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americandesi
09-09 03:55 PM
The problem is that most H1 employee's don't know their rights.

They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.

Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.
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rpulipati
11-07 08:18 AM
I opened Service Request 10 days back, still no luck.
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subba
01-04 04:06 PM
I know we missed the Dec 31st goal, but sounds like we brought in new members at a faster pace than in the past.
Hopefully all these new memebers will be active participants and donors.
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sodh
07-18 05:05 PM
I can donate for this case if any Lawyer can help him.
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rangaswamy
07-28 05:01 PM
--



-- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.



-- This doesn't apply to me because I already have a valid visa stamp in the passport so visa revalidation shouldn't be necessary. All I am trying to figure out is whether to show the H4 or the travel doc at POE.


When i asked my lawyer, they said that this is not true. You can come back with travel documents and still continue on h1/h4. You lose your h1/h4 status only if you use your ead card.

Ar
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n2b
04-17 02:13 PM
I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...

A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.

I may be wrong .. but this is how i perceive it


Peace.


H1B is dual intent so even if I go back on H1B I can still keep intentions to immigrate right?
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chapsi29
04-02 12:30 PM
Well its a small company and there are only a handful of us who are involved in immigration. Paychecks have been pending for the last few months only and in the past we have not had this kinda problem. It should hopefully get resolved in the next few months.. My I-140 was applied in Aug 07 @ its at NSC right now.. Currently for EB2, NSC processing date shows May 9th. I am hoping before they get to my application, this issue gets resolved.

Lot of money at stake to consider change of employers at this point.. Would like to see how 140 turns out before thinking of change ... Pretty tough decision!

So is it important to be currently making more than what is mentioned in the GC labor application ? As I have been informed, the prevailing wage as mentioned in the GC is for future employment and it is OK for the employee to be making less than that and it only means that the employer should have the ability to pay you that wage after you get your GC ? Is this true ?

Thanks
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jsb
09-16 03:20 PM
Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?

There is no such true limit. The essence is that the sponsor should have had genuine need to employ you at the sponsoring time. Circumstances can always change. For example, AC21 allows people to move to different employer after 180 days of filing. If there is nothing to indicate fraudulent intent everything is good.
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deecha
06-18 02:02 AM
Hi,

My EB3 Priority date is Feb 2004. I have approved I-140 and have a copy of approval I-140
notice. I have not filed 485. This is my 10th year in H1b visa.

My H1B visa is ending in Nov 2010. Due to family situation, I am planning to go to
India for 1 year, My employer may or may not apply for my H1B renewal.

If my current employer cancels my approved I-140 & did not extend my H1b visa, Is it
possible for me to port that approved I-140 priority date (Feb 2004) when I am filing Green card through some other employer in the EB2 or EB1 category in
the future ?

Any one, Please kindly give your suggestions.

Thanks

Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.

I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.
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tuhin
03-28 08:14 PM
You guys talk as if we propose and they accept. get back to realty, please.

After QGA and IV and all of us sending so many faxes etc, they did not even mention about EB visa issue in the SJC.

You are talking about a radical chnage in GC.

Get real. Get real. Let us get out of this child like proposals.

Obviously the efforts of us, IV and QGA have not been sufficient. I am not
in the least balming anyone. I for one feel IV has done exemplary work.

But the critical question is do we need to do anything different ?

Core memebers of IV, ragz4u et al, do you think we need to take a harder look and see if we are on the right path ? Did something not work as expected ? I read in one of the core memebrs post that IV members are in DC talking to senators office. Did senators office play ignorant in the SJC after being sympathetic to us ? What baffles me atleast, is the total
apathy and seeming ignorance to our issue on the part of senators. After all
our efforts. What went wrong ?

Core IV members please share your frank thoughts.


This is harsh but true. How can we make ourselves heard? Even the corporate world is pushing for higher H1 limits. Do they care about our I-485? No! In fact if you look at it, they are better off with us stuck in H1 and waiting for our EAD. This is not my assumption, but is based on an informal discussion with one of my dept. heads. We don't think we, the legal immigrants, can go out in a half a million strong rally. Can we? what options do we have now? I do remember how the favorable clauses were just trashed away, way back in jan'06.
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ragz4u
02-23 11:19 AM
http://news.yahoo.com/s/nm/20060223/pl_nm/security_usa_india_dc

Maybe we should involve this org too! Let them know that the ordeal does not end with a visa being granted, but in the true sense, just starts (in case the scientist wants to immigrate)
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rameshvaid
04-09 04:30 PM
I came to Montreal for H1/H4 stamping for my wife and two sons. My interview date was 3/18 and they told me it will take abt. 10 days and now its almost over 20 days and no news from them. I am EB3-PD 8/03-I-140/EAD Approved. FP also done. Can you pls. let me know if they asked you any questions or you had any comunication with them after your interview? In my case they kept all our passports, Originals of our H1/H4/EAD approvals/Letter from the employer also.

I had also done the stamping from Toronto in 2005 without any problem. Is this a PIMS related issue?

ramesh
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morchu
05-04 02:44 PM
Going to the original question. The H1B doesnt get invalidated.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.

As per the Neufeld memo links below:

On page 4 of memo:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.

So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.

See links below for more data
http://ac21portability.com/modules/wflinks/
see Neufeld memo specifically, they also have all other memos and guidelines.
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sharma258
02-10 03:44 PM
Hi Guys,

please let me know how long we need to stay with sponsoring employer after getting GC.

Thanks
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laksmi
01-08 12:43 PM
start with SSN
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sathweb
01-13 05:14 PM
Hi,

I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.

The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.

Thanks!!

Here is my understanding of the law regarding the priority date:
In Substitution cases, USICS supposed to assign you the I-140 application Receipt Date as your Priority Date. But for years USCIS has been assigning the original LC Receipt date. No one complained, USCIS continued doing that. Now if you ask them to review your case, the first preference for them would be to defend their decision, so they may send you the section of the law that explains what I said above.

Having said that, I suggest you to appeal. I seriously doubt it will have any negative effect on either of those cases. They can revoke approved I-140 only if there is a fraud involved.

Go ahead and appeal, try your luck.

Best of luck bud.
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small2006
06-09 01:43 PM
Guys,

Chill out...Everybody is unnecessarily getting worked up just because our frustrations are not reflected in the article.

It doesn't say "that people are waiting for GC because of strict rules". That is totally taken out of context. Re-read the article.

Keep in mind where the article has appeared - BBC. Keep in mind the audience of the article - people who don't know anything about this issue. From that perspective it does a decent job of providing someone with some idea as to what the H1B/GC issues are about. It is in no way meant to be (or attempts to do) a thorough in depth report on what is going on. Think of it as just a "big picture" overview of the PATHETIC state of US immigration system as it applies to H1Bs and GCs.

On the point of painting "H1B issue as Indian issue" - Although the article doesn't claim to do that, don't you think that when 65% of H1Bs are taken up by Indian nationals (at least in 2000, probably more later, http://www.murthy.com/news/UDtechi.html)
, it is at least a "65% Indian issue."

In any case, my intent was not to be rude but just to point out that there is no need to get so riled up on an article that neither hurts or helps our cause.

Take it easy.





The reporter does not seem to know the issue at all and coming from an Indian/Pakistani background painted the whole issue as if it were a Desi issue.

Dude writes that visas dry up and he quotes USCIS spokes person saying we are sitting at 45,000 from week 1 and haven't still moved an inch. Damn it! Gimme a break! Get real

The attorney featured sings to his tune and talks about all things Indian, Indian companies, Indian nationals, India. Wow! Does any one need more ammunition to take charge and paint H1B issue as Indian issue? Sorry to be harsh but this is more of a bad press than any thing helpful.

Then he goes on to say that people are waiting for GC because of strict rules?? Excuse me! until Jul 2007 rules were not implemented. This guy says strict rules.
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imh1b
04-21 04:27 PM
Sometimes you will be ridiculed when you care but care anyway.
Sometimes you will be cheated when you try to help but help anyway.
After all ..... it was never between you and them.

Mother Theresa

I comend those who donated.

People accepting money are not Mother Teresa or Registered Charity. In this country all kinds of people call you, email you and ask you for money for all kinds of reasons. Greed happens in tragic events too. Do not expect everyone in this world to have a pure heart. This case is genuine but we need better management and disclosure on their website. This is a least you can expect from educated University Students.
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meet
08-17 11:14 PM
I am also having same situation as 'TamilSelven's wife. But my H1 visa was expired in Sept 2009 and I didn't work on that. I am on H4 for now and got one offer from another employer.

So my queries are :
- will I get H1 again under COS?
- If yes, how much time will it take to get H1 again?
- Does this process will be like a new H1?
- how much will it cost to my employer with attorney fees?

Thank you.

Meet
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VivekAhuja
06-02 07:34 PM
No need of open ticket or anything like that. Just make sure they have all their papers intact and do not over stay. Days of Open Tickets are gone as far as POE or Consulate is concerned.
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gc_chahiye
08-26 11:22 PM
gc_chahiye: Thanks for the technical advice. I'll check with my attorney tomorrow. You said 30 odd days. That is more or less 60 days, and it's more than enough.

for an appeal they will tell you in the denial notice how much time you have. For a motion-to-reconsider/reopen the deadline is typically 30 days. Again, confirm everything with attorney, and keep them on their toes (check status with them every couple of days).

I think you will receive the RFE on time (its only been 8 days since the USCIS note about the RFE, it does take upto 2 weeks for attorneys to receive it).
All the best!
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