitor's visa requires non-immigration intent, just like F-1. In your case, there is a very clear intent to immigrate, which may disqualify her from getting a visitor's visa.
Unless there are some other advantages of H4 which I am missing?
She may not get a visitor's visa. Visitor's visa requires non-immigration intent, just like F-1. In your case, there is a very clear intent to immigrate, which may disqualify her from getting a visitor's visa.
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GCInThisLife
07-19 04:45 PM
I did search this with given phrase.. All the search results I see are directed to university websites.. primarily referring to I-20 validity. May be since universities are a little particular about status issues, informing the rules in advance.
In my wifes case, the company policy is not include on the payroll until the first project starts and after that they pay even on the bench. And so far no one (primary) was denied GC from her company. We didn't realize the problems earlier.. she was willing to work earlier.. but since all the clients were asking for SS#, they asked her to wait till she gets one. She soon got accepted by a F500 client, but since the director was on vacation, the the project didn't start till early june 06.. I was a little worried, so though my lawyer didn't ask, she asked her employer for an employment letter. We may be able to request additional letters if USCIS issues reasonable RFE from company. Well.. there is no point in discussing my case further except for stress relief..:(.. what ever happens happens.
LoL. You are such an idi***!
Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.
Here is another link:
Immigration Rights and Responsibilities of Scholars in H-1B Status
http://www.bu.edu/isso/scholars/h1-rights.html
Search for no later than 30 days after the I-797 start date
Before you ask: I don't work/study at Boston University.
________________________
Not a legal advice.
In my wifes case, the company policy is not include on the payroll until the first project starts and after that they pay even on the bench. And so far no one (primary) was denied GC from her company. We didn't realize the problems earlier.. she was willing to work earlier.. but since all the clients were asking for SS#, they asked her to wait till she gets one. She soon got accepted by a F500 client, but since the director was on vacation, the the project didn't start till early june 06.. I was a little worried, so though my lawyer didn't ask, she asked her employer for an employment letter. We may be able to request additional letters if USCIS issues reasonable RFE from company. Well.. there is no point in discussing my case further except for stress relief..:(.. what ever happens happens.
LoL. You are such an idi***!
Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.
Here is another link:
Immigration Rights and Responsibilities of Scholars in H-1B Status
http://www.bu.edu/isso/scholars/h1-rights.html
Search for no later than 30 days after the I-797 start date
Before you ask: I don't work/study at Boston University.
________________________
Not a legal advice.
EBX-Man
05-11 03:57 PM
Ahhh !!!! the junior members come out of the wood work with enthusiasm and fire. let us see how long this lasts !!!!, Only untIl the next VB I would assume
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meridiani.planum
07-20 03:37 AM
History does not repeat itself. The historians repeat one another.
Max Beerbohm
Sir Beerbohm was a parodist. I hope you have not taken something he said in satire and made it your life's mission statement ;)
If we are going to quote humorists, heres one that shares my view:
You must learn from the mistakes of others. You can't possibly live long enough to make them all yourself. ~ Samuel Levenson
I guess it does make life more exciting when we make decisions without thoughts to the past but I prefer learning from others experiences. Rather make new mistakes than do something stupid that 3 other people had already done.
You are of course entitled to your own views on life and debating this is perhaps of no use.
Max Beerbohm
Sir Beerbohm was a parodist. I hope you have not taken something he said in satire and made it your life's mission statement ;)
If we are going to quote humorists, heres one that shares my view:
You must learn from the mistakes of others. You can't possibly live long enough to make them all yourself. ~ Samuel Levenson
I guess it does make life more exciting when we make decisions without thoughts to the past but I prefer learning from others experiences. Rather make new mistakes than do something stupid that 3 other people had already done.
You are of course entitled to your own views on life and debating this is perhaps of no use.
more...
dtekkedil
08-31 11:20 PM
No lies, salary cannot be raised and people on H-4 cannot work. The article is right.
What I don't get is where they got that the Sept 18 rally will see 5000 of us attending? That's way too little guys, we need at least double that!
Will we even have 5000 people??? I will be (pleasantly) surprised if we do!
Too bad most of us think this rally is a waste of time. I hope they wake up and realize that doing nothing and waiting for their GCs will be an even bigger waste of time if they lose their job 3 years down the line!
What I don't get is where they got that the Sept 18 rally will see 5000 of us attending? That's way too little guys, we need at least double that!
Will we even have 5000 people??? I will be (pleasantly) surprised if we do!
Too bad most of us think this rally is a waste of time. I hope they wake up and realize that doing nothing and waiting for their GCs will be an even bigger waste of time if they lose their job 3 years down the line!
amitjoey
03-21 11:19 AM
I am from california and I will coordinate with the State chapter here. I know we have a lot of active californians in the state chapter. I will get in touch with them.
more...
flipflop
11-18 02:23 AM
As we all know, the Housing crisis in US is getting worse day by day, with the inventory of houses available for sale increasing, and buyers not willing/able to buy those houses.
Giving speedy Green Cards to July Visa bulletin cases will ease the Housing Crisis in US.
Most of the people affected by the July Visa bulletin are highly skilled people who have the capacity to buy houses, but are not investing in houses, since their future in US is not secure until they get Green Cards.
Instead they end up investing in real estate in Bangalore/Hyderabad etc, thereby helping in housing boom in those places.
If Congress passes a law to give speedy Green Cards to these highly skilled people ASAP; these highly skilled people, who have good jobs and capacity to buy houses inspite of the difficult situation regarding getting loans etc, will help US tide over the current difficult housing situation.
This is something for the US law makers to ponder.
Vowww... what a wishful thinking.
Definitely nobody would have thought giving Green Cards to Legal Immigrants who are making renting industry thrive can also solve US Housing Slump.
Next time, they may even see a possibility if giving Green Cards can also solve Global Warming!!!!
You know actually it can happen with majority of desis driving green vehicles (honda/toyota).
Giving speedy Green Cards to July Visa bulletin cases will ease the Housing Crisis in US.
Most of the people affected by the July Visa bulletin are highly skilled people who have the capacity to buy houses, but are not investing in houses, since their future in US is not secure until they get Green Cards.
Instead they end up investing in real estate in Bangalore/Hyderabad etc, thereby helping in housing boom in those places.
If Congress passes a law to give speedy Green Cards to these highly skilled people ASAP; these highly skilled people, who have good jobs and capacity to buy houses inspite of the difficult situation regarding getting loans etc, will help US tide over the current difficult housing situation.
This is something for the US law makers to ponder.
Vowww... what a wishful thinking.
Definitely nobody would have thought giving Green Cards to Legal Immigrants who are making renting industry thrive can also solve US Housing Slump.
Next time, they may even see a possibility if giving Green Cards can also solve Global Warming!!!!
You know actually it can happen with majority of desis driving green vehicles (honda/toyota).
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nrk
10-26 08:05 PM
Hi Guys,
I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)
Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)
10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.
I got a mail just now, with the following text in it.
"The status of your request is
Your case is on hold because your appear to be inadmissible under the current law
Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.
Such an exercise of the exemption authority might allow us to approve the case."
What does this mean, any one has some idea about it.
I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)
Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)
10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.
I got a mail just now, with the following text in it.
"The status of your request is
Your case is on hold because your appear to be inadmissible under the current law
Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.
Such an exercise of the exemption authority might allow us to approve the case."
What does this mean, any one has some idea about it.
more...
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realist
11-03 09:51 AM
Republicans with the help of the tea party is going to (or try to) move the country extreme right...........this election just made things complicated!
If you hear both the republicans and tea party - they talk of sticking to core principles. Their principles have not been very good to the middle class..........
This election has emboldened the republicans and further chickened the democrats - the need for compromise is lost...........
CIR may be dead/alive; piecemeal may be the option - either way, meeting with lawmakers to take up our issues just intensified. Especially if piecemeal is the way to go, we have to be meeting with every senator and congressman seeking and getting the support - because not only will the anti immigrants oppose it, we probably will have to fight of the CHC too.
Our community does not have the money or representation in the govt, so our only hope is the aggressive and consistent participation in grassroot efforts and advocate for changes with the lawmakers.
just my .02 cents...
If you hear both the republicans and tea party - they talk of sticking to core principles. Their principles have not been very good to the middle class..........
This election has emboldened the republicans and further chickened the democrats - the need for compromise is lost...........
CIR may be dead/alive; piecemeal may be the option - either way, meeting with lawmakers to take up our issues just intensified. Especially if piecemeal is the way to go, we have to be meeting with every senator and congressman seeking and getting the support - because not only will the anti immigrants oppose it, we probably will have to fight of the CHC too.
Our community does not have the money or representation in the govt, so our only hope is the aggressive and consistent participation in grassroot efforts and advocate for changes with the lawmakers.
just my .02 cents...
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roseball
08-23 11:20 AM
Thanks for your detailed reply. Till now I have not paid for anything for my GC. I have been here since last 12 yrs. My employer is picking up the cost for PERM and I140, as you said I may pay for premium processing for 140 if I opt it that way. My concern is, he said we need to file I485 also as my old 485 is in old format (paying for EAD renewal and AP), not sure about that.
So we do not need to file a new I485 if EB3's 485 is pending ? After I140 is approved under EB2, we just need to request USCIS to look at this new application with old PD to approve EB3 485 ?
That is right, no need to file I-485 again. The format of I-485 has nothing to do with this. I am assuming he is just trying to make money by doing the additional paper work. A couple of my colleagues got their GCs that way in July and my employer is also in the process of filing my EB-2 I-140 under Premium Processing this week with a request to port my earlier EB-3 PD and a letter to USCIS requesting to adjudicate my pending I-485 under EB-2 preference, once EB-2 I-140 is approved. In my colleague's case, TSC approved both Eb-2 I-140 and pending I-485 (was at TSC as well) concurrently in July.
So we do not need to file a new I485 if EB3's 485 is pending ? After I140 is approved under EB2, we just need to request USCIS to look at this new application with old PD to approve EB3 485 ?
That is right, no need to file I-485 again. The format of I-485 has nothing to do with this. I am assuming he is just trying to make money by doing the additional paper work. A couple of my colleagues got their GCs that way in July and my employer is also in the process of filing my EB-2 I-140 under Premium Processing this week with a request to port my earlier EB-3 PD and a letter to USCIS requesting to adjudicate my pending I-485 under EB-2 preference, once EB-2 I-140 is approved. In my colleague's case, TSC approved both Eb-2 I-140 and pending I-485 (was at TSC as well) concurrently in July.
more...
calif
12-04 01:17 PM
was it EB2 or EB3?
My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.
My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.
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heywhat
05-30 02:04 AM
Done
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sanju
11-22 12:52 PM
In case anybody noticed, the GREATEST friend of EB community, Senator Durbin is now the acting Chair of the Senate Judiciary Committee. In the absense of Sen. Kennedy, our GREATEST FRIEND is going to bat for us. Its going to be Great and we will see Recapture be the first bill pass in 111th congress. Congrats everyone, the GREAT participation of over a million "highly educated" "highly informed" immigrants will now be rewarded.
.
.
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hopefull
07-06 09:13 PM
Hopeful has a valid point when it comes to sending flowers to USCIS. I am not sure that will make any difference . Flowers will not change USCIS overnight but will get us some good media publicity .Yes when it comes to american or any other politics , money is an important factor and if you can hit money, all issues can be resolved. I wish India one day becomes such a prosperous country that immigration no longer is lucrative for Indians and none of our generations to come have to go through all this mess !!!!!!:D
Thanks MBA - finally some body educated and sees seye to eye with me ..not on of those blue collar workers of the white collar industry
Thanks MBA - finally some body educated and sees seye to eye with me ..not on of those blue collar workers of the white collar industry
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GC4LI
04-22 05:30 PM
I completely agree with JK...i work here in Phoenix in a construction company, and many of the legal immigrants (including Latinos, indians etc....brown skin people) have started to worry about this bill becoming law....every other person in our company have experienced what this would bring us....
We have been working in various cities here in AZ, and travel is a must for us...
Once, while I was driving to Tucson for a project inspection, i was stopped by border patrol agents at 2 different locations....i mean to say, they were not stationed in a booth or any thing, they had patrol cars just like cops....they just park their car on the shoulder, and wait for any brown guy driving across....
Infact, one border patrol agent followed me for about 2 miles, then drove right next to me, again slowed down to get behind me, and turned on the lights...so, I had to stop....luckily, i had my EAD card, which is always keep in my wallet, even though I am on H1-B....however, he insisted that we (as in legal immigrants) should carry our passports (Original and not a copy) with us when we travel...which is totally rediculous!!!!!
what irritates me is that these guys don't even understand what an EAD is.....he was expecting that I should have a visa inorder to be in the US....it took almost 25 to 30 mins to explain my status (H1-B, but not stamped in my passport)....that an approved H1-B petition is enough to stay and work in the US.....HE JUST DIDN'T GET IT!!!!!....in the end, this guy, as though he was doing a great favor to me, said that he is allowing me to travel on humanitarian grounds and with a warning....f&*k*&^ bull%^&*......
I have traveled many times with my coworker who is caucasian, and not even once have I had a problem with border patrol agents.....
I just don't know what to say!!!!!! is it their lack of common sense, or knowledge, or is it just plain blunt racial profiling???????
We have been working in various cities here in AZ, and travel is a must for us...
Once, while I was driving to Tucson for a project inspection, i was stopped by border patrol agents at 2 different locations....i mean to say, they were not stationed in a booth or any thing, they had patrol cars just like cops....they just park their car on the shoulder, and wait for any brown guy driving across....
Infact, one border patrol agent followed me for about 2 miles, then drove right next to me, again slowed down to get behind me, and turned on the lights...so, I had to stop....luckily, i had my EAD card, which is always keep in my wallet, even though I am on H1-B....however, he insisted that we (as in legal immigrants) should carry our passports (Original and not a copy) with us when we travel...which is totally rediculous!!!!!
what irritates me is that these guys don't even understand what an EAD is.....he was expecting that I should have a visa inorder to be in the US....it took almost 25 to 30 mins to explain my status (H1-B, but not stamped in my passport)....that an approved H1-B petition is enough to stay and work in the US.....HE JUST DIDN'T GET IT!!!!!....in the end, this guy, as though he was doing a great favor to me, said that he is allowing me to travel on humanitarian grounds and with a warning....f&*k*&^ bull%^&*......
I have traveled many times with my coworker who is caucasian, and not even once have I had a problem with border patrol agents.....
I just don't know what to say!!!!!! is it their lack of common sense, or knowledge, or is it just plain blunt racial profiling???????
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venkygct
08-27 10:12 PM
for starting this poll. i already know that two of my friends are planning to book their tickets from CA today !
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aeroterp
05-29 04:48 PM
This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
That's not true. They will still process backlogged applications filed prior to the introduction of the bill. Considering the current backlog, none of the applications for FY2008 from India and China would have been considered during that period anyway. This would only matter if you were from a non-retrogressed country. As far as the points system is concerned, your priority date doesn't matter anyway as only your point score will be considered.
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
That's not true. They will still process backlogged applications filed prior to the introduction of the bill. Considering the current backlog, none of the applications for FY2008 from India and China would have been considered during that period anyway. This would only matter if you were from a non-retrogressed country. As far as the points system is concerned, your priority date doesn't matter anyway as only your point score will be considered.
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wellwishergc
04-10 09:02 PM
I agree with bharnik..
Perhaps, we are looking at things through the same perspective that everybody is looking at. Remember that the senators and congressmen include clauses what are provided by people like us or by businesses; for instance - the wording of the amendment that Senator Borwnback brought about, should have been a combination of materials from IV and other sources. I am sure that very few congressmen/leaders know what I-485 process or EAD actually means. People like us who are affected by the GC process have these form numbers and the corresponding processes on the top of our head. I suspect this is the case with the senators/congressmen or their staff, since 'legal immigration' is just 1 topic out of the numerous topics that they have to deal with.
So, I re-iterate that we need to work on things simultaneously. If one group is working through the congress, another group should target the agencies such as DOL, Service Centers.
I think, it is much easier for DOL or Service centers to bring about a 'memorandum' within the legal boundaries of the existing law; to best put it, to change the interpretations.
It is the same with the current bill under debate. It will take years before each and every aspect of the bill, once passed, is intrepreted and implemented. In the meanwhile some may get lucky by a certain interpretation, some may not. - until the final interpretation is confirmed.
IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.
Bee:
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
Perhaps, we are looking at things through the same perspective that everybody is looking at. Remember that the senators and congressmen include clauses what are provided by people like us or by businesses; for instance - the wording of the amendment that Senator Borwnback brought about, should have been a combination of materials from IV and other sources. I am sure that very few congressmen/leaders know what I-485 process or EAD actually means. People like us who are affected by the GC process have these form numbers and the corresponding processes on the top of our head. I suspect this is the case with the senators/congressmen or their staff, since 'legal immigration' is just 1 topic out of the numerous topics that they have to deal with.
So, I re-iterate that we need to work on things simultaneously. If one group is working through the congress, another group should target the agencies such as DOL, Service Centers.
I think, it is much easier for DOL or Service centers to bring about a 'memorandum' within the legal boundaries of the existing law; to best put it, to change the interpretations.
It is the same with the current bill under debate. It will take years before each and every aspect of the bill, once passed, is intrepreted and implemented. In the meanwhile some may get lucky by a certain interpretation, some may not. - until the final interpretation is confirmed.
IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.
Bee:
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
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arc
10-01 09:02 PM
NSC probably sent applications to CSC for data entry, I am a july 2 filer, my EAD(I131)/AP(I765) and all receipt notices were sent to me by CSC all are WAC### numbers which means its from CSC, then they sent just the AOS (I485) back to NSC saying they do not have Jurisdiction on the AOS application (Logic behind this is - because my I140 was approved by NSC, I have a LIN### on I140 application).
This transfers happens in the 4 centers all the time no need to worry, there is delay associated though... :(
Anywayz all said and done... I have not received my FP notice as yet...My Receipt Notice date : Aug23
This transfers happens in the 4 centers all the time no need to worry, there is delay associated though... :(
Anywayz all said and done... I have not received my FP notice as yet...My Receipt Notice date : Aug23
Gravitation
04-13 11:18 AM
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3219.html
NIW
02-12 09:36 PM
Hey guys!
I just opened this thread casually and found so many helpful messages to a single problem. I am so glad to know that there are so many good people around to help their fellow beings. I sincerely appreciate each and everyone who took time to help in someway.
We often complain for petty things, I guess we should equally encourage the good deeds of other people.
Keep up the good work.
An alien with work permit
(I still cann't get the alien word, I always thought we are all humans)
I just opened this thread casually and found so many helpful messages to a single problem. I am so glad to know that there are so many good people around to help their fellow beings. I sincerely appreciate each and everyone who took time to help in someway.
We often complain for petty things, I guess we should equally encourage the good deeds of other people.
Keep up the good work.
An alien with work permit
(I still cann't get the alien word, I always thought we are all humans)
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