smartboy75
09-27 02:39 AM
well said....it is surprising how US can afford to turn a blind eye to the mounting problems faced by legal immigrants....
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amitga
11-15 03:48 PM
CORRECT ME IF I AM WRONG...IF I94 IS EXPIRED DOES IT NOT MEAN U R OUT OF STATUS. SHOULD YOU NOT RENEW I94 BASED ON I797 ?
He got a new I-94 in H1B approval. So he has a old expired I-94 and a new I-94 valid till 2008
He got a new I-94 in H1B approval. So he has a old expired I-94 and a new I-94 valid till 2008
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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ilangocal
04-07 10:41 AM
Hi
I have given up hopes of getting an H-1B through the Master's quota. I applied on April 4. So there are no hopes anyway.
Now how can one get an H-1B through a non-profit organization. My understanding of this process is not very clear. I was under the impression (wrong impression!!) that if I can get a job at a Non-Profit place through a consulting company(I am an employee of the consulting company and not the Non-Profit org) and because my workplace is at a non-profit organization, I can get an H-1B that qualifies as one that belongs to the Non-Profit H-1B category.
Please clarify. I am trying to understand this clearly.
Thanks very much
I have given up hopes of getting an H-1B through the Master's quota. I applied on April 4. So there are no hopes anyway.
Now how can one get an H-1B through a non-profit organization. My understanding of this process is not very clear. I was under the impression (wrong impression!!) that if I can get a job at a Non-Profit place through a consulting company(I am an employee of the consulting company and not the Non-Profit org) and because my workplace is at a non-profit organization, I can get an H-1B that qualifies as one that belongs to the Non-Profit H-1B category.
Please clarify. I am trying to understand this clearly.
Thanks very much
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franklin
10-10 02:28 PM
If I remember correctly, there is information on the paperwork that you receive your card with that states something along the lines of:-
"Please check the information on the card, if any of it is correct please call XXX number / write to us at YYY"
Have you tried that?
"Please check the information on the card, if any of it is correct please call XXX number / write to us at YYY"
Have you tried that?
USDream2Dust
07-20 02:30 PM
Folks, I have been reading this. My lawyer send me G325 only. I haven't filed as of yet. Should I file G325A instead.
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wildcat1313
03-26 02:08 AM
Yesterday, I went for my H1b stamping but was issued a 221G. I had all documents that the VO asked for.
1. Client Letter with detailed job descriptions.
2. Vendor Letter with detailed job requirements and skillsets required
3. Contract between my company & Vendor.
4. Work-Order from client to vendor.
5. All W2/pay Slips
6. Company Tax return for last 2 years.
7. Unemployment wage report
8. Notarized copy of all employees with location, salary, start date , end date.
9. Copy of filing with USCIS.
10. All timesheets esablishing employee/employer relationship as well as billing timesheets
VO refused the visa saying he wants to see the contract between employer & end client. Vendor is saying they cannot provide it because of legal issues but are willing to provide a detailed letter stating the same.
I have been with the same employer for last 7 years and never been on bench with I-140 approved. Have worked for same client earlier for 4 years, took a break as I was bored, worked for another client for a year, came back and have been working there for last 2 years now. Client is very co-operative and is willing to help in anyway they can as they need my services.
What are my chances of getting tbe visa without the original contract?
I had to travel to India because of a family emergency. My family is in US as kids are in school. I would really appreciate if you can answer.
1. Client Letter with detailed job descriptions.
2. Vendor Letter with detailed job requirements and skillsets required
3. Contract between my company & Vendor.
4. Work-Order from client to vendor.
5. All W2/pay Slips
6. Company Tax return for last 2 years.
7. Unemployment wage report
8. Notarized copy of all employees with location, salary, start date , end date.
9. Copy of filing with USCIS.
10. All timesheets esablishing employee/employer relationship as well as billing timesheets
VO refused the visa saying he wants to see the contract between employer & end client. Vendor is saying they cannot provide it because of legal issues but are willing to provide a detailed letter stating the same.
I have been with the same employer for last 7 years and never been on bench with I-140 approved. Have worked for same client earlier for 4 years, took a break as I was bored, worked for another client for a year, came back and have been working there for last 2 years now. Client is very co-operative and is willing to help in anyway they can as they need my services.
What are my chances of getting tbe visa without the original contract?
I had to travel to India because of a family emergency. My family is in US as kids are in school. I would really appreciate if you can answer.
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raydhan
02-14 02:17 PM
Thanks for that Iptel.
Will include it in our lawmaker materials list right away and incorporate it into our presentation as soon as I can.
best,
Berkeleybee
Iptel,
Superb find. Great job. Among other things, this report talks accurately about the current Green Card delays and solutions and how LEGAL HIGH-SKILLED IMMIGRANTS add to the economy and innovativeness in the U.S.
Selected sections can definitely be used to enlighten the lawmakers.
Keep 'em coming!!!
Will include it in our lawmaker materials list right away and incorporate it into our presentation as soon as I can.
best,
Berkeleybee
Iptel,
Superb find. Great job. Among other things, this report talks accurately about the current Green Card delays and solutions and how LEGAL HIGH-SKILLED IMMIGRANTS add to the economy and innovativeness in the U.S.
Selected sections can definitely be used to enlighten the lawmakers.
Keep 'em coming!!!
more...
peer123
04-10 09:22 AM
I am not sure how to set up a poll question
Can any one who knows how to do it set up a poll question
Have changed job using AC21, after having approved I140 and > 180 days of 485 application?
1. Invoked AC21
2. Invoked AC21 and H1B transfer
3. Did not inoked AC21 but only H1B Transfer
4. Did not change JOB
Thanks
peer123
Can any one who knows how to do it set up a poll question
Have changed job using AC21, after having approved I140 and > 180 days of 485 application?
1. Invoked AC21
2. Invoked AC21 and H1B transfer
3. Did not inoked AC21 but only H1B Transfer
4. Did not change JOB
Thanks
peer123
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brick2006
04-21 11:44 AM
I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010
My spouse is on H1..can i switch over H4..
> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..
so here is my dilemma::confused:
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
thank you!
My spouse is on H1..can i switch over H4..
> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..
so here is my dilemma::confused:
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
thank you!
more...
kshitijnt
02-17 07:34 AM
I have a couple of questions:
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?
thanks.
1. Write unknown
2. New applicant, if you are applying under c09 category for the first time.
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?
thanks.
1. Write unknown
2. New applicant, if you are applying under c09 category for the first time.
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eyeopeners05@yahoo.com
06-02 03:00 PM
thanks guys...
what other alternatives do i have... this other firm is ready to take me if do not ask them to do a h1transfer.
One option is to do a h1 thru one of the desi employers and then join as a consultant.
Are there any other options ?
what other alternatives do i have... this other firm is ready to take me if do not ask them to do a h1transfer.
One option is to do a h1 thru one of the desi employers and then join as a consultant.
Are there any other options ?
more...
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JazzByTheBay
07-11 10:03 PM
Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.
USCIS Ombundsman report from JUNE 2007 says:
"For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
- As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.
USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.
End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).
As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.
If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.
If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.
Anybody thinks the above makes sense?
jazz
USCIS Ombundsman report from JUNE 2007 says:
"For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
- As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.
USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.
End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).
As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.
If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.
If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.
Anybody thinks the above makes sense?
jazz
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waitnwatch
05-30 12:29 PM
This may already have been discussed but does everyone realize that the merit based system will remove backlogs by the backdoor. There will be no backlogs because you have to apply every year. And if by chance you reach the 6th year on H1-B and fail to get past the merit line for that year you have to leave. If this is not scary what is?
I would like to hear everyone's opinion on this.
I would like to hear everyone's opinion on this.
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Appu
04-08 05:56 PM
I am not sure why you think Sensenbrenner will be receptive to the problems of legal immigrants. Here's a summary of the legal immigration clauses he put in HR4437 - they are not there by accident:
http://www.immigrationforum.org/documents/PolicyWire/Legislation/SenseKingGlance.pdf
Make it harder for legal permanent residents to become citizens. Legal immigrants who have waited
patiently for the chance to become U.S. citizens may have their dreams dashed by this bill. It would:
� Allow government bureaucrats to deny citizenship to any legal permanent resident on a whim;
� Permit the government to keep the reason for that denial a secret;
� Eliminate a judge�s power to override a mistake DHS made in denying citizenship; and
� Change the rules of the game so that long-time legal permanent residents can be barred from citizenship
and deported, even if they were never convicted of a crime or it was a minor offense from decades ago.
http://www.immigrationforum.org/documents/PolicyWire/Legislation/SenseKingGlance.pdf
Make it harder for legal permanent residents to become citizens. Legal immigrants who have waited
patiently for the chance to become U.S. citizens may have their dreams dashed by this bill. It would:
� Allow government bureaucrats to deny citizenship to any legal permanent resident on a whim;
� Permit the government to keep the reason for that denial a secret;
� Eliminate a judge�s power to override a mistake DHS made in denying citizenship; and
� Change the rules of the game so that long-time legal permanent residents can be barred from citizenship
and deported, even if they were never convicted of a crime or it was a minor offense from decades ago.
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spicy_guy
04-25 01:18 PM
we live in Chicagoland. PM me if you would like to talk.
Sent a PM. Can you pls check?
Sent a PM. Can you pls check?
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grupak
06-13 06:44 PM
Perhaps we can write as well in addition to the calls. There is still around a week before the bills come to the floor.
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lapisguy
07-25 05:42 PM
Hi,
I was going thru the chain of I-140 issues, my case is a bit similar but wanted some expert advice...
My employer filed I-140 in June but I did not get any approval yet so my employer ask me to wait until it approved then file for I-485?
Are there chances that if I file I-485 it would get rejected?
I was going thru the chain of I-140 issues, my case is a bit similar but wanted some expert advice...
My employer filed I-140 in June but I did not get any approval yet so my employer ask me to wait until it approved then file for I-485?
Are there chances that if I file I-485 it would get rejected?
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priderock
06-25 02:42 PM
That's correct.
There are many unemployed, but there are not many qualified willing people available.
Trying hard to recruit IT people for a month. Hardly finding any.
There are many unemployed, but there are not many qualified willing people available.
Trying hard to recruit IT people for a month. Hardly finding any.
India_USA
01-21 01:40 PM
My mom, after watching "Shankara Baranam" extended a technique to my memorizing the multiplication tables. She would wake me up early in the morning, and I had to memorize my tables sitting under the back light of my house. I did not like doing it, but it sure helped me memorize my tables faster! My mom believes that I remember my tables to this day because of her.
My younger brother (who was around 4) would wake up a little while later, and check on me to see whether I was studying or sleeping. He definitely would run to tell my mom if i was dozing off!! I probably was more angry with him (then) than with my mom. My brother does not remember much of this, but we do talk about the whole incidence as a joke!
My younger brother (who was around 4) would wake up a little while later, and check on me to see whether I was studying or sleeping. He definitely would run to tell my mom if i was dozing off!! I probably was more angry with him (then) than with my mom. My brother does not remember much of this, but we do talk about the whole incidence as a joke!
cygent
02-24 01:08 AM
Some folks may have got away with it, the chance is low for an audit particularly if you earn <100k/yr. Do the research yourself independently. The conclusion will be that you CANNOT deduct these expenses. For TAX purposes Immigration has nothing to do with your work.
In addition for I-485, your EMPLOYER does NOT have to pay for it at all, since it based on the individual. I am am sure many of us have got into trouble because our "friends" or "relatives" have told us things just because they heard from other "FRIENDS" or "RELATIVES". I know of enough cases myself.
Hello IVans,
My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.
Thanks.
In addition for I-485, your EMPLOYER does NOT have to pay for it at all, since it based on the individual. I am am sure many of us have got into trouble because our "friends" or "relatives" have told us things just because they heard from other "FRIENDS" or "RELATIVES". I know of enough cases myself.
Hello IVans,
My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.
Thanks.
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