dkin007
01-19 10:15 AM
I will contribute to fight this in all possible ways.
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gctex
02-11 05:41 PM
I guess the confusion about the future employer being unable to extend the H1 after one enters on AP may have come a couple of responses on Murthy's forum:
http://www.murthy.com/chatlogs/ch071006_P.html
Chat User : I changed jobs. H1B transfer was approved in the U.S. (no visa stamp). Can I keep H-1 status if using AP to travel?
Attorney Murthy : A person may reenter on the AP status and is legally allowed to extend H1B status after that in the U.S. but cannot be on H1B status if the person entered as a parolee. A person has to enter on the H1B status to be in H1B status but is allowed to file an H1B extension if s/he continues to work for the H1B sponsoring employer.
Chat User : Informative website, Murthyji. Thanks for the service. Once the EAD is approved, what do you have to do to change from H1B to EAD? Is approval status on the USCIS WebSite enough or do we have to receive it?
Attorney Murthy : A person has to receive the EAD in order to work for a new employer on the EAD. Merely having an approval notice or seeing the approval status on the USCIS WebSite is not sufficient to be able to work legally on the EAD. A person does not need to do anything to switch from H1B to EAD. Merely by working for another employer on an EAD, a person is deemed to abandon the H1B status and opt for the EAD, unless the person requests the new employer to file an H1B petition extension with the new employer, in which case a person maintains both statuses at the same time, which is legally permissible. Only after travel abroad and reentering the U.S., a person has to choose to enter as a parolee or on H1B status, but, then, as stated above, one may revert to H1B status by filing an H1B extension even if one enters as a parolee, if one is still working for the same H1B employer.
http://www.murthy.com/chatlogs/chat1124_P.html
http://www.murthy.com/chatlogs/ch071006_P.html
Chat User : I changed jobs. H1B transfer was approved in the U.S. (no visa stamp). Can I keep H-1 status if using AP to travel?
Attorney Murthy : A person may reenter on the AP status and is legally allowed to extend H1B status after that in the U.S. but cannot be on H1B status if the person entered as a parolee. A person has to enter on the H1B status to be in H1B status but is allowed to file an H1B extension if s/he continues to work for the H1B sponsoring employer.
Chat User : Informative website, Murthyji. Thanks for the service. Once the EAD is approved, what do you have to do to change from H1B to EAD? Is approval status on the USCIS WebSite enough or do we have to receive it?
Attorney Murthy : A person has to receive the EAD in order to work for a new employer on the EAD. Merely having an approval notice or seeing the approval status on the USCIS WebSite is not sufficient to be able to work legally on the EAD. A person does not need to do anything to switch from H1B to EAD. Merely by working for another employer on an EAD, a person is deemed to abandon the H1B status and opt for the EAD, unless the person requests the new employer to file an H1B petition extension with the new employer, in which case a person maintains both statuses at the same time, which is legally permissible. Only after travel abroad and reentering the U.S., a person has to choose to enter as a parolee or on H1B status, but, then, as stated above, one may revert to H1B status by filing an H1B extension even if one enters as a parolee, if one is still working for the same H1B employer.
http://www.murthy.com/chatlogs/chat1124_P.html
KanME
07-19 04:36 PM
Great Idea..how can this be done without being a tax liability for Aman?
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husker
07-19 06:32 PM
I am sorry, not a computer guy, but can mass mailing for funding alerts from IV be possible to "loyal customers only"? I am not sure I am giving the right idea/ thought. But what I am thinking is lets say this Administrative cost re-imbursment works, can we send to selected 1000- 2000 non-core member like anzerraja or khodalmd (for example) and ask them to send money? Like how these sticky works...just a solid click and send money sticky. Or I dont know ask everyone...see how many people come in and divide the money...it can be 100 or more.
more...
fasterthanlight�
06-07 11:07 AM
Skinning the wheel is too easy, all you have to do is plop the graphic down and set the blending accordingly. Leaving the wheel stock makes it harder because you gotta get the elliptical out.
Macaca
11-27 01:21 PM
From The amero conspiracy Behind closed doors, a secret cabal is planning the end of the United States as we know it. Inside a paranoid vision for our time By Drake Bennett | Boston Globe, November 25, 2007: 1 (http://immigrationvoice.org/forum/showpost.php?p=198390&postcount=479) 2 (http://immigrationvoice.org/forum/showpost.php?p=198390&postcount=480)
Corsi's warning cry and gift for detail have given the theory traction in circles where anxieties about immigration and corporate oligarchy intersect. Lou Dobbs, whose CNN show portrays both free trade and increased immigration as sops to multinational corporations and body blows to the middle class, has devoted investigative segments to the NAU, the amero, and the NAFTA Superhighway.
From How Trade Breakthrough Almost Broke Down in Congress (http://immigrationvoice.org/forum/showpost.php?p=198072&postcount=460) By Juliet Eilperin | Washington Post Staff Writer, November 22, 2007
Rangel said, adding that opponents of free trade on CNN and elsewhere have effectively linked recent U.S. job losses to trade pacts. "It's the Lou Dobbs thing: 'It's all due to trade.' "
Corsi's warning cry and gift for detail have given the theory traction in circles where anxieties about immigration and corporate oligarchy intersect. Lou Dobbs, whose CNN show portrays both free trade and increased immigration as sops to multinational corporations and body blows to the middle class, has devoted investigative segments to the NAU, the amero, and the NAFTA Superhighway.
From How Trade Breakthrough Almost Broke Down in Congress (http://immigrationvoice.org/forum/showpost.php?p=198072&postcount=460) By Juliet Eilperin | Washington Post Staff Writer, November 22, 2007
Rangel said, adding that opponents of free trade on CNN and elsewhere have effectively linked recent U.S. job losses to trade pacts. "It's the Lou Dobbs thing: 'It's all due to trade.' "
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DesiGuy
09-17 12:11 PM
doesnt look good for 6020 - most abstained or voting no..
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roseball
04-18 09:43 PM
Hearty congratulations! Your story is most heart warming
Mind mentioning your degree/qualifications? I am looking out for people like me who have successfully ported ...
Thanks
Here are my case details as well.
Came to US in Aug 1999 on F-1 after B.Tech. Graduated with MS (Telecom) in Dec 2000. Joined a major telecom firm immediately after graduation. My first EB-3 labor was filed in Dec 2001 (Non-RIR) but employer withdrew it because of lay-offs. Employer filed again in Nov'03 (Non-RIR again) and it was approved in March 2007 (after RIR conversion in Jan 2007) by Dallas BEC, followed by I-140 approval (March 2007) and I-485 filing in July 2007. Though my job required a MS degree, my employer could not file in EB-2 as there were people in my team with just Bachelors degree when they joined the company 10-15 yrs ago and lawyer did not advise employer to file in EB-2 as EB-3 was current those days......After surviving 12 rounds of lay-offs, no job security whatsoever throughout and fed up with EB3 process, I changed jobs after 8.5 yrs (July 2009) and my new job required a minimum of MS + 6 yrs of experience and fortunately my new employer (another large company) had no issues re-starting the process again. I work in Mobile Communications R&D (developing networks which support smart phones (2G/3G and now 4G-LTE technology) have been in this field since Jan 2001) and here are my EB-2 case details:
Joined new employer in July 2009
PERM Prep work took 6 months
EB2 PERM filed: March 30th, 2010 (MS + 6 yrs or BS + 8 yrs as min requirements)
EB2 PERM approved: Aug 11th, 2010
EB2 I-140 filed: Aug 27th, 2010 (Premium Processing, EB3 I-140 approval copy enclosed with request to Port EB3 PD)
EB2 I-140 and I-485 approved concurrently on Sep 3rd, 2010
Cards received Sep 7th, 2010
Hope this helps.
Mind mentioning your degree/qualifications? I am looking out for people like me who have successfully ported ...
Thanks
Here are my case details as well.
Came to US in Aug 1999 on F-1 after B.Tech. Graduated with MS (Telecom) in Dec 2000. Joined a major telecom firm immediately after graduation. My first EB-3 labor was filed in Dec 2001 (Non-RIR) but employer withdrew it because of lay-offs. Employer filed again in Nov'03 (Non-RIR again) and it was approved in March 2007 (after RIR conversion in Jan 2007) by Dallas BEC, followed by I-140 approval (March 2007) and I-485 filing in July 2007. Though my job required a MS degree, my employer could not file in EB-2 as there were people in my team with just Bachelors degree when they joined the company 10-15 yrs ago and lawyer did not advise employer to file in EB-2 as EB-3 was current those days......After surviving 12 rounds of lay-offs, no job security whatsoever throughout and fed up with EB3 process, I changed jobs after 8.5 yrs (July 2009) and my new job required a minimum of MS + 6 yrs of experience and fortunately my new employer (another large company) had no issues re-starting the process again. I work in Mobile Communications R&D (developing networks which support smart phones (2G/3G and now 4G-LTE technology) have been in this field since Jan 2001) and here are my EB-2 case details:
Joined new employer in July 2009
PERM Prep work took 6 months
EB2 PERM filed: March 30th, 2010 (MS + 6 yrs or BS + 8 yrs as min requirements)
EB2 PERM approved: Aug 11th, 2010
EB2 I-140 filed: Aug 27th, 2010 (Premium Processing, EB3 I-140 approval copy enclosed with request to Port EB3 PD)
EB2 I-140 and I-485 approved concurrently on Sep 3rd, 2010
Cards received Sep 7th, 2010
Hope this helps.
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gcsomeday
07-12 04:17 PM
I am not sure what you mean by dont worry. For me personally paying $4000 out of pocket under my current circumstances is a lot. I agree,the PD may not become current soon unless something weird happens. But I am pointing out the fact that it is not a simple decision for most especially where companies or families with resource limitations are involved.
I really dont see how people are treating this 'holding' as a sign of good things to come. It may be, but the probability is very small. This move is more to fortify their moves by screwing us more.
I really dont see how people are treating this 'holding' as a sign of good things to come. It may be, but the probability is very small. This move is more to fortify their moves by screwing us more.
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anzerraja
07-19 07:39 PM
There is a funding drive in this other thread towards reimbursing Aman's expenses.
http://immigrationvoice.org/forum/sh...874#post125874
Could you please pledge an amount ?
And what about the time Aman and the core team has put into this whole effort....it can never be earned back...and hence NOT at all quantifiable...and I wouldn't even attempt at adding that up...
Thanks Aman and the whole team.....you guys are making a difference in the lives of so many people...
Now, everyone else roll up your sleeves and contribute...money, time, whatever you can for the cause..and Thank the team in your own style.
http://immigrationvoice.org/forum/sh...874#post125874
Could you please pledge an amount ?
And what about the time Aman and the core team has put into this whole effort....it can never be earned back...and hence NOT at all quantifiable...and I wouldn't even attempt at adding that up...
Thanks Aman and the whole team.....you guys are making a difference in the lives of so many people...
Now, everyone else roll up your sleeves and contribute...money, time, whatever you can for the cause..and Thank the team in your own style.
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santb1975
06-02 12:07 PM
Please make your calls. This is for everyone. Please take the poll after you called. Thx
Since all the reps are from California, Is this only for California members?
If not, let me know and I will get on the horn as soon as I can (probably not possible today, maybe tomorrow).
Since all the reps are from California, Is this only for California members?
If not, let me know and I will get on the horn as soon as I can (probably not possible today, maybe tomorrow).
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chanduv23
07-19 07:25 AM
Remember, most people are working hard and chances are that they may get fired for jobs doing this.
SO many IV members have been risking thier jobs to work hard on these things.
So many people have taken unpaid vacations, spent valuble time on this.
Kudos to Aman, Himanshu, Jwalant, and all other folks who are helping the community.
A lot of people are free riders, they come to IV for informartion only. A lot of people do not want to do anything, just because someone else is doing it for them. I have heard excuses from people saying "Don't you have anything else to do??? You will be fired from your job, I bet you, don't get disillusioned by these folks at IV, they cant move a stone"
SO many IV members have been risking thier jobs to work hard on these things.
So many people have taken unpaid vacations, spent valuble time on this.
Kudos to Aman, Himanshu, Jwalant, and all other folks who are helping the community.
A lot of people are free riders, they come to IV for informartion only. A lot of people do not want to do anything, just because someone else is doing it for them. I have heard excuses from people saying "Don't you have anything else to do??? You will be fired from your job, I bet you, don't get disillusioned by these folks at IV, they cant move a stone"
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vadicherla
05-01 04:29 PM
My application is at NSC
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chanduv23
03-22 11:21 AM
>> AC21 memo is a real memo.
Wow, what an ignorance. May I ask, what do you mean by "real memo".
Read previous post and get enlightened. I can't believe that you guys even don't have distinctions about law, CFR, and memos.
AC-21 is law.
Hope it helps.
________________
Not a legal advice.
Correct. It is a bill that was signed into a law. Though USCIS follows AC21 in form of Memos, the law is binding and that's why we see that AC21 always works . It cannot be compared to the new h1b memo.
Wow, what an ignorance. May I ask, what do you mean by "real memo".
Read previous post and get enlightened. I can't believe that you guys even don't have distinctions about law, CFR, and memos.
AC-21 is law.
Hope it helps.
________________
Not a legal advice.
Correct. It is a bill that was signed into a law. Though USCIS follows AC21 in form of Memos, the law is binding and that's why we see that AC21 always works . It cannot be compared to the new h1b memo.
more...
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kviswanathan
09-14 11:27 PM
My lawyer put in a SR on Sept 1. On Sept 11 i recd. the email saying that i was approved. My situation was similar to yours. Same company for 8 years, no RFE - infact no updates on my online status since Sept 2007 when it was first updated to reflect the fact that the application was recd at NSC. So i am assuming that SR triggered review of the application but with USCIS who knows.
Hopefully you will get your approval soon if my case is any indicator (admitted the sample size = 1)
Good luck,
Krishnan
details:
PD : April 2004
July 2nd Filer
I-485 approved : 9/11/09
CPO : 9/11/09
Hopefully you will get your approval soon if my case is any indicator (admitted the sample size = 1)
Good luck,
Krishnan
details:
PD : April 2004
July 2nd Filer
I-485 approved : 9/11/09
CPO : 9/11/09
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sayantan76
08-22 03:43 PM
I like your response, really -- I think it's frank and hits upon what it means to be Indian at heart.
BUT, when one makes a decision to immigrate - he/she's not just making that decision for himself - but also for his/her spawns and the future generations to come. Is it fair for us to rob them of (well, i know most american born desi kids don't care a rats ass about going/being in India) - what it feels to be an Indian at Heart? what it 'Really' feels like to be watching/talking cricket/movies on 'em gullies, what it's like to be eating gaadi chaat, what a festival should really feel/look like .. and a bunch of other stuff- -that happens only in India.
not trying to discount anyone's opinions .. it's just the internal dilemma that needs addressing
all excellent points by Vikram and american desi!
I personally think that many of us take the issue of citizenship less seriously than it ought to be........also some of us also seem to confuse the National & Historical identity ( being a Citizen of India) and the Cultural identity (street food, cricket matches, Hindi movies etc.)
Re - the original post - i dont agree that becoming a US citizen is an achievement - a test of your patience and diligence in going through the onerous process - yes, achievement - no. getting a US citizenship in no way makes anyone a better human being or a more accomplished professional - so not an achievement.
in about 4 years or so - i would be at a decision point of whether to take US Citizenship or not......i dont think I am mentally ready to relinquish my Indian passport....to me it represents a 5,000 year old civilization with rich history and heritage and yet in many ways a young country poised to take the leap into its rightful place among the community of nations.....if it works out i would like to go back and be a part of that leap but even if i am here..when that happens - i would want to be able to proudly wear my Indian identity (and if I am a US citizen and still try to wear the Indian national identity - it would make me a hypocrite!).......
Some food for thought - Laxmi Mittal and Amartya Sen carry Indian Passports!
PS: I am willing to concede that i may be singing a different tune in 4 years
BUT, when one makes a decision to immigrate - he/she's not just making that decision for himself - but also for his/her spawns and the future generations to come. Is it fair for us to rob them of (well, i know most american born desi kids don't care a rats ass about going/being in India) - what it feels to be an Indian at Heart? what it 'Really' feels like to be watching/talking cricket/movies on 'em gullies, what it's like to be eating gaadi chaat, what a festival should really feel/look like .. and a bunch of other stuff- -that happens only in India.
not trying to discount anyone's opinions .. it's just the internal dilemma that needs addressing
all excellent points by Vikram and american desi!
I personally think that many of us take the issue of citizenship less seriously than it ought to be........also some of us also seem to confuse the National & Historical identity ( being a Citizen of India) and the Cultural identity (street food, cricket matches, Hindi movies etc.)
Re - the original post - i dont agree that becoming a US citizen is an achievement - a test of your patience and diligence in going through the onerous process - yes, achievement - no. getting a US citizenship in no way makes anyone a better human being or a more accomplished professional - so not an achievement.
in about 4 years or so - i would be at a decision point of whether to take US Citizenship or not......i dont think I am mentally ready to relinquish my Indian passport....to me it represents a 5,000 year old civilization with rich history and heritage and yet in many ways a young country poised to take the leap into its rightful place among the community of nations.....if it works out i would like to go back and be a part of that leap but even if i am here..when that happens - i would want to be able to proudly wear my Indian identity (and if I am a US citizen and still try to wear the Indian national identity - it would make me a hypocrite!).......
Some food for thought - Laxmi Mittal and Amartya Sen carry Indian Passports!
PS: I am willing to concede that i may be singing a different tune in 4 years
more...
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h1b_alex
03-29 03:43 PM
@snathan oh no he never got me any interviews , he was basking away in the sun with his wife on the hammock with him, these were all my efforts of trying to find a job somewhere by posting on job sites, calling up companies, using my friend's reference, but i realize that even doing that companies here follow a longer process or some no process to actually keep the candiate informed about the status. This was way different in my home country.
anyways yeah i know atleast 5 guys who have all been thru this company who have all flown in on their own and who did not blow the whistle.
anyways yeah i know atleast 5 guys who have all been thru this company who have all flown in on their own and who did not blow the whistle.
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madhu345
05-24 09:25 PM
Guys,
Can we lobby to add an ammendum to pay huge penalities($50K) when all the current GC holders apply for Citizenships.
-Mad
Can we lobby to add an ammendum to pay huge penalities($50K) when all the current GC holders apply for Citizenships.
-Mad
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nviren
04-12 01:44 PM
My second contribution of $100 is in the mail and on the way.
Thanks,
Thanks,
sbabunle
02-09 05:53 PM
The closed or cancelled cases will be minimal now since all the 45 day
letter is completed . I think 90% or more of the pending cases will be certified.
If LC substitution is eliminated a lot of LCs will be timed out.
Let's go by the published percentages.....
21% closed + 11% withdrawn + 2% denied... = 33% fell off the wagon..
Let's assume that the same trend holds.....
At the end BEC ....out of 360K approx.....240K certification would come out....Margin of error let's bring the number down to 200K.......
Assume 1.1 spouse+child each principal....
That make total 410 K in the line just from BECs.....This is a conservative estimate...
The main problem is that 7% country quota hits too quickly for India/China...Then ROW remains current and USCIS would keep processing ROW as they keep coming...Where as we India/China keep waiting for the overflow to occur.....
There is no solution but to increase the total numbers...
letter is completed . I think 90% or more of the pending cases will be certified.
If LC substitution is eliminated a lot of LCs will be timed out.
Let's go by the published percentages.....
21% closed + 11% withdrawn + 2% denied... = 33% fell off the wagon..
Let's assume that the same trend holds.....
At the end BEC ....out of 360K approx.....240K certification would come out....Margin of error let's bring the number down to 200K.......
Assume 1.1 spouse+child each principal....
That make total 410 K in the line just from BECs.....This is a conservative estimate...
The main problem is that 7% country quota hits too quickly for India/China...Then ROW remains current and USCIS would keep processing ROW as they keep coming...Where as we India/China keep waiting for the overflow to occur.....
There is no solution but to increase the total numbers...
kshitijnt
01-31 06:48 PM
----------
that was the idea behind it, but when a feature is being misused and exploited that needs to be plugged. If microsoft needed a genius they can bring that person in on EB1 or H1B or B1 visa. there are many other avenues.
How do u feel that a person who arrives in US yesterday, buys a labor, gets his GC within a year while thousands of us are waiting patiently.
It is an unfair practice and should have been stopped long time back.
It's never too late though.
Selling labors became the business model of manyof these companies.
Are they doing anything illegal? NO.
Are they doing something ethical? NO
So, the law has to change to give everyone a fair chance.
This leads to exploitation and unfair business. Should be stopped.
that was the idea behind it, but when a feature is being misused and exploited that needs to be plugged. If microsoft needed a genius they can bring that person in on EB1 or H1B or B1 visa. there are many other avenues.
How do u feel that a person who arrives in US yesterday, buys a labor, gets his GC within a year while thousands of us are waiting patiently.
It is an unfair practice and should have been stopped long time back.
It's never too late though.
Selling labors became the business model of manyof these companies.
Are they doing anything illegal? NO.
Are they doing something ethical? NO
So, the law has to change to give everyone a fair chance.
This leads to exploitation and unfair business. Should be stopped.
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