dixie
09-05 05:47 PM
Not sure what happens technically to the old CIR, but most likely both the senate and house will throw away their respective bills and start from scratch.
I have a hypethetical situation
1. Say in the election Dems get both house and Senate AND
2. No compromise happens in CIR at Lame Duck Session too. Also
no SKILL passes too AND
3. New winners Sworn in and its congress controlled by Dems.
Now what is the status of the CIR that was passed in the senate and
that house bill passed? Does it expire or go annul? Or can these
new members come a compromise on that? What could be the attittude of the congress member towards it? It would be really interesting to know the
legal sides and political attittude of lawmakers to it.
thanks
I have a hypethetical situation
1. Say in the election Dems get both house and Senate AND
2. No compromise happens in CIR at Lame Duck Session too. Also
no SKILL passes too AND
3. New winners Sworn in and its congress controlled by Dems.
Now what is the status of the CIR that was passed in the senate and
that house bill passed? Does it expire or go annul? Or can these
new members come a compromise on that? What could be the attittude of the congress member towards it? It would be really interesting to know the
legal sides and political attittude of lawmakers to it.
thanks
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desi3933
07-20 04:58 PM
Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
One is expected to know immigration laws. Who stopped Person B to re-enter USA before filing for I-485.
Not knowing laws is not a valid excuse.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
One is expected to know immigration laws. Who stopped Person B to re-enter USA before filing for I-485.
Not knowing laws is not a valid excuse.
eb3_nepa
02-21 04:23 PM
Is there a list like that readily available on IV? Or can someone complile one for me?
Thanks
Thanks
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putu99
06-16 08:39 PM
I am in a similar situation...I have been on an F1 visa for the last five years, and have just applied for my OPT. I will start work this August on my F1 OPT, and my employer was going to apply for my H1B visa shortly. However, my husband is on an H1 visa, and thanks to all the dates being current, he can now file his I-485.
I would like to know if I can apply for an H1B *after* my husband files our papers for an AOS (I-485). The reason I ask is because I am not sure how long my husband's EAD will take to arrive (I have heard that perhaps due to everything being current, EADs and Advance Parole applications might get backlogged), and I know my OPT will expire next summer. Therefore before we make any decisions about I-485 filing I need to know if I will be eligible to apply for an H1 visa when I already have an AOS application on file.
Thank you.
I would like to know if I can apply for an H1B *after* my husband files our papers for an AOS (I-485). The reason I ask is because I am not sure how long my husband's EAD will take to arrive (I have heard that perhaps due to everything being current, EADs and Advance Parole applications might get backlogged), and I know my OPT will expire next summer. Therefore before we make any decisions about I-485 filing I need to know if I will be eligible to apply for an H1 visa when I already have an AOS application on file.
Thank you.
more...
shana04
08-15 05:29 PM
Congrats on your green. You have done so much for IV and community and it is great to know that your levels of commitment is still the same
Is your Name check and FP cleared?
Is your Name check and FP cleared?
sandy_anand
01-24 10:16 AM
We are back to 140K, refer to demand data. This year both EB1 and EB2 are showing much lower consumption the dates will definitely move into 2007.
Based on the information available i am expecting EB2-I will get 8-12K visa this year (2011), unlike 20k last year (2010). Which means the PD will move as far as Nov-06 or Dec-06 the best this year.
No FB Spillover
High PERM approvals
Divergent opinions. Let's hope for the best!
Based on the information available i am expecting EB2-I will get 8-12K visa this year (2011), unlike 20k last year (2010). Which means the PD will move as far as Nov-06 or Dec-06 the best this year.
No FB Spillover
High PERM approvals
Divergent opinions. Let's hope for the best!
more...
h1-b forever
10-13 10:23 AM
Thanks for replying... Appreciate it ....
I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.
As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
Did you get an answer?
I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.
As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
Did you get an answer?
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txh1b
04-15 10:46 AM
What took you sooo long to wake up from the slumber and realize that you need to get paid? Look up WH4 and complain to DOL. Look for the contents in the Neufield memo as well.
more...
mrajatish
11-17 12:00 PM
Yes, I think this is absolutely true - infact, I have given myself till 2007 end for that specific reason. If nothing changes by 2007 June/July, I will start looking at Australia, Canada, UK and India (most likely I will go back to India).
I might come back when this country changes, and believe me, it will change, esp. when people from baby-boomer generation retires.
I might come back when this country changes, and believe me, it will change, esp. when people from baby-boomer generation retires.
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hebron
06-21 10:58 AM
Hi Guys,
Have a question about porting from EB3 to EB2 suing the experience I gained from my current employer. Can I fall back to my existing EB3 application if I file EB2 labor and I-140 and these get denied? Please suggest and I am also not sure if the requirement that job descriptions have to be 50% different cam be met. Software Engineer and Principal software engineer jobs have same SOC and DOT codes.
Job description when I was hired: (software engineer): Understand client requirements, design, document and develop object-oriented software solutions; debugging and code review, unit tetsing code for all logic and flow, participates in the test review thorugh test review and analysis. Experience require 2-4 years.
My current job description: (Principal Software engineer): Designs, modifies, develops, writes and implements software programming applications. Coordinates work teams - Provides technical support to project team members and co-ordinate with technical team and Quality assurance team. Provide consultation and expertise in a variety of the field's concepts, practices, and procedures on complex projects. Extensive experience and judgment required to plan and accomplish goals. Experience required is 8-10 years.
Have a question about porting from EB3 to EB2 suing the experience I gained from my current employer. Can I fall back to my existing EB3 application if I file EB2 labor and I-140 and these get denied? Please suggest and I am also not sure if the requirement that job descriptions have to be 50% different cam be met. Software Engineer and Principal software engineer jobs have same SOC and DOT codes.
Job description when I was hired: (software engineer): Understand client requirements, design, document and develop object-oriented software solutions; debugging and code review, unit tetsing code for all logic and flow, participates in the test review thorugh test review and analysis. Experience require 2-4 years.
My current job description: (Principal Software engineer): Designs, modifies, develops, writes and implements software programming applications. Coordinates work teams - Provides technical support to project team members and co-ordinate with technical team and Quality assurance team. Provide consultation and expertise in a variety of the field's concepts, practices, and procedures on complex projects. Extensive experience and judgment required to plan and accomplish goals. Experience required is 8-10 years.
more...
snathan
04-14 08:54 PM
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
What were you doing for six months and you also co-operated with your employer. Along with your employer you should be thrown into jail. Because of you people only every one is in trouble. Yes, the DOL will and should take action against you also. By the way are you an anti-immigrant.
You have created six threads with the same question and getting the same answer. Please use your brain.
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
What were you doing for six months and you also co-operated with your employer. Along with your employer you should be thrown into jail. Because of you people only every one is in trouble. Yes, the DOL will and should take action against you also. By the way are you an anti-immigrant.
You have created six threads with the same question and getting the same answer. Please use your brain.
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my2cents
06-16 04:27 PM
[QUOTE=das0]Predierock,
Can you please adivse on the following:
My wife is currently on H4.
She has a H1b approved for 3 years to start working on October 1, 2007.
Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.
She has a job and the company would like her join asap.
Questions are:
1. Will her EAD (I-485 pending) cancel her H1B approval for the company?
NO, I-485 doesn't cancel anything. H1b is approved for her sponsored by company. Basically it is status you need to maintain
2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?
Yes. i believe she can work on EAD during that period, she is in 485 pending status. and she can switch back to H1b. I-9 form needs to be updated accordingly.
We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.
Please advise folks
Can you please adivse on the following:
My wife is currently on H4.
She has a H1b approved for 3 years to start working on October 1, 2007.
Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.
She has a job and the company would like her join asap.
Questions are:
1. Will her EAD (I-485 pending) cancel her H1B approval for the company?
NO, I-485 doesn't cancel anything. H1b is approved for her sponsored by company. Basically it is status you need to maintain
2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?
Yes. i believe she can work on EAD during that period, she is in 485 pending status. and she can switch back to H1b. I-9 form needs to be updated accordingly.
We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.
Please advise folks
more...
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casper21
07-27 11:14 AM
Hey ags,
Sorry for asking many question, when you are trying to find answers to your problem.
I'm trying to figure out my situation, you have replied "As long as marriage is before 485 it can be applied." : before 485 means the day of filling the I 485 or the day of I 485 Approval ?
Which means I can do just the registration of the marriage in my desi (legal) before the I485 approval, then come back to USA, apply for Counsular processing (I485) for my spouse with in 180 days, once spouse's application is approved spouse can come to USA?
*** IS this possible?
Sorry for asking many question, when you are trying to find answers to your problem.
I'm trying to figure out my situation, you have replied "As long as marriage is before 485 it can be applied." : before 485 means the day of filling the I 485 or the day of I 485 Approval ?
Which means I can do just the registration of the marriage in my desi (legal) before the I485 approval, then come back to USA, apply for Counsular processing (I485) for my spouse with in 180 days, once spouse's application is approved spouse can come to USA?
*** IS this possible?
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GCneeded
05-26 11:20 AM
Thank you core Team for all your efforts
Thank you QGA for the great work and helping us out in a big way.
Thank for all the senators for making this happen.
Last but not least ,A BIG THANK YOU for the family of core members who had to put their social life on hold when the core team was working for our cause.
We are ready for the next battle with the core team and QGA in the lead.
Thank you QGA for the great work and helping us out in a big way.
Thank for all the senators for making this happen.
Last but not least ,A BIG THANK YOU for the family of core members who had to put their social life on hold when the core team was working for our cause.
We are ready for the next battle with the core team and QGA in the lead.
more...
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dreamworld
11-30 04:00 PM
I am agree with you. But my question how can we correct this issue? Called no of times and they are not able to correct the issue. If she travel with that status any issue?
Write to CISOmbudsman <CISOmbudsman.Publicaffairs@dhs.gov> and local congressman.
Write to CISOmbudsman <CISOmbudsman.Publicaffairs@dhs.gov> and local congressman.
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pappu
04-10 02:21 PM
Active members are requested to urge others to update their profile details for the tracker. If you find someone's profile has fake details, please give them a red dot.
Admins go through users with most red dots occasionally
Admins go through users with most red dots occasionally
more...
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learning01
05-24 05:27 PM
From Bllomberg Update on CIR in Senate:
................
White House Deputy Chief of Staff Karl Rove today spoke for the second time in two weeks at a private meeting of House Republicans to seek a compromise between the Senate and the House.
Rove, during his appearance, heard complaints from representatives who oppose the Senate's immigration proposal, according to lawmakers who attended.
``Even I, optimistic as I am about a lot of things around here, see an immigration bill -- with so few calendar days left - - hard to reconcile,'' said Representative Mark Foley, a Florida Republican who attended the meeting.
Majority
Ron Bonjean, a spokesman for House Speaker Dennis Hastert, said Hastert won't move a final compromise measure to the House floor unless it is supported by a majority of the House's 231 Republicans -- not a majority of all House members.
``The speaker believes in passing an immigration bill with a majority of the majority,'' Bonjean said.
Former House Majority Leader Tom DeLay told reporters that passage of a final measure may be helpful in fall elections in which Republicans have ``the wind in our face'' as they work to keep control of the House.
LINK (http://www.bloomberg.com/apps/news?pid=10000087&sid=aGou1DNa_4Ic&refer=top_world_news) at Bloomber.com
Call me paranoid...but I am wondering the exact same thing that how come Tancredo, et.al. are not making any noises...if you remember last time these congressmen were making a lot of noise and the bill went nowhere, now in hindsight, I think internally they knew that the bill will not pass the senate at that time and were making the most of it. Similarly, the silence is ominous because it means they probably have some surprises lined up at the conference. BTW, do we know who will be on the conference from both the Senate as well as the house? Also, are the conference proceedings publicised?
................
White House Deputy Chief of Staff Karl Rove today spoke for the second time in two weeks at a private meeting of House Republicans to seek a compromise between the Senate and the House.
Rove, during his appearance, heard complaints from representatives who oppose the Senate's immigration proposal, according to lawmakers who attended.
``Even I, optimistic as I am about a lot of things around here, see an immigration bill -- with so few calendar days left - - hard to reconcile,'' said Representative Mark Foley, a Florida Republican who attended the meeting.
Majority
Ron Bonjean, a spokesman for House Speaker Dennis Hastert, said Hastert won't move a final compromise measure to the House floor unless it is supported by a majority of the House's 231 Republicans -- not a majority of all House members.
``The speaker believes in passing an immigration bill with a majority of the majority,'' Bonjean said.
Former House Majority Leader Tom DeLay told reporters that passage of a final measure may be helpful in fall elections in which Republicans have ``the wind in our face'' as they work to keep control of the House.
LINK (http://www.bloomberg.com/apps/news?pid=10000087&sid=aGou1DNa_4Ic&refer=top_world_news) at Bloomber.com
Call me paranoid...but I am wondering the exact same thing that how come Tancredo, et.al. are not making any noises...if you remember last time these congressmen were making a lot of noise and the bill went nowhere, now in hindsight, I think internally they knew that the bill will not pass the senate at that time and were making the most of it. Similarly, the silence is ominous because it means they probably have some surprises lined up at the conference. BTW, do we know who will be on the conference from both the Senate as well as the house? Also, are the conference proceedings publicised?
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m79
08-03 06:15 PM
Denail from CSC
Reason: Employer didn't follow labor rules in paying for some of the other employees.
Employer is saying he will appeal the denial but few more questions.
I heard that while appeal is in process I can't work. Also, I still need to get the EAD. So how can I work legally ?
Can another employer file my H1 transfer in normal processing ? ( I will request my original employer that I will come back and work for him after I get the EAD, the reason for normal processing instead of premium is to get some time until I get EAD.)
Can I start work for the other employer from the day of the H1b filing or have to wait until I get the H1b approval ( my h1 already got expired ) ?
Will changing my employer after 485 is filed jeopardise my 485 process ? ( I have intention to come back to original employer after I get EAD).
Any suggestions ?
Thank you
Reason: Employer didn't follow labor rules in paying for some of the other employees.
Employer is saying he will appeal the denial but few more questions.
I heard that while appeal is in process I can't work. Also, I still need to get the EAD. So how can I work legally ?
Can another employer file my H1 transfer in normal processing ? ( I will request my original employer that I will come back and work for him after I get the EAD, the reason for normal processing instead of premium is to get some time until I get EAD.)
Can I start work for the other employer from the day of the H1b filing or have to wait until I get the H1b approval ( my h1 already got expired ) ?
Will changing my employer after 485 is filed jeopardise my 485 process ? ( I have intention to come back to original employer after I get EAD).
Any suggestions ?
Thank you
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ikass
06-01 08:32 PM
Can IV help with reaching out to Media or leading magazine to provide some light into the plight of legal immigration? We don`t see articles written or spoken about our plight. IV can direct some resources to this effort and I`m sure we can provide 100s of unique stories of aspiring legal immigrants waiting for some action. Especially, if it can help congress pass 1 or 2 small amendments with other bills this Summer. Fellow IV members who are in the same situation, please share your ideas for legislation.
nonimmigrant
03-31 06:16 PM
Congratulations. Enjoy your freedom.
What is the process did you followed to port from EB3 to EB2 ?
New Labor with EB2 Job requirements
I-140 Approval
Port Over EB3 priority to EB2 after I-140 Approval
(or)
Do we have any other route to port over from EB3 to EB2.
What is the process did you followed to port from EB3 to EB2 ?
New Labor with EB2 Job requirements
I-140 Approval
Port Over EB3 priority to EB2 after I-140 Approval
(or)
Do we have any other route to port over from EB3 to EB2.
puskeygadha
07-14 04:43 PM
there are about 1000 people who are awaiting response from audit
this also includes non fragemon.
this also includes non fragemon.
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