morpheus
04-02 09:44 PM
So if (for example) an H1B worked in the US for a few weeks before their visa became available, are they technically eligible for this? Or perhaps they were out of status for a week or two between jobs? I'm sure many H1's might have been in this situation. It's unclear who this applies to.
I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.
`(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--
``(A) was physically present in the United States before January 7, 2004; and
``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.
I read one summary of the bill that claims 'The alien also must acknowledge, under oath, that the alien is unlawfully present and subject to removal or deportation.' but this is at the time of application - not in the past. So technically this could still apply to many people. I haven't been able to find this clause in the actual bill though.
From what I have read, if this bill passes it may just turn out that an H1B could quit their employer tomorrow, go and join another employer without filing an H1 transfer and file under 218D in the next year. Since they are technically eligible for 218D at this point, they could move straight to a green card without the current massive backlogs. Also, the 218D status has job mobility, and no LCA is required.
Can anyone refute this?
I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.
`(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--
``(A) was physically present in the United States before January 7, 2004; and
``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.
I read one summary of the bill that claims 'The alien also must acknowledge, under oath, that the alien is unlawfully present and subject to removal or deportation.' but this is at the time of application - not in the past. So technically this could still apply to many people. I haven't been able to find this clause in the actual bill though.
From what I have read, if this bill passes it may just turn out that an H1B could quit their employer tomorrow, go and join another employer without filing an H1 transfer and file under 218D in the next year. Since they are technically eligible for 218D at this point, they could move straight to a green card without the current massive backlogs. Also, the 218D status has job mobility, and no LCA is required.
Can anyone refute this?
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krishmunn
01-18 10:54 AM
I dont think it is reasonable amount if it is 15k then why the employer will bother for a H1 in the first place in this volatile economy...I think it is around 4000k etc
4K (I am sure you meant 4 K not 4000 K :) ) is also high. Most Attorneys like Khanna, Murthy charge between 2 - 3 K.
4K (I am sure you meant 4 K not 4000 K :) ) is also high. Most Attorneys like Khanna, Murthy charge between 2 - 3 K.
gconmymind
08-05 05:58 PM
I am not sure this will count as an illegal behavior. Of course, I am not a lawyer. But companies typically ask for relocation reimburesement and lawyer expenses, etc. to be paid back pro-rated, in case the employee leaves within a year or so.
Again, this is not really asking for money for labor, but just making sure that the company gets their expenses back in case employee leaves within an year.
Btw, I do not have any such agreement with my company. But I think this is standard. Unfair, maybe. Illegal? I dont know....
Again, this is not really asking for money for labor, but just making sure that the company gets their expenses back in case employee leaves within an year.
Btw, I do not have any such agreement with my company. But I think this is standard. Unfair, maybe. Illegal? I dont know....
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perm2gc
06-11 12:18 PM
Mr. Sanju,
We are all aware of what going on at the Senate floor and also about the ammendments that put forth on the floor. So my question is clear anc simple what ammendment is supported by CORE IV and what are we looking for.
Because the passing of the current version of the bill will effect all the old cases which many people are in and I wont allow that to happen. I will try my best to avoid this situation to happen. Even though i have a MAster in engineering I will not support SKIL progran that will void the previously pending cases. Good try core IV yto make member to work towards the betterment of few people You know what such people are called" SELFFISH". Guys beware on whaT ACTIONS YOU ARE DOING SO THAT YOU WONT REPENT.
Cannot you read english and don't you understand.Read about the bill and IV's position on the bill in forum or search the forum.
We will not repent what ever happens.Atleast we are not giving up without fighting like you..Don't warn us about IV..if you don't trust IV..don't login here..
We are all aware of what going on at the Senate floor and also about the ammendments that put forth on the floor. So my question is clear anc simple what ammendment is supported by CORE IV and what are we looking for.
Because the passing of the current version of the bill will effect all the old cases which many people are in and I wont allow that to happen. I will try my best to avoid this situation to happen. Even though i have a MAster in engineering I will not support SKIL progran that will void the previously pending cases. Good try core IV yto make member to work towards the betterment of few people You know what such people are called" SELFFISH". Guys beware on whaT ACTIONS YOU ARE DOING SO THAT YOU WONT REPENT.
Cannot you read english and don't you understand.Read about the bill and IV's position on the bill in forum or search the forum.
We will not repent what ever happens.Atleast we are not giving up without fighting like you..Don't warn us about IV..if you don't trust IV..don't login here..
more...
danu2007
08-21 09:26 AM
Congratulations.:)
permfiling
12-15 02:19 PM
I am the same boat. My wife got her card wheras I got a response to the SR we raised that my card was sent the same day as my 485 approval notice and it might been lost in mail. I was asked to file I-90. I called customer service several times and talked to 2nd level IO and all suggested to file I-90. I took infopass but gave a shot again by talking to 2nd level IO who went over my case and said that my card was never created so she raised a SR.
My previous SR was raised by officer at the local uscis office who mentioned non delivery of PR cards which i don't think is the correct request. Now I have to pray and hope they create the card or have to file I-90
My previous SR was raised by officer at the local uscis office who mentioned non delivery of PR cards which i don't think is the correct request. Now I have to pray and hope they create the card or have to file I-90
more...
fromnaija
07-20 04:34 PM
You will need to file an immigrant petition (Form I-130) for your child and wait for its approval. Your child will have to wait overseas until his/her priority is current. Thereafter, there will be some form of consular processing and the child will obtain an immigrant visa. Thereafter you can bring your child to the USA. It is a long process......
Caveat: I am not an attorney. You may want to confirm this solution with your lawyer.
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
Caveat: I am not an attorney. You may want to confirm this solution with your lawyer.
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
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ssdtm
02-08 08:11 PM
NCR Region
Sr Developer / Lead Developer (7-15yrs exp) - 8 - 15 lakhs
Project Manager (10-15yrs exp) - 10-20 lakhs
Above this level, the jobs are far and few, but some are
Principal Consultant / Program Manager (in cos like Wipro, Infy, HP) (12- 18 yrs exp) - 18-28 lakhs
Also note, just because someone has worked in US for a few years does not get any advantage above Project Manager level.
Information based on many well placed contacts at these levels.
Sr Developer / Lead Developer (7-15yrs exp) - 8 - 15 lakhs
Project Manager (10-15yrs exp) - 10-20 lakhs
Above this level, the jobs are far and few, but some are
Principal Consultant / Program Manager (in cos like Wipro, Infy, HP) (12- 18 yrs exp) - 18-28 lakhs
Also note, just because someone has worked in US for a few years does not get any advantage above Project Manager level.
Information based on many well placed contacts at these levels.
more...
ajay
02-10 10:14 AM
US experience won't count much unless you are from fortune 500 company. These days anyone even with Aptech certificate can get a chance to come and work in USA on L visa for short assignments. So if your experience is in a desi consulting firm, I do not think your resume will be attractive.
The figures shown are all looking good for experienced people in good companies. But it is not easy to get jobs as senior people in top companies. Also remember you have to work much more than you work here. You also have to work on Saturdays in a lot of companies. If your clients are in USA you may also need work in the night too to interact with your people in USA. Also remember in small companies you rarely get to do cutting edge world class work or new idea or planning. You will hardly learn or get special trainings.
Grass is always green on the other side
I was reading this thread and found something that I haven't found here also. In US also I haven't found any companies give much exposure to consultants for world class work or new idea or planning. I also haven't found any companies that provide special training to the consultants.
Fortune 500 companies may be an exception though from the above.
What I feel is it all depends on the individual how much of exposure one can get regardless where s/he is working. Technology is seamless and it is available from anywhere.
The figures shown are all looking good for experienced people in good companies. But it is not easy to get jobs as senior people in top companies. Also remember you have to work much more than you work here. You also have to work on Saturdays in a lot of companies. If your clients are in USA you may also need work in the night too to interact with your people in USA. Also remember in small companies you rarely get to do cutting edge world class work or new idea or planning. You will hardly learn or get special trainings.
Grass is always green on the other side
I was reading this thread and found something that I haven't found here also. In US also I haven't found any companies give much exposure to consultants for world class work or new idea or planning. I also haven't found any companies that provide special training to the consultants.
Fortune 500 companies may be an exception though from the above.
What I feel is it all depends on the individual how much of exposure one can get regardless where s/he is working. Technology is seamless and it is available from anywhere.
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Maverick1
11-13 05:08 PM
I asked her if it is change of address they sent she is not sure but she said usually it is the card when Current Status: is "Document mailed to applicant."
She put in a service request for me and she some one is going to contact me in 30 business days.
Goodluck.
Since you are EB3/2004/India it is probably not I485 approval unless you got EXTREMELY lucky and they processed your application out of turn.
She put in a service request for me and she some one is going to contact me in 30 business days.
Goodluck.
Since you are EB3/2004/India it is probably not I485 approval unless you got EXTREMELY lucky and they processed your application out of turn.
more...
Ann Ruben
01-23 01:24 AM
Do you have any idea why the petition was denied? Was there an RFE? Appeals of H-1 denials are generally taking more than a year, and are rarely successful. Quickly filing a new and extremely well documented H-1 petition with a request for premium processing is really your best option. Note that if the new petition is approved you will have to leave the US and get a new H-1 visa before you can re-enter and resume legal work authorized status.
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RDB
01-09 12:38 PM
This is probably not true - you can always show the landing stamp (of your destination country) to prove that you were out of US. Every country will stamp your passport on arrival.
It means that on paper you never left the US. In the meantime if your I-94 expired, you would technically be out of status in the US.
It means that on paper you never left the US. In the meantime if your I-94 expired, you would technically be out of status in the US.
more...
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asanghi
02-09 12:39 AM
USCIS has been sued by Citizenship hopefuls for a reason which applies to us all. The process took longer time than expected.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/02/08/BAG7QO1AN18.DTL
What if we sue USCIS, if not USCIS then some other Fed agency. Least of all, it capture the nation's attention that IV badly needs and make it a mainstream issue just like illegal immigration.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/02/08/BAG7QO1AN18.DTL
What if we sue USCIS, if not USCIS then some other Fed agency. Least of all, it capture the nation's attention that IV badly needs and make it a mainstream issue just like illegal immigration.
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gcformeornot
04-06 02:07 PM
For those who have Labor Sub and used AC21 to port employer....read on...
The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends (http://cyrusmehta.blogspot.com/)
The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends (http://cyrusmehta.blogspot.com/)
more...
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prem_goel
12-03 10:15 PM
Many congratulations. I will appreciate if you can share your experience in detail.
1)The documents you carried along with you.
2)Hotel where you stayed
3)Did you have the tourist visa for mexico?
4)Did you get H1B for 3 years or less?
5)Questions VO asked.
Thanks.
1> just carried the usual documents required, job letter, tax returns, I-129, LCA, Paystubs etc. I also carried whatever documentation I could find for my previous employers like experience letter, last few paystubs etc. Also original of degrees/transcripts.
2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)
3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.
4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.
5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.
It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.
1)The documents you carried along with you.
2)Hotel where you stayed
3)Did you have the tourist visa for mexico?
4)Did you get H1B for 3 years or less?
5)Questions VO asked.
Thanks.
1> just carried the usual documents required, job letter, tax returns, I-129, LCA, Paystubs etc. I also carried whatever documentation I could find for my previous employers like experience letter, last few paystubs etc. Also original of degrees/transcripts.
2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)
3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.
4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.
5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.
It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.
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jayleno
10-13 05:19 PM
While I feel your pain, I still have a question:
How can you expect them to reach new goals when they are not even reaching their existing golas?
For example,
Honoring the priority date,
Processing in sequence,
Approving in the expected 90 days,
....
...
..
bottom less list.
Well you are correct I am trying to draw attention because as a saying "you will only know the pain when you walk the line". My company attorneys delayed the filings. I am not blaming anyone but myself. However, the fact of the matter is to find out a way to address this issue which is going to help everyone else. I do not knonw how long my particular case might take but since I am in the process I understood the issue.
First, when you apply in advance, yeah the possibility of approval before existing application expiration is very high. But you will end up loosing the EAD period from the date of approval to the date of last expiration. This is a loss for us.
Second, a renewal should only take less time as it takes for Drivers license. It is not AP where they have to validate your last entry etc etc.
EAD renewal adjudication should be separate from rest of all application processing and should shrink the timline.
Imagine my case. My wife was searching for jobs since her first EAD and now she got one but lack of EAD is going to cause her to loose it.....
How can you expect them to reach new goals when they are not even reaching their existing golas?
For example,
Honoring the priority date,
Processing in sequence,
Approving in the expected 90 days,
....
...
..
bottom less list.
Well you are correct I am trying to draw attention because as a saying "you will only know the pain when you walk the line". My company attorneys delayed the filings. I am not blaming anyone but myself. However, the fact of the matter is to find out a way to address this issue which is going to help everyone else. I do not knonw how long my particular case might take but since I am in the process I understood the issue.
First, when you apply in advance, yeah the possibility of approval before existing application expiration is very high. But you will end up loosing the EAD period from the date of approval to the date of last expiration. This is a loss for us.
Second, a renewal should only take less time as it takes for Drivers license. It is not AP where they have to validate your last entry etc etc.
EAD renewal adjudication should be separate from rest of all application processing and should shrink the timline.
Imagine my case. My wife was searching for jobs since her first EAD and now she got one but lack of EAD is going to cause her to loose it.....
more...
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ganguteli
04-08 05:14 PM
Winner - Thanks for the recommendation. You should have stopped right there. I ask questions to understand how it functions and whats going on. If you dont know the answer. Just be quiet. Stop making smartass comments. I dont have time go back and forth on it.
You don't have time but you expect others to have time to read your smartass posts? Huh
You don't have time but you expect others to have time to read your smartass posts? Huh
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GC_SUCK
11-02 11:03 AM
As per my knowledge, GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.
Plz. correct if I am wrong.
My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.
Plz. correct if I am wrong.
My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.
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cagedcactus
06-11 12:53 PM
Hmmm....
If you watched the way he won last two terms as President, you wouldnt doubt anything about this man. If he says "see you at the bill signing", then he WILL see you at the bill signing.
We better move quick and start pulling every string that is in our control, or else it will be too late.
If you watched the way he won last two terms as President, you wouldnt doubt anything about this man. If he says "see you at the bill signing", then he WILL see you at the bill signing.
We better move quick and start pulling every string that is in our control, or else it will be too late.
nixstor
04-19 10:52 AM
Thanks for the wonderful pointers that can enlighten people.
vijjus
06-11 12:40 PM
http://www.nytimes.com/2007/06/11/world/europe/11cnd-prexy.html?hp
SOFIA, Bulgaria, June 11 � As he heads home from an eight-day European swing to face a hostile Congress, President Bush lashed out today at Democrats for scheduling a vote of no confidence on his attorney general, and vowed to get his stalled immigration legislation passed, saying, �I�ll see you at the bill signing.�
SOFIA, Bulgaria, June 11 � As he heads home from an eight-day European swing to face a hostile Congress, President Bush lashed out today at Democrats for scheduling a vote of no confidence on his attorney general, and vowed to get his stalled immigration legislation passed, saying, �I�ll see you at the bill signing.�
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