eb3retro
08-17 12:14 PM
Chill guys just kidding no point getting worked up about all this.I know it's causing a lot of angst.The best course of action is to get back to our lives and let the chips fall as they may.
you write some ridiculous stuff in your first post and you want us to chill out. Get a sense of this board and its professional members, before you post any nonsense like that.
you write some ridiculous stuff in your first post and you want us to chill out. Get a sense of this board and its professional members, before you post any nonsense like that.
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BharatPremi
03-12 02:06 PM
BharatPremi,
So you gave up H1B and moved onto EAD? Is it because the new employer is not interested in H1B transfer or some other reason?
Also, my I140 was approved in 2006 and I1485 filed in July last year (both with a large, well-known company). If I change employers now and work using EAD, are there any major issues that can arise? Like furnishing of audit reports, etc?
I tried to keep H1 but finally I had to gave it up as "For critical positions we hire EAD/GC holders- US Citizens only and thus we can not allow H1 transfer for this position".
I do not see any problem in your case based on the information what you gave here. Large companies - So must be having 3 years Audit reports - perhaps available publicly (In my case that is the case -- so virtually no risk).If you get new job offer letter with "Same job description" as one under which your gC filed - no problem - No gap in pay stubs .. Then go ahead and we will welcome you to EAD club.
So you gave up H1B and moved onto EAD? Is it because the new employer is not interested in H1B transfer or some other reason?
Also, my I140 was approved in 2006 and I1485 filed in July last year (both with a large, well-known company). If I change employers now and work using EAD, are there any major issues that can arise? Like furnishing of audit reports, etc?
I tried to keep H1 but finally I had to gave it up as "For critical positions we hire EAD/GC holders- US Citizens only and thus we can not allow H1 transfer for this position".
I do not see any problem in your case based on the information what you gave here. Large companies - So must be having 3 years Audit reports - perhaps available publicly (In my case that is the case -- so virtually no risk).If you get new job offer letter with "Same job description" as one under which your gC filed - no problem - No gap in pay stubs .. Then go ahead and we will welcome you to EAD club.
dressking
09-28 05:13 PM
What irked me is the attitude that they will take your money gladly but don't want you there.
I have met a British guy here in New York who was like that. He loved the money, and always smiled to me for the money. But he never even want to lift a finger for the money he has been paid to do. And he despised me and was ashamed of having to talk to me because he was surrounded by some Southerners who were equally racist.
In fact, he even scammed me for money. And he was a businessman and now a CEO of a corporation.
I have met a British guy here in New York who was like that. He loved the money, and always smiled to me for the money. But he never even want to lift a finger for the money he has been paid to do. And he despised me and was ashamed of having to talk to me because he was surrounded by some Southerners who were equally racist.
In fact, he even scammed me for money. And he was a businessman and now a CEO of a corporation.
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Macaca
09-20 08:47 AM
Look, legal immigration is not just restricted to employment based immigration, it includes family based immigration.
In addition to family based immigration, legal immigration includes asylum, refugees (with a special category for Iraqi refugees) and may be more!
In addition to family based immigration, legal immigration includes asylum, refugees (with a special category for Iraqi refugees) and may be more!
more...
jonty_11
07-11 04:20 PM
There is a lot of hurtburn among folks here abt a lot of things...Does that mean USCIS is going to cater to every case of heartburn. I dont think so.
realizeit
10-17 03:25 PM
This is a very important effort, I guess.
I believe, this will help all of us to understand where we all stand. I will try to send this request as soon as possible.
I believe, this will help all of us to understand where we all stand. I will try to send this request as soon as possible.
more...
sukhwinderd
02-16 07:49 PM
so many people stuck in backlog in DC/VA area and not even 5 came up for help.
i am hopeful of more contributions, please dont let me down.
thanks
i am hopeful of more contributions, please dont let me down.
thanks
2010 But I know a lot of guys
PresidentO
02-03 02:06 PM
Didn't we have these discussions over and over before? and the admins telling us to stop because IV goals are set and will not change?
If you just want to argue and waste time, lookup previous threads discussing this and you'll have enough reading material for weeks to come.
Because he does not care whether his personal agenda born out of righteous anger (politics doesn't care whether your anger is righteous or frustrated) fractures the already divided community. He thinks that he can get out 15-20 guys on the hill and get a 2 line bill that will end country caps. Well, Why not talk to his friends and get them on the hill? No, he wants to ignore the bylaws/agenda of this organization and wants to carve a separate faction on IV that will work for ending country caps. If some one does not know that he is doing a mistake, we can try to help him see the mistake. If he/she knows it, Do we need to tell him/her?
If you just want to argue and waste time, lookup previous threads discussing this and you'll have enough reading material for weeks to come.
Because he does not care whether his personal agenda born out of righteous anger (politics doesn't care whether your anger is righteous or frustrated) fractures the already divided community. He thinks that he can get out 15-20 guys on the hill and get a 2 line bill that will end country caps. Well, Why not talk to his friends and get them on the hill? No, he wants to ignore the bylaws/agenda of this organization and wants to carve a separate faction on IV that will work for ending country caps. If some one does not know that he is doing a mistake, we can try to help him see the mistake. If he/she knows it, Do we need to tell him/her?
more...
rajeevkaza
03-17 02:32 PM
My PD is March 2005, filed 485 in July 2007.
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va_jan_03
12-13 09:44 AM
I am sure the IV core would have thought about this option of contacting USCIS and let them know the problems because of retrogression.
But I like the idea of collecting 10$ for the fax and creating awareness. Lets move.
But I like the idea of collecting 10$ for the fax and creating awareness. Lets move.
more...
pmamp
07-05 01:48 PM
I think atleast the forums section should be made restricted to contributing members. I see many newcomers (both paying and freebies) come to this site and hoping to get a quick guidence on their immigration issue. They come here becasue they know a) they will get some answer quickly b) that answer will make sense and experinced users here who have gone through similar situation will share their insights.
Those are major outcomes or results for not paying any dime.
I can understand someone's concern about asking everyone to pay certain amount. But most of us here are earning decent wages and can contribute atleast 3$ a month (or 25$ a year) for such a service.
If those members want to contribute more as many of us do then they are most welcome to do so.
In $$$ terms of the 12K + members we can retain 40% (about 5K) and each of them contributes atleast 25$ a year (one time payment) = $75,000.00
Remember this $75K is only based on basic membership fees. Any dropouts or reduced rate of conversion will be compensated by those '20$ a month' paying members (roughly by 1 as to 10).
In short, I support this idea of having majority of forums under restricted umbrella.
- PMAMP
Those are major outcomes or results for not paying any dime.
I can understand someone's concern about asking everyone to pay certain amount. But most of us here are earning decent wages and can contribute atleast 3$ a month (or 25$ a year) for such a service.
If those members want to contribute more as many of us do then they are most welcome to do so.
In $$$ terms of the 12K + members we can retain 40% (about 5K) and each of them contributes atleast 25$ a year (one time payment) = $75,000.00
Remember this $75K is only based on basic membership fees. Any dropouts or reduced rate of conversion will be compensated by those '20$ a month' paying members (roughly by 1 as to 10).
In short, I support this idea of having majority of forums under restricted umbrella.
- PMAMP
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WeldonSprings
02-13 05:12 PM
By ensuring that Indians do not get H-1 B visas and don't require their services; the US Government is building Trade Barriers in terms of Indian Goods sold there!!!
WE DO NOT WANT COLGATE, VICKS, COCA-COLA AND PEPSI IN INDIA. THROW THEM OUT! THEY REMIND ME OF BRITISH EAST INDIA COMPANY!!!
Skilled immigrant not mucho good googling....:D
The Indian Consulate, New York, provides information on the relevant
Visas. It appears you will have to apply for an Employment Visa. There
is detailed information on the page and a Visa Application Form. I
note there is also a Journalists Visa which is for three months. I
don?t know if this is applicable to your situation.
This is some of the relevant information.
EMPLOYMENT VISA: Employment visas are initially issued for one-year
stay. A copy of the contract with the employer has to be enclosed.
Kindly note that Employment Visa is given only for jobs that require
very high level of skills and expertise. This can be extended by
Foreigners Regional Registration Office in India, if the job contract
continues. Spouses and children are granted co-terminus entry visas on
request.
http://www.indiacgny.org/php/showContent.php?linkid=23
WE DO NOT WANT COLGATE, VICKS, COCA-COLA AND PEPSI IN INDIA. THROW THEM OUT! THEY REMIND ME OF BRITISH EAST INDIA COMPANY!!!
Skilled immigrant not mucho good googling....:D
The Indian Consulate, New York, provides information on the relevant
Visas. It appears you will have to apply for an Employment Visa. There
is detailed information on the page and a Visa Application Form. I
note there is also a Journalists Visa which is for three months. I
don?t know if this is applicable to your situation.
This is some of the relevant information.
EMPLOYMENT VISA: Employment visas are initially issued for one-year
stay. A copy of the contract with the employer has to be enclosed.
Kindly note that Employment Visa is given only for jobs that require
very high level of skills and expertise. This can be extended by
Foreigners Regional Registration Office in India, if the job contract
continues. Spouses and children are granted co-terminus entry visas on
request.
http://www.indiacgny.org/php/showContent.php?linkid=23
more...
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plassey
07-23 07:00 AM
You are one of the biggest "CROOK" I have seen in recent times. Just by writting rubbish does not makes u a real senior member. Most of the advise you have been giving to people are simply WRONG. For example in this case two visas?
If you had even slightest knowledge of immigration law, you should have known that you cannot have two active visas in you passport, unless you are a diplomat.
Do you have an i-94 for the H1B visa? Do you have 2 visas in your passport - L1 and H1? Or so you have an a receipt issued by the USCIS for the H1B
Please clarify
If you had even slightest knowledge of immigration law, you should have known that you cannot have two active visas in you passport, unless you are a diplomat.
Do you have an i-94 for the H1B visa? Do you have 2 visas in your passport - L1 and H1? Or so you have an a receipt issued by the USCIS for the H1B
Please clarify
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tikka
07-03 09:34 PM
What IV will do different than what AILF is planning to do? They are not asking for any money for participating in litigation. What will happen if you don't reach your target of $5000 before you do something? (may be lawsuit).
Nobody takes money for filing lawsuit in any case, atleast not in advance.
No offense, but i thought you need to be little bit more clear in what exactly you plan to do with $5000.
I don't care if you get offended with my asking. But I am trying to unsderstand if i am missing something.
No one is offended but you might get more info if you pm core.
thank you
Nobody takes money for filing lawsuit in any case, atleast not in advance.
No offense, but i thought you need to be little bit more clear in what exactly you plan to do with $5000.
I don't care if you get offended with my asking. But I am trying to unsderstand if i am missing something.
No one is offended but you might get more info if you pm core.
thank you
more...
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logiclife
01-30 04:01 PM
Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
Good point. Employer would be breaking the law by asking you to pay and accepting payment for immigration fees. And frankly, I am not sure if there is a statute or a regulation that prevents that. I think its a regulation. So it would be a regulatory issue, not a statutory issue. And then again, paying would make you a willing participant so I dont know what your culpability would be.
And yes, desi companies hardly follow the rules and bend/break them every day.
And I am not saying that you should go or should not go for it. I am just saying that what you hear from them before you start working is only half the story and there are other unethical practices they engage in. So finally its your call if its worth it. Especially if you are close to getting 485 and EAD, then I would think its not worth going thru that nonsense of H4 to H1 especially with a desi employer.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
Good point. Employer would be breaking the law by asking you to pay and accepting payment for immigration fees. And frankly, I am not sure if there is a statute or a regulation that prevents that. I think its a regulation. So it would be a regulatory issue, not a statutory issue. And then again, paying would make you a willing participant so I dont know what your culpability would be.
And yes, desi companies hardly follow the rules and bend/break them every day.
And I am not saying that you should go or should not go for it. I am just saying that what you hear from them before you start working is only half the story and there are other unethical practices they engage in. So finally its your call if its worth it. Especially if you are close to getting 485 and EAD, then I would think its not worth going thru that nonsense of H4 to H1 especially with a desi employer.
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ita
02-02 03:25 PM
desi3933,
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.
I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.
If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.
All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.
I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.
If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.
All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
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ganguteli
02-03 11:00 AM
In the current economic environment, removing country quota seems like the only argument that can fly, since it does not increase actual visas.
In the current economic envireonment where H1Bs are being blamed in media do you think anything can fly. There is so much anti-India sentiment in the softare industry due to consulting companies. Do you think they will want more Indians as greencard holders? Think about it?
I think the first step should be to do a media campaign and clear all negative publicity H1Bs are getting. Second, all of us working for consulting companies and feel they are exploited need to come out and file lawsuits against employers and clean the system. If there is no exploitation and it is only a misinformation campaign by anti-immigrants then we need to clear that wrong too so that foriegn workers get their due recognition for helping this economy grow.
In the current economic envireonment where H1Bs are being blamed in media do you think anything can fly. There is so much anti-India sentiment in the softare industry due to consulting companies. Do you think they will want more Indians as greencard holders? Think about it?
I think the first step should be to do a media campaign and clear all negative publicity H1Bs are getting. Second, all of us working for consulting companies and feel they are exploited need to come out and file lawsuits against employers and clean the system. If there is no exploitation and it is only a misinformation campaign by anti-immigrants then we need to clear that wrong too so that foriegn workers get their due recognition for helping this economy grow.
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BharatPremi
09-26 10:22 AM
Dear Editor and Eilene Zimmerman,
I am very sad to inform you that this article is completely misleading readers about the rally organized by legal immigrants (Employment Based immigration catgory) .
Article tells 'Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.'
But in reality this march /rally was organized to protest Burocratic delays enforced by USCIS on applicants of Permanent residency who are suffering long delays since years. These legal immigrants, following every law and process dot able to see their Green Cards even after waiting 4 to 6 years, with some of them having rotted in queue since last 8 to 9 yeras.
I would request writer and you to have more information about the rally from the rally organizers (http://immigrationvoice.org) and publicly accept this arror and implement correction.
Thanks.
- XXXX
I am very sad to inform you that this article is completely misleading readers about the rally organized by legal immigrants (Employment Based immigration catgory) .
Article tells 'Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.'
But in reality this march /rally was organized to protest Burocratic delays enforced by USCIS on applicants of Permanent residency who are suffering long delays since years. These legal immigrants, following every law and process dot able to see their Green Cards even after waiting 4 to 6 years, with some of them having rotted in queue since last 8 to 9 yeras.
I would request writer and you to have more information about the rally from the rally organizers (http://immigrationvoice.org) and publicly accept this arror and implement correction.
Thanks.
- XXXX
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ajju
01-18 08:01 PM
Based on your state law, you may be required to carry your original DL and not copies.
I was talking about copy of EAD instead of original card.. But you made a valid point that EAD is not proof of immigration status... But then what is proof of Legal Status?? If you are on EAD.. you may not've H1...
Also carrying original EAD all the time is not a good idea... If you lose it.. it will take months to replace it... Not sure if during this.. you can work or not... Personally I was asked to show passport only once.. when driving through Texas by US Army... Within your state it may be okay if your DL is close to real ID... But still this is a confusing topic...
I was talking about copy of EAD instead of original card.. But you made a valid point that EAD is not proof of immigration status... But then what is proof of Legal Status?? If you are on EAD.. you may not've H1...
Also carrying original EAD all the time is not a good idea... If you lose it.. it will take months to replace it... Not sure if during this.. you can work or not... Personally I was asked to show passport only once.. when driving through Texas by US Army... Within your state it may be okay if your DL is close to real ID... But still this is a confusing topic...
anurakt
12-30 11:51 PM
Add St.Louis --- www.myilaaka.com
file485
12-22 07:34 PM
thanks UN for the reply..
what can I say..!! lost sleep for many days,but now there is nothing I can do and just hoping all will be positive...
now with a labor filed in 2003,485 in 2007 and the PDs rolled back to 2000 god knows when our GC misery ends..The GC sponsoring employer will help with all the letters we need...if our dates become current in another 2 yrs..so 2009 - 2003 i.e 6yrs gap between the labor and GC adjuctication, will this raise an eyebrow of the IO officer...? the GC sponsoring employer is a 80 million $ construction company..
also another question..I see conflicting opinions about letting USCIS know bout the change in job and using AC21...some say wait till RFE and some say send a letter upfront..what is the best option..? also if we use AC21 do we still need to show that we have intentions to join the original GC sponsored employer A or the latest GC sponsor becomes the AC21-ed company..
jeez ..so stressed out of this GC mess..
pls let us know..
what can I say..!! lost sleep for many days,but now there is nothing I can do and just hoping all will be positive...
now with a labor filed in 2003,485 in 2007 and the PDs rolled back to 2000 god knows when our GC misery ends..The GC sponsoring employer will help with all the letters we need...if our dates become current in another 2 yrs..so 2009 - 2003 i.e 6yrs gap between the labor and GC adjuctication, will this raise an eyebrow of the IO officer...? the GC sponsoring employer is a 80 million $ construction company..
also another question..I see conflicting opinions about letting USCIS know bout the change in job and using AC21...some say wait till RFE and some say send a letter upfront..what is the best option..? also if we use AC21 do we still need to show that we have intentions to join the original GC sponsored employer A or the latest GC sponsor becomes the AC21-ed company..
jeez ..so stressed out of this GC mess..
pls let us know..