alisa
01-27 12:39 PM
Arghhh!!!! I didn't want to start this.
Lets hope things change to improve your situation in conjunction with improving my situation, and not at the expense of it.
Well Alisa,
Do you think its fair to discriminate someone based on their country of birth with all else being equal ?
Lets hope things change to improve your situation in conjunction with improving my situation, and not at the expense of it.
Well Alisa,
Do you think its fair to discriminate someone based on their country of birth with all else being equal ?
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stucklabor
07-24 10:29 AM
USCIS cannot allow people to file for I-485 at its own discretion without visa number availability.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
PavanV
06-08 06:26 PM
My labour cleared in 2009, i guess i need to wait for 10 yrs more !!!, not good , not good at all :eek:
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jfredr
06-12 10:26 AM
Kyl: CIR can be finished in a few days
Sen. Kyl (R-Az), one of the architects of the Senate�s CIR announced today that the Senate CIR can be finished in a few days. On CNN this morning he mentioned that the Senate Republican leadership is crafting a few necessary amendments and will take them to the Majority Leader. It is expected that the Cantwell amendment, albeit in a revised form, will be one of the amendments. The NY Times has a similar report.
Sen. Kyl (R-Az), one of the architects of the Senate�s CIR announced today that the Senate CIR can be finished in a few days. On CNN this morning he mentioned that the Senate Republican leadership is crafting a few necessary amendments and will take them to the Majority Leader. It is expected that the Cantwell amendment, albeit in a revised form, will be one of the amendments. The NY Times has a similar report.
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ajthakur
07-14 06:24 PM
Thanks Ramba. I appreciate your positive comments. I guess the only doubt now is to find out a way whether employer had revoked my 140 before 180 days? If they didnt I am 100% safe now.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
apt29
11-11 04:38 PM
Second step is requesting members to send electronic signature. Basically they have to scan thier signature and send JPG file.
Will there be any privacy issues?
VIN13 Posted Draft already in this thread for Comments. :)
Will there be any privacy issues?
VIN13 Posted Draft already in this thread for Comments. :)
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champu
03-09 04:38 PM
1) Massive campaigns won't do the job in fact they will do more harm then results particularly in this environments (learn from Hispanic community protests before CIR)
2) Mr. Change alone don't have to do something about it? he can direct his DHS and CIS people to do their jobs.. just because economy of economy is bad that does not mean people stop eating food.
3) We and institutions like IV needs to come up with agenda to lift this country quota ban (at least to eliminate this huge backlog)
4) IV says they have agenda but nobody knows their laundry list agenda.
5) We need to work for lifting this country quota ... this is the only way that things can become REASONABLE.
Campiagn is needed but messages to be charted carefully.
2) Mr. Change alone don't have to do something about it? he can direct his DHS and CIS people to do their jobs.. just because economy of economy is bad that does not mean people stop eating food.
3) We and institutions like IV needs to come up with agenda to lift this country quota ban (at least to eliminate this huge backlog)
4) IV says they have agenda but nobody knows their laundry list agenda.
5) We need to work for lifting this country quota ... this is the only way that things can become REASONABLE.
Campiagn is needed but messages to be charted carefully.
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crazyghoda
01-30 12:19 PM
No. I am on very good terms with my original lawyer from my GC sponsoring firm. I'd rather he continue to represent me as I trust him more.
Going back is not an option right now as they recently laid off a ton of people too. They wont take me back unless they can staff me on a project right away. No one pays bench salaries these days.
Going back is not an option right now as they recently laid off a ton of people too. They wont take me back unless they can staff me on a project right away. No one pays bench salaries these days.
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shantanup
02-12 05:46 AM
Just a friendly thought from a co-member, If you are motivated to attend the advocacy event, why dont you consider sponsoring your travel? We should try to keep the donated miles/hotel points for on-the-edge members who we will have to try convince at the last moment when we closer to April.
Motivated members who believe in this event should come forward and sponsor themselves and consider it as a contribution to the event. We are not doing anyone else a favor by travelling to DC - this is for our own good.
-Attending the advocacy day.
I see and agree with what you say. I sponsored myself the last 2 times I went for advocacy days but this time the situation is different - I've got my green card already and therefore finding it difficult to justify the expenses to my wife.
Motivated members who believe in this event should come forward and sponsor themselves and consider it as a contribution to the event. We are not doing anyone else a favor by travelling to DC - this is for our own good.
-Attending the advocacy day.
I see and agree with what you say. I sponsored myself the last 2 times I went for advocacy days but this time the situation is different - I've got my green card already and therefore finding it difficult to justify the expenses to my wife.
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kk_kk
06-10 04:53 PM
Sent
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keshtwo
08-15 05:15 PM
wonder what that means for India-China EB2 in the October Bulletin. Will the retrogression be back to Jan 07 dates?:confused:
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mmanurker
06-14 10:08 AM
Done....sent to NJ senators
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kumar1
07-31 03:18 PM
x
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andy garcia
09-10 11:48 AM
We have the most important thing on our side: TRUTH! And remember the millennia-proven phrase: TRUTH SHALL SET YOU FREE
chanduv23
THIS IS THE TIME - SET YOURSELVES FREE - MARCH TO WASHINGTON
Are you guys in jail or something?
chanduv23
THIS IS THE TIME - SET YOURSELVES FREE - MARCH TO WASHINGTON
Are you guys in jail or something?
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pd052009
03-22 06:29 AM
^^^^
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Macaca
01-30 07:11 PM
Unpaid bench means you are "Out of Status". Not illegal.
I have never heard USCIS penalizing unpaid bench. If it a problem and such a common case, why don't we ever hear about penalty against unpaid bench?
Is it possible to take unpaid leave every year?
In teaching you have an option of not teaching in summer. This means you do not get 2-3 pay checks; happens every year because most faculty don't teach in summer. Faculty is not even aware that absence of pay checks can be a problem.
I have never heard USCIS penalizing unpaid bench. If it a problem and such a common case, why don't we ever hear about penalty against unpaid bench?
Is it possible to take unpaid leave every year?
In teaching you have an option of not teaching in summer. This means you do not get 2-3 pay checks; happens every year because most faculty don't teach in summer. Faculty is not even aware that absence of pay checks can be a problem.
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GCanyMinute
08-02 02:21 PM
you have already filed ur I485 right ? so what do u mean "y am i still waiting ?"
yes I did, but that's the thing.... what is the relation between "visa number" and the "greencard" ??? i'm confused.... whether I am still waiting for a "visa number" or for the "greencard".... please help!! :)
yes I did, but that's the thing.... what is the relation between "visa number" and the "greencard" ??? i'm confused.... whether I am still waiting for a "visa number" or for the "greencard".... please help!! :)
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ameryki
03-17 03:00 PM
PD Nov 2005 filed in Aug 2007
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pitha
01-30 03:20 PM
I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
java98
08-12 07:41 PM
I complete agree with your ideas and effort.
Please count me in.
God Bless you all
Please count me in.
God Bless you all
nixstor
07-03 12:38 PM
There have been cases of folks using L1 A Visa. Big outsourcing companies (US & Indian- Does not matter) routinely file for L1 A (intra company transferee - Managerial) when the person is clearly not performing managerial job. Once on L1 A, folks can file for EB1 and get a GC very soon as it is mostly current. I have seen cases in the past like this. I do not know the status now, as DOL is coming down heavily with audits on PERM applicants. This is one area where only deserving people need to be awarded. This post is not to blame anyone, but people do use this Grey area I suppose to their benefit.
AFAIK, this does not work for people who are already in the US. One has to work in their native or different county to be eligible for the EB1 managerial position here. Some one might have sneaked away this way at some time. But this is definitely not happening on a large scale as EB1 is current for all countries for quite some time. If a lot of folks are getting away, EB1 cannot be current for long time.
AFAIK, this does not work for people who are already in the US. One has to work in their native or different county to be eligible for the EB1 managerial position here. Some one might have sneaked away this way at some time. But this is definitely not happening on a large scale as EB1 is current for all countries for quite some time. If a lot of folks are getting away, EB1 cannot be current for long time.
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