lazycis
01-26 06:26 PM
You are welcome. I doubt the company will alter the offer letter, but I would ask for it. Anyway, no court will let an employer to force an employee to reimburse for hypothetical training for which no upfront costs are defined. Moreover, the clause does say "prior to the Company’s receipt of the benefits of such training and education". So you may very well argue that company received benefits in return. The clause is designed to put fear in you, but it's not enforceable in court. The employer will be in a big trouble if you complain to DOL. And if you have no choice, sign it.
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realizeit
02-11 10:34 AM
I personally think Mr. MPADAPA's assumption is wrong. Last year (2008), the spillover came from Family quota of 2008. Spillover from Family or Employment quota of a particular year cannot be given to the following year. So the fact that there is nothing left from the family quota of 2008 doesn't change any situation here.
So, this year the spillover that Employment category can get from Family quota will be the unused numbers of 2009 Family quota.
This is just my thought!
DOS recently released the visa usage statistics for FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf). For once USCIS managed to use up all the visas allocated for the year. Kudos to USCIS :D But it comes with a price for EB folks. For the past few years, forward movement of PD during the last months of the FY has been propelled due to the spillover of unused FB visa's from prior year. Remember last year almost 23k FB visas got spilled over to the EB limit and caused significant forward movement of PD's for EB2 I/C. Unfortunately in 2008 USCIS used up all of the FB visa's, hence there will be no visa's to spillover:mad: I had consolidated the visa usages in the past few years, Here is a link to the document (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en). The document has hyper link to the source for all the data.
If you are EB3 I/C and wondering why dates didn't move in 2008. Here is the answer,
EB3-C and EB3-I got 1,985 and 3,576 visa's respectively. With such kind of visa allocation there is no doubt about why the dates aren't moving.
If you are EB2 I/C and dreaming that somehow the new spillover would take care of things. You might be pleasantly surprised by the usage of EB1 and EB2-ROW in 2008. Last year many were dreaming that all of the 23K FB visa's would directly go to EB2-I/C but the data shows otherwise. EB2-C and EB-I got 6,967 and 14,819 visa's respectively for the entire 2008. If all the 23K visa's were used by EB2-I/C then their respective numbers would have been much higher.
Bottom line: Without significant change in the EB limit through recapture or increase in EB limit. The forward movement of PD will be a trickle atleast for the rest of the year. We can pray and do whatever before every bulletins, but the numbers cannot lie and hence the bulletins would be a disappointment (for many) until we grasp the reality.
Let us get our acts together and start working together towards some constructive actions like a bill or an amendment. Let us have a healthy debate on what needs to be done.
So, this year the spillover that Employment category can get from Family quota will be the unused numbers of 2009 Family quota.
This is just my thought!
DOS recently released the visa usage statistics for FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf). For once USCIS managed to use up all the visas allocated for the year. Kudos to USCIS :D But it comes with a price for EB folks. For the past few years, forward movement of PD during the last months of the FY has been propelled due to the spillover of unused FB visa's from prior year. Remember last year almost 23k FB visas got spilled over to the EB limit and caused significant forward movement of PD's for EB2 I/C. Unfortunately in 2008 USCIS used up all of the FB visa's, hence there will be no visa's to spillover:mad: I had consolidated the visa usages in the past few years, Here is a link to the document (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en). The document has hyper link to the source for all the data.
If you are EB3 I/C and wondering why dates didn't move in 2008. Here is the answer,
EB3-C and EB3-I got 1,985 and 3,576 visa's respectively. With such kind of visa allocation there is no doubt about why the dates aren't moving.
If you are EB2 I/C and dreaming that somehow the new spillover would take care of things. You might be pleasantly surprised by the usage of EB1 and EB2-ROW in 2008. Last year many were dreaming that all of the 23K FB visa's would directly go to EB2-I/C but the data shows otherwise. EB2-C and EB-I got 6,967 and 14,819 visa's respectively for the entire 2008. If all the 23K visa's were used by EB2-I/C then their respective numbers would have been much higher.
Bottom line: Without significant change in the EB limit through recapture or increase in EB limit. The forward movement of PD will be a trickle atleast for the rest of the year. We can pray and do whatever before every bulletins, but the numbers cannot lie and hence the bulletins would be a disappointment (for many) until we grasp the reality.
Let us get our acts together and start working together towards some constructive actions like a bill or an amendment. Let us have a healthy debate on what needs to be done.
software7
05-12 02:13 PM
Interesting. Talk to congressman and senator - talk to IV - IV also helps in these situations.
Thanks Chandu. Did the same. Got I485 reopended as it is USCIS error (Filing Fee Not enclosed.) Got I797c for both of us saying that I485 reopened.
Thanks Chandu. Did the same. Got I485 reopended as it is USCIS error (Filing Fee Not enclosed.) Got I797c for both of us saying that I485 reopened.
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ssnd03
12-03 04:36 PM
I guess it is just hard to be optimistic with USCIS, FBI processes
...and may I know what is bad in this ?!
I would say this is definitely good as 1.) They have acknowledged the issue AND 2.) acted upon it.
We will know the veracity of their actions as more people report of their NC getting cleared over the next few months.
I think (1) in the statement made by USCIS refers to "DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months" source: AILA Infonet
...and may I know what is bad in this ?!
I would say this is definitely good as 1.) They have acknowledged the issue AND 2.) acted upon it.
We will know the veracity of their actions as more people report of their NC getting cleared over the next few months.
I think (1) in the statement made by USCIS refers to "DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months" source: AILA Infonet
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Sheila Danzig
04-19 11:13 AM
There is an unpublished appeals office decision supporting the 3+2 equivalency to a US masters. It appears that some adjudicator do not necessarily follow the AAO decision however an attorney told me that if the case goes back to the AAO office then the AAO follows their own decisions. As far as I know the cases I am familiar with all were approved at some point (or are pending) when the AAO case was sited.
As far as the 3 year bachelor degree equivalence to a US bachelor degree there are notes from an AILA liaison meeting where USCIS stating: "Credential evaluations that provide a details comparison of credit hours completed by the beneficiary for the 3 year bachelor's degree program with credit hour required by comparable U.S. bachelor's degree program." Exactly what is meant by this is not clear. However, one might say that this indicates that they are at least open to accepting the 3 year equivalency to a bachelors degree.
Our experience is mixed. We have had many approvals when showing the 3 year degree equivalent to a US bachelor degree and we have had denials. In examining the differences it appears that when the attorney makes a strong case in addition to the evaluation the rate of approvals is higher. We don't have exact statistics since many clients do not report back.
There are some cases where 10+2+3+2 got approved in EB2. But lately CIS has been interpreting the BS requirement to read single source degree. Combination of degrees to equate to the bachelors is not allowed for EB2 purpose.
I agree, they had given approvals under EB2 with a 3 year degree. I have few friends who dont even have Indian masters (like MCA) after 3 year Indian degree (BSc , BCom) i.e 10+2+3+1 year diploma from computer institute, but got approved under EB2 and now citizens.
As far as the 3 year bachelor degree equivalence to a US bachelor degree there are notes from an AILA liaison meeting where USCIS stating: "Credential evaluations that provide a details comparison of credit hours completed by the beneficiary for the 3 year bachelor's degree program with credit hour required by comparable U.S. bachelor's degree program." Exactly what is meant by this is not clear. However, one might say that this indicates that they are at least open to accepting the 3 year equivalency to a bachelors degree.
Our experience is mixed. We have had many approvals when showing the 3 year degree equivalent to a US bachelor degree and we have had denials. In examining the differences it appears that when the attorney makes a strong case in addition to the evaluation the rate of approvals is higher. We don't have exact statistics since many clients do not report back.
There are some cases where 10+2+3+2 got approved in EB2. But lately CIS has been interpreting the BS requirement to read single source degree. Combination of degrees to equate to the bachelors is not allowed for EB2 purpose.
I agree, they had given approvals under EB2 with a 3 year degree. I have few friends who dont even have Indian masters (like MCA) after 3 year Indian degree (BSc , BCom) i.e 10+2+3+1 year diploma from computer institute, but got approved under EB2 and now citizens.
sandy_anand
11-06 04:14 PM
Let me narrow it down
' First half of this month'. :D
Let me do better - between Nov 6th and 13th!:D
' First half of this month'. :D
Let me do better - between Nov 6th and 13th!:D
more...
bikrambaitaal
09-10 11:05 PM
Based on my receipt numbers and looking up on USCIS website, it appears my AOS application that was sent to NSC has been sent to California Center. I have not seen anybody's case being sent to CSC. Dunno how good or bad it is and whether it sppeds up/delays my EAD processing. Anybody had experience with CSC and got any of EAD/AP/GC approved from CSC.
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nozerd
12-29 09:59 AM
Before I approach Ombudsman is it wise to get any sort of clearence or green signal from your lawyer ? Can you approach them directly without a lawyer ?
Thanks
Thanks
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DSLStart
08-09 07:36 PM
Wow dude you are impossible :D Good job though ;) Can you post your exact conversation in detail with second IO for benefit of us here.
I just called USCIS customer service to get it clarified for my case - applied 485 in July 07 and used AC21 in Aug 08. My 485 got approved Aug 6th 2010.
The first level officer said I am free switch. When I told that I have heard I have to stick to my current employer for 6 months or so, she put me on hold to check with supervisor. Then transferred me to 2nd level IO.
After almost 1hr wait, the second level IO confirmed I am free to switch. She got my receipt no and checked the status and mentioned I should get my card in week or two and I am free to switch.
Again, as mentioned I already invoked AC21. It will be good to hear from ppl who have not and if it makes any difference.
I just called USCIS customer service to get it clarified for my case - applied 485 in July 07 and used AC21 in Aug 08. My 485 got approved Aug 6th 2010.
The first level officer said I am free switch. When I told that I have heard I have to stick to my current employer for 6 months or so, she put me on hold to check with supervisor. Then transferred me to 2nd level IO.
After almost 1hr wait, the second level IO confirmed I am free to switch. She got my receipt no and checked the status and mentioned I should get my card in week or two and I am free to switch.
Again, as mentioned I already invoked AC21. It will be good to hear from ppl who have not and if it makes any difference.
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GCBy3000
01-10 04:42 PM
Any voluntary job is good in resume. The resume is to show how you are and what skills you have. Volunatary job shows that you are not the one who wants to be idle and also it shows that you have some intention to do service to the society. It is good to have those in resume and also it will help you a lot if you pursue MBA in future.
My wife is also doing voluntary job for more than a year and on side I had to pay for my child care. Still it is good as she gets some contacts, diversion from routine house hold activities and my kid gets to socialize with other kids.
Hi all,
Now H1 period no longer counts against H4 period. As H4 is allowed to do volunteer I work, I had taken up few Volunteer Projects and done some Open Source Projects for keeping my Skills updated.
Is it advisable to put all these expeience in resume, while applying for a new H1B or only professional experience should be shown on the resume.
Advice please.
My wife is also doing voluntary job for more than a year and on side I had to pay for my child care. Still it is good as she gets some contacts, diversion from routine house hold activities and my kid gets to socialize with other kids.
Hi all,
Now H1 period no longer counts against H4 period. As H4 is allowed to do volunteer I work, I had taken up few Volunteer Projects and done some Open Source Projects for keeping my Skills updated.
Is it advisable to put all these expeience in resume, while applying for a new H1B or only professional experience should be shown on the resume.
Advice please.
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nrk
10-27 08:56 AM
Sorry there was a typo in the application mailed in date it is 8/7/2007 and notice date is 9/26/2007.
as per the info u provided u'r...... mail dt is 8/17/07 & receipt dt is 9/26/07...... did u'r application reach cis after july visa bulletin..... if yes, then it appears that with u'r april-06 dt. the priority dt was not current when they received u'r app .... is that a possibility.....
as per the info u provided u'r...... mail dt is 8/17/07 & receipt dt is 9/26/07...... did u'r application reach cis after july visa bulletin..... if yes, then it appears that with u'r april-06 dt. the priority dt was not current when they received u'r app .... is that a possibility.....
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pasupuleti
02-08 01:55 PM
we are meeting Mike Honda's staff on 02-10-2006 @ 1.00 PM. This meeting is to educate the lawmakers about our issues & IV goals.
Mike Honda's office Address:
1999 South Bascom Ave
Suite 815
Campbell CA - 95008.
send me a private msg if you like to attend.
Mike Honda's office Address:
1999 South Bascom Ave
Suite 815
Campbell CA - 95008.
send me a private msg if you like to attend.
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tnite
08-09 10:51 PM
http://www.murthy.com/bulletin.html
Miss. Murthy reports that LS was rejected for some folks.
How does one get to know if his Labor Substitution was rejected? If a Receipt Notice was received does that mean that it was accepted? And, can they reject it later?
you missed the word "wrongly" rejected.
Miss. Murthy reports that LS was rejected for some folks.
How does one get to know if his Labor Substitution was rejected? If a Receipt Notice was received does that mean that it was accepted? And, can they reject it later?
you missed the word "wrongly" rejected.
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reddog
01-26 12:03 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
brilliant dude. nice reply.
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
brilliant dude. nice reply.
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walking_dude
11-21 03:29 PM
Our community needs to get this - We [through non-participation] are the problem, not others.
If folks had turned up in DC rally in 10,000-20,000, if equal number thousands had written letters to their Congressmen, if all of them had visited local offices, if hundreds of them had visited DC offices - we would have succeeded by now. Steve King or not.
We did nothing, except make those last minute calls. We gave the lawmakers suggestion for solution (pass HR xxxxx), without bothering to educate them what the problem is and how many are impacted. Results were there for everyone to see, Horses bill was put for discussion before ours, making it very easy for Mr. King to do his dirty work.
We shouldn't be complaining. I bet the horse lovers (animal rights activists) were more active and successful in educating the lawmakers than our community. Hence they got the precedence.
Point is there will be lawmakers like Rep King and Sen Sessions, who'll oppose any visa increase or recapture, rain or sunshine. There are also lawmakers who are sympathetic to us to balance them out. Our biggest hurdle is other lawmakers who don't have a stand on the issue. They are the majority and their vote can go either way. Our biggest hurdle is to reach out to these lawmakers, explain our problems and convince them that a sufficiently large number of their constituents are impacted.
If we succeed in doing that, our battle is won. No King or Sessions can stop us.
Good job on bringing this back to fire.
But one sad thing that Steve king of Iowa got reelected and he is ready to filibuster.
If folks had turned up in DC rally in 10,000-20,000, if equal number thousands had written letters to their Congressmen, if all of them had visited local offices, if hundreds of them had visited DC offices - we would have succeeded by now. Steve King or not.
We did nothing, except make those last minute calls. We gave the lawmakers suggestion for solution (pass HR xxxxx), without bothering to educate them what the problem is and how many are impacted. Results were there for everyone to see, Horses bill was put for discussion before ours, making it very easy for Mr. King to do his dirty work.
We shouldn't be complaining. I bet the horse lovers (animal rights activists) were more active and successful in educating the lawmakers than our community. Hence they got the precedence.
Point is there will be lawmakers like Rep King and Sen Sessions, who'll oppose any visa increase or recapture, rain or sunshine. There are also lawmakers who are sympathetic to us to balance them out. Our biggest hurdle is other lawmakers who don't have a stand on the issue. They are the majority and their vote can go either way. Our biggest hurdle is to reach out to these lawmakers, explain our problems and convince them that a sufficiently large number of their constituents are impacted.
If we succeed in doing that, our battle is won. No King or Sessions can stop us.
Good job on bringing this back to fire.
But one sad thing that Steve king of Iowa got reelected and he is ready to filibuster.
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perm2gc
12-20 12:11 PM
If someoe is on H1B then he converted to H4. Then He converted to H1B.
He didnot leave(USA) the country any time. How his time calculated.
Thanks
the time on H4 will not be counted.That is what the document is all about.
He didnot leave(USA) the country any time. How his time calculated.
Thanks
the time on H4 will not be counted.That is what the document is all about.
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abhijitp
08-28 06:21 PM
Here is the thread where you can request accomodation.
http://immigrationvoice.org/forum/showthread.php?t=12565
I'll shoot you an email.
I too am receiving a lot of these questions on about pick-ups/ drop-offs. Can you please start a thread for that purpose?
Some people will be arriving on the day of rally and returning right after the rally. If something can be done to pick them up/ drop them off, please let us know. Thanks!
http://immigrationvoice.org/forum/showthread.php?t=12565
I'll shoot you an email.
I too am receiving a lot of these questions on about pick-ups/ drop-offs. Can you please start a thread for that purpose?
Some people will be arriving on the day of rally and returning right after the rally. If something can be done to pick them up/ drop them off, please let us know. Thanks!
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fundo14
02-21 01:42 AM
No. I am not an employee of any of the companies named in H1B visa fraud last week. The current employer is my the sponserer of my H1 B visa and also my first employer . I did not change my employer.
This does sound strange, do you know what was the reason for this officer's visit to your employer two months back? also, i would suggest make sure all your paper work is fine, I mean LCA etc. indicating your correct place of work and right wages.
This does sound strange, do you know what was the reason for this officer's visit to your employer two months back? also, i would suggest make sure all your paper work is fine, I mean LCA etc. indicating your correct place of work and right wages.
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mygcstory
07-16 11:24 PM
But the EAD/AP is a good band aid indeed, for many
arthsidhu
10-10 02:11 AM
Blood suckers
smuggymba
05-12 10:09 AM
We as a community have not even done 5 % of the hard work that DREAM act advocates have done. So such provisions are well deserved by them for the hard work they have done. If we had done enough work for our provisions, there is no doubt our provisions would have seen the day. You need to do some search on all the DREAM act advocates have done in the last few years to reach where they are now. And then compare it our community effort and you will get the answers.
We recently had an advocacy day. How many of you contributed to it. We failed to even reach a modest budget goal for such a big event. So there is no point blaming undocumented. We need to first blame ourselves for doing nothing.
Only 200 ppl contributed and now 20 new memebers from July 2007 show up everyday in the prediction thread wanting to be current.
I believe there is a mini-advocacy in July - do we need to contribute for that. Any other details?
We recently had an advocacy day. How many of you contributed to it. We failed to even reach a modest budget goal for such a big event. So there is no point blaming undocumented. We need to first blame ourselves for doing nothing.
Only 200 ppl contributed and now 20 new memebers from July 2007 show up everyday in the prediction thread wanting to be current.
I believe there is a mini-advocacy in July - do we need to contribute for that. Any other details?
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