dpp
07-19 02:05 PM
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
I think desi3933 is correct. It is the employees responsibility to maintain the status and all the employee can do is to sue the employer for the pay. Even I am not sure about 30 day rule, but employee should be getting payed on H1B. Also it may only be necessary to prove the legal status since the last entry.
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
I think desi3933 is correct. It is the employees responsibility to maintain the status and all the employee can do is to sue the employer for the pay. Even I am not sure about 30 day rule, but employee should be getting payed on H1B. Also it may only be necessary to prove the legal status since the last entry.
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gc_on_demand
11-06 12:45 PM
Hey! Maybe instead of donating to IV, we could pool some money and get Baba's prediction on Visa movement. I'm sure his prediction would be just as worthwhile/less as Charles Oppenheim's!!!;)
Baba says donate to IV and work with IV that will give you GC faster other wise wait for 10 year . Will you now donate some ?
Baba says donate to IV and work with IV that will give you GC faster other wise wait for 10 year . Will you now donate some ?
sats123
06-19 10:26 PM
Chandu might be right.
Carlau, I looked into the database. Thats a very good info. I found the record and also title. Thanks for your help.
I will be getting my doctor's report shortly.
I did contact another law firm, they want a letter from employer.
Sats123, Chanduv23 is correct, also reading that with the paystubs you can avoid the employer letter saying that you work in such position and for such salary, finding out what position they used to file your labor (did you find it in the database on my previous post) and considering that you are about to get ripped off, it would be advisable that you go through that lawyer that someone was saying charges 1000 to file your papers and 500 for your spouse;
Did you get the medicals? I know it takes time now to get an appointment, and if you want to file the I-485 on your own, please ask if you have questions, I think you can get out of this trap and before the immigration rates hike on July 30th.
Carlau, I looked into the database. Thats a very good info. I found the record and also title. Thanks for your help.
I will be getting my doctor's report shortly.
I did contact another law firm, they want a letter from employer.
Sats123, Chanduv23 is correct, also reading that with the paystubs you can avoid the employer letter saying that you work in such position and for such salary, finding out what position they used to file your labor (did you find it in the database on my previous post) and considering that you are about to get ripped off, it would be advisable that you go through that lawyer that someone was saying charges 1000 to file your papers and 500 for your spouse;
Did you get the medicals? I know it takes time now to get an appointment, and if you want to file the I-485 on your own, please ask if you have questions, I think you can get out of this trap and before the immigration rates hike on July 30th.
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gcnj
02-12 05:39 PM
Hi Shana
I have question i'm planning to use ac21 ,but my current labor certification jon title code is 15-1031 (computer sepcialist engineer -Oracle) but my new job is DBA (application development -Oracle ) But the nature of the job responsibilites are same but i believe the Job code may change b'cos of the Title.
Do you think will this be a problem if i use AC21.
Your inputs will be greatly appreciated.
Thanks
GCNJ
I have question i'm planning to use ac21 ,but my current labor certification jon title code is 15-1031 (computer sepcialist engineer -Oracle) but my new job is DBA (application development -Oracle ) But the nature of the job responsibilites are same but i believe the Job code may change b'cos of the Title.
Do you think will this be a problem if i use AC21.
Your inputs will be greatly appreciated.
Thanks
GCNJ
more...
lordoftherings
07-17 12:13 PM
I would not call you pessimistic. You are SELFISH. Sure you do not share the same enthu because this announcement does not offer you anything. Grow up and feel for others. Everyone knows that there will be a backlog and that is an issue we have to deal with once we get there.
You are more SELFISH than anybody else and you lack farsight. You are the one just thinking about yourself only. What will happen to all those old guys whose labour is stuck in backlog centers. If they can't get to file this month, they have to wait for another 6 yrs before visas become available. What will happen to new filers who plan to file GC soon. They have to wait forever.
You are more SELFISH than anybody else and you lack farsight. You are the one just thinking about yourself only. What will happen to all those old guys whose labour is stuck in backlog centers. If they can't get to file this month, they have to wait for another 6 yrs before visas become available. What will happen to new filers who plan to file GC soon. They have to wait forever.
amit_p27
06-26 12:36 PM
Ok all this Dharmic moralistic talk was highly unwanted.
Congrats on the news and thanks for trying to be united.
you are most welcome :)
god bless you !!!!!!!!!
Congrats on the news and thanks for trying to be united.
you are most welcome :)
god bless you !!!!!!!!!
more...
cjagtap
08-01 12:12 PM
great let me know once you see any activity..my 140 too was approved from TSC,how bout u?
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ilwaiting
01-31 12:58 PM
This is ridiculous. Looks like, They want to increse the fees to collect money for border security, to build the fence on the border. Pretty sure they wouldnt use this money for speedig up the processing times for applications.
Form No. Current Fee Proposed Fee Difference
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
Form No. Current Fee Proposed Fee Difference
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
more...
lostinbeta
02-05 04:46 PM
EG switched hosts and servers since then :-\
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aachoo
01-05 11:36 PM
In several responses people have compared MBA and PMP, I don't these two are comparable. Any thoughts?
I am not sure why the 2 are being compared. One is a professional degree while the other is a certification. MBA prepares you (in theory) for several different jobs (marketing, finance, ops, general mgmt etc.) while PMP is primarily to "check the box" on program management. With all due respect to the PMPs (and other PM credentials) I havent seen any additional skills that PMP provides.
Yes- I have an MBA and a PM certification and work with several IT PMs/techies but an not in IT myself.
-a
I am not sure why the 2 are being compared. One is a professional degree while the other is a certification. MBA prepares you (in theory) for several different jobs (marketing, finance, ops, general mgmt etc.) while PMP is primarily to "check the box" on program management. With all due respect to the PMPs (and other PM credentials) I havent seen any additional skills that PMP provides.
Yes- I have an MBA and a PM certification and work with several IT PMs/techies but an not in IT myself.
-a
more...
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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rsrikant
08-10 10:45 AM
who cheated whom? come on diptam. you have been here for so long...
you can not talk like that... people look forward to get advise from guys like you. not hatred..
your company/employer cheated you. not anybody else... please rethink about it.
You dont need to knock anyones door - I'll proactively go to anyone who used a "Labor Subs" and call them a Cheat because they have cheated someone else's Property and Dream.
Its gone but i'm personally a victim of that - My 1st Labor was traded in the Market for certain US dollars... The legislation was not there - otherwise i did have sufficient Proof and resources to take care of that cheat company.
you can not talk like that... people look forward to get advise from guys like you. not hatred..
your company/employer cheated you. not anybody else... please rethink about it.
You dont need to knock anyones door - I'll proactively go to anyone who used a "Labor Subs" and call them a Cheat because they have cheated someone else's Property and Dream.
Its gone but i'm personally a victim of that - My 1st Labor was traded in the Market for certain US dollars... The legislation was not there - otherwise i did have sufficient Proof and resources to take care of that cheat company.
more...
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gc_check
05-12 03:35 PM
DREAM Act continues to be a "Dream" @least for now !!!
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shreekhand
04-22 08:34 PM
Totally agree that an average cop would have no idea about approved H1-B petition, AOS etc. and would be a big training issue.
But... your experience with the consular officer., not quite surprised. Being a Dept of State employee, she has no reason to know nor has mandate on immigration enforcement laws or their intricacies. That is the arena of the DHS. Somehow, for us DHS/DOS is all one.
You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
But... your experience with the consular officer., not quite surprised. Being a Dept of State employee, she has no reason to know nor has mandate on immigration enforcement laws or their intricacies. That is the arena of the DHS. Somehow, for us DHS/DOS is all one.
You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
more...
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ddeka
11-06 12:56 PM
If your attorney filed your case, then:
EAD is sent directly you
FP is sent to you and your attorney
AP is sent to your attorney.....
All these are sent by USCIS via regular mail.....
Your attorney might have sent the AP documents to you via DHL...
No - It came to me directly from Texas Service Center. My Lawyer didn't even know - I informed them. All three EAD/AP/FP directly came to me except receipt notice which were sent to my Lawyer
EAD is sent directly you
FP is sent to you and your attorney
AP is sent to your attorney.....
All these are sent by USCIS via regular mail.....
Your attorney might have sent the AP documents to you via DHL...
No - It came to me directly from Texas Service Center. My Lawyer didn't even know - I informed them. All three EAD/AP/FP directly came to me except receipt notice which were sent to my Lawyer
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coloniel60
08-14 06:23 AM
This is called OBSSESSIVE COMPULSIVE DISORDER
Thanks doc for the prognosis. I have said this before and I will say it again that all this is USCIS fault. They are the ones who are taking 90 days to issue recipt notices. They are the ones who are not following FIFO in issuing recipt notices. They are the ones who said that they have processed all applications received before July 1 but have not cashed checks for my application which was mailed on June 11th.
On a lighter note what you are doing with those you tube videos is also OBSSESSIVE COMPULSIVE (DIS)ORDER except that it's for something good.
Thanks doc for the prognosis. I have said this before and I will say it again that all this is USCIS fault. They are the ones who are taking 90 days to issue recipt notices. They are the ones who are not following FIFO in issuing recipt notices. They are the ones who said that they have processed all applications received before July 1 but have not cashed checks for my application which was mailed on June 11th.
On a lighter note what you are doing with those you tube videos is also OBSSESSIVE COMPULSIVE (DIS)ORDER except that it's for something good.
more...
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jonty_11
05-15 11:35 AM
I have been calling my state and other states too as I get time. I will do that for this Bill as well.
I think this one is critical in that it will get many folks out of the picture/queue.
I think this one is critical in that it will get many folks out of the picture/queue.
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nissan_1
01-27 10:10 AM
I have send the letter to President...
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amitga
06-24 02:30 PM
Schumer Says Immigration Reform Will Happen - Roll Call (http://www.rollcall.com/news/36228-1.html)
Sen. Charles Schumer (D-N.Y.) maintained Wednesday that Congress will tackle comprehensive immigration reform this Congress, and perhaps even this year.
�All of the fundamental building blocks are in place to pass comprehensive immigration reform this session and, even possibly, later this year,� Schumer, the No. 3 Democratic leader, said during a speech before the Migration Policy Institute.
Schumer, chairman of the Judiciary Subcommittee on Immigration, Refugees and Border Security, outlined key principles that must be part a reform bill, including strong enforcement of illegal immigration, an employer-based verification system and a direct path to citizenship.
The Democratic Conference vice chairman, who will join a group of lawmakers at the White House on Thursday for a summit on immigration, underscored �the intensity for solving this problem once and for all� this year. Majority Leader Harry Reid (D-Nev.) has similarly suggested that immigration must be tackled sooner rather than later.
�I have no doubt that President Obama has an unyielding commitment to achieving comprehensive immigration reform,� Schumer said. �And I truly believe that his leadership will be the critical difference in getting us over the hump this time around.�
Schumer said the last legislative attempt in the 110th Congress failed because it wasn�t strong enough in clamping down on illegal immigration. This year, he said, that issue must be a top priority.
�I think on the part of the left, there�s an understanding that unless we convince American we�re going to be really tough ... it�s the only way to do it,� Schumer said.
With Republican losses among immigrant voters in the last election, Schumer said the GOP has an interest in moving on a reform bill as well.
Reid said Tuesday that immigration remains a top priority this year � just behind health care reform and climate change legislation. He said he has spoken with White House officials on the matter, and despite a packed schedule that includes appropriations bills and a Supreme Court confirmation, the Majority Leader said he has the votes and the support to take on another complex issue this year. Obama, for his part, has said he wants to get negotiations rolling on immigration but hasn�t laid out a timetable for passing a reform package.
Sen. Charles Schumer (D-N.Y.) maintained Wednesday that Congress will tackle comprehensive immigration reform this Congress, and perhaps even this year.
�All of the fundamental building blocks are in place to pass comprehensive immigration reform this session and, even possibly, later this year,� Schumer, the No. 3 Democratic leader, said during a speech before the Migration Policy Institute.
Schumer, chairman of the Judiciary Subcommittee on Immigration, Refugees and Border Security, outlined key principles that must be part a reform bill, including strong enforcement of illegal immigration, an employer-based verification system and a direct path to citizenship.
The Democratic Conference vice chairman, who will join a group of lawmakers at the White House on Thursday for a summit on immigration, underscored �the intensity for solving this problem once and for all� this year. Majority Leader Harry Reid (D-Nev.) has similarly suggested that immigration must be tackled sooner rather than later.
�I have no doubt that President Obama has an unyielding commitment to achieving comprehensive immigration reform,� Schumer said. �And I truly believe that his leadership will be the critical difference in getting us over the hump this time around.�
Schumer said the last legislative attempt in the 110th Congress failed because it wasn�t strong enough in clamping down on illegal immigration. This year, he said, that issue must be a top priority.
�I think on the part of the left, there�s an understanding that unless we convince American we�re going to be really tough ... it�s the only way to do it,� Schumer said.
With Republican losses among immigrant voters in the last election, Schumer said the GOP has an interest in moving on a reform bill as well.
Reid said Tuesday that immigration remains a top priority this year � just behind health care reform and climate change legislation. He said he has spoken with White House officials on the matter, and despite a packed schedule that includes appropriations bills and a Supreme Court confirmation, the Majority Leader said he has the votes and the support to take on another complex issue this year. Obama, for his part, has said he wants to get negotiations rolling on immigration but hasn�t laid out a timetable for passing a reform package.
tikka
03-23 02:31 PM
NYC members - please respond to me. Lets coordinate on this.
I am from NYC.
Also, I did update my contact info on the yahoo group you setup.
I am from NYC.
Also, I did update my contact info on the yahoo group you setup.
HarshJ
10-02 03:45 PM
As a follow up, got a faxed copy of the "Receipt Notice" for self and spouse from lawyer for I-485. The Receipt Notice's receipt date is as expected Jul 23rd.
So as members correctly stated that Receipt Notice's date is what matters.
So as members correctly stated that Receipt Notice's date is what matters.
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