Legal_In_A_Limbo
01-15 09:00 AM
please share ur experiences
please share ur experiences
please share ur experiences
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gauravsh
05-04 02:17 PM
So basically you are cheating the system? correct me if i am wrong.
how is that cheating? If I take a appartment on rent with lease on my name, pay my rent, pay my taxes, work for a US based company, pay my bills?
how is that cheating? If I take a appartment on rent with lease on my name, pay my rent, pay my taxes, work for a US based company, pay my bills?
Canadian_Dream
06-18 02:31 PM
That's NOT right. AC-21 Yates Memo states that:
As long as your I-140 is not revoked and your I-485 is NOT adjudicated with in 6 months, you are covered by AC-21 portability law. That means you can change jobs before six months (with or without EAD) and still continue with you GC process.
The chances of I-485 being adjudicated in six month is quite low. Stick to your current job for 2 months, remain on payroll for few months by forgoing PTO/Severance. That would give you 3-4 months. Then change your job with H1B and let your I-140/I-485 continue as it is. Send AC-21 letter at the end of 5th month. I think you should stick to your current employer.
Please check old thread on AC-21 discussions and the following link should be useful.
http://www.murthy.com/news/n_yatmay.html
To invoke, AC21 you should have filed 485 and passed 180 days.
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
As long as your I-140 is not revoked and your I-485 is NOT adjudicated with in 6 months, you are covered by AC-21 portability law. That means you can change jobs before six months (with or without EAD) and still continue with you GC process.
The chances of I-485 being adjudicated in six month is quite low. Stick to your current job for 2 months, remain on payroll for few months by forgoing PTO/Severance. That would give you 3-4 months. Then change your job with H1B and let your I-140/I-485 continue as it is. Send AC-21 letter at the end of 5th month. I think you should stick to your current employer.
Please check old thread on AC-21 discussions and the following link should be useful.
http://www.murthy.com/news/n_yatmay.html
To invoke, AC21 you should have filed 485 and passed 180 days.
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
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jsb
01-08 10:22 AM
Folks,
As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.
...
...
Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?
Whatever work related activities you do, including finding new clients, while employed, belongs to the employer (unless you have an agreement to the contrary, which you don't). Therefore, when you leave the employer, as per agreement you have, you can not take those clients with you.
As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.
...
...
Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?
Whatever work related activities you do, including finding new clients, while employed, belongs to the employer (unless you have an agreement to the contrary, which you don't). Therefore, when you leave the employer, as per agreement you have, you can not take those clients with you.
more...
pappu
01-20 09:21 PM
The whole retrogression is very depressing if you were to look at numbers and predictions based on the numbers. This is the reaosn we need to work harder and contribute our time and money for this effort. If we cannot do it this year, then we can easily forget getting a greencard for the next 2 years and more. There will be no immigration bill next year due to presidential election.
This is all the more reason for us to go all out and get the immigration bill passed this year itself. We need all members to help in this effort. We have a strong membership of around 8500 members we can count on for support. However it is sad that only 154 members have thus far contributed in the past 1 week despite all the effort to raise funds. IV is prepared to go all out and get the work done, the question is ARE YOU?
This is all the more reason for us to go all out and get the immigration bill passed this year itself. We need all members to help in this effort. We have a strong membership of around 8500 members we can count on for support. However it is sad that only 154 members have thus far contributed in the past 1 week despite all the effort to raise funds. IV is prepared to go all out and get the work done, the question is ARE YOU?
vbkris77
01-25 05:02 PM
It is upto employer lawyer to help.. It is a bad remark on the company.. So approach your company and have them work with consulate..
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
more...
RandyK
02-16 10:57 AM
How is the FBI check different for H1 Vs I-485/CP ? Don't they look for criminal history at both times ?
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zico123
05-17 02:00 PM
Deal reached after weeks of closed-door bipartisan negotiations
"Point system" established to consider education, skill-level in green card process
Illegal immigrants could get "Z visa" after paying $5,000 fine, returning home
Citizenship to be considered after border improvements, ID initiative complete
THE PROPOSAL
ILLEGALS:
� Those who arrived before January 1, 2007, will be given immediate work authorization, granted a "Z" visa and put on path to permanent residence.
� Head of household must return to home country within 8 years. They will be guaranteed back in.
� Penalty: $5000, staggered
ENFORCEMENT:
� Double border patrol, new security perimeter, border fence.
GUEST/TEMP WORKERS:
� Guest worker program cannot begin until enforcement provision is in place.
� 400,000 temp workers per year enter on two-year visas, must return home for a year then re-enter for additional two years. They may come three times.
� Earn points toward merit-based green card.
� May bring families on 30-day visitor visas each year.
Source: Sen. Edward Kennedy's office
"Point system" established to consider education, skill-level in green card process
Illegal immigrants could get "Z visa" after paying $5,000 fine, returning home
Citizenship to be considered after border improvements, ID initiative complete
THE PROPOSAL
ILLEGALS:
� Those who arrived before January 1, 2007, will be given immediate work authorization, granted a "Z" visa and put on path to permanent residence.
� Head of household must return to home country within 8 years. They will be guaranteed back in.
� Penalty: $5000, staggered
ENFORCEMENT:
� Double border patrol, new security perimeter, border fence.
GUEST/TEMP WORKERS:
� Guest worker program cannot begin until enforcement provision is in place.
� 400,000 temp workers per year enter on two-year visas, must return home for a year then re-enter for additional two years. They may come three times.
� Earn points toward merit-based green card.
� May bring families on 30-day visitor visas each year.
Source: Sen. Edward Kennedy's office
more...
HRPRO
02-23 11:28 AM
ARC,
My understanding is you will need a temp work visa to go to Canada, even if you have an EAD.
My understanding is you will need a temp work visa to go to Canada, even if you have an EAD.
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sharma1
01-29 04:53 PM
try POJO method to reach IO. You can find in "n" number of threads to reach IO based upon your service center. but it's based on your luck to get polite and cordial IO. Try multiple times and speak politely.
Posting this info. provided by some one in this forum long time back.
Call 1-800-375-5283
Press 1 to select English
Press 2 to skip introduction
Press 2
Press 6 to find case status information
Press 1
Now enter your receipt number SRCxxxxxxxxxx
Voice asks if SRC press 1
Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
Part way through the blah blah press 3
Wait a moment and press 4
(now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.
Once you get an IO, be very polite, and take notes for your records. Ask them for their badge number. That way you can reference each conversation by date and the badge number of the IO.
Some of the standard questions:
1) Name check Status ?
2) Background Check Status ?
3) Has it been assigned to an officer ?
4) When can I expect to get some updates on my case ?
5) Can you help me with a ball park date on when my case will be assigned to an officer?
Ofcourse, we all are aware of the standard response we get.
This is very helpful.Thank you.
Posting this info. provided by some one in this forum long time back.
Call 1-800-375-5283
Press 1 to select English
Press 2 to skip introduction
Press 2
Press 6 to find case status information
Press 1
Now enter your receipt number SRCxxxxxxxxxx
Voice asks if SRC press 1
Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
Part way through the blah blah press 3
Wait a moment and press 4
(now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.
Once you get an IO, be very polite, and take notes for your records. Ask them for their badge number. That way you can reference each conversation by date and the badge number of the IO.
Some of the standard questions:
1) Name check Status ?
2) Background Check Status ?
3) Has it been assigned to an officer ?
4) When can I expect to get some updates on my case ?
5) Can you help me with a ball park date on when my case will be assigned to an officer?
Ofcourse, we all are aware of the standard response we get.
This is very helpful.Thank you.
more...
eb3_nepa
07-28 01:37 PM
Let us see next month when EB2I will start getting lot of approvals. How many IV members contribute once they get GCs.
The problem here is, that once people get their GC, most cannot wait to get away from this site. I mean forget the actual Green Cards, even once the July 2nd filers got their EADs/APs etc, the activity on this forum has DRASTICALLY reduced.
Is it just me, or post the July 02 2007 filings, IV has been reduced to an "information only" kinda website BY ITS OWN MEMBERS? These days we simply post questions and expect answers, almost nothing seems to be happening. Everyone is content to enjoy the benefits of the I-485 filing and a lot of members have simply stopped visiting the site altogether.
So we can float this idea again, but the point is how many people will actually DO IT? I have started the "Give me a HIGH FIVE" campaign, where all the member has to do is contribute JUST $5.00. Yes JUST $5.00, nothing more. So far we have barely made $3,000. There are atleast 20,000 members who have no problems posting questions and "demanding" responses, but they cannot open their wallets even to the tune of $5.00. Do you really think, such members will contribute $100 AFTER they have already received their Green cards??
The problem here is, that once people get their GC, most cannot wait to get away from this site. I mean forget the actual Green Cards, even once the July 2nd filers got their EADs/APs etc, the activity on this forum has DRASTICALLY reduced.
Is it just me, or post the July 02 2007 filings, IV has been reduced to an "information only" kinda website BY ITS OWN MEMBERS? These days we simply post questions and expect answers, almost nothing seems to be happening. Everyone is content to enjoy the benefits of the I-485 filing and a lot of members have simply stopped visiting the site altogether.
So we can float this idea again, but the point is how many people will actually DO IT? I have started the "Give me a HIGH FIVE" campaign, where all the member has to do is contribute JUST $5.00. Yes JUST $5.00, nothing more. So far we have barely made $3,000. There are atleast 20,000 members who have no problems posting questions and "demanding" responses, but they cannot open their wallets even to the tune of $5.00. Do you really think, such members will contribute $100 AFTER they have already received their Green cards??
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kdprasad
07-12 11:11 PM
Its hard not to get excited but I agree with "Pitah" do pray who ever you believe in all we need to do now is pray for the good news that stand for a while.
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claudia255
10-22 03:11 PM
Thanks Admin2.
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vmetla
07-31 12:41 AM
I guess both options are good but I would suggest option 1. Btw you should kick you lawyer's a** so hard so that he would not make this mistake again in his life. Sorry for my language. Why do these lawyers screw up our lives? I have had enough with these so called idiots who cannot do a simple job without making any mistakes. My lawyer screwed up my life with just a single mistake and I have been suffering for the past 5 years now, otherwise I would have got my GC in 2005.
Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.
Yes thats right. I never thought i would face this issue with a single line on the ETA form.
I have taken this issue with my HR, and they are changing the immigration lawyers.
As a contingency measure, my HR is applying for 1 H1 extension, just in case the I-140 is denied. I hope the USCIS adjudicator is a cool guy and get satisfied with the evidence i submit.
Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.
Yes thats right. I never thought i would face this issue with a single line on the ETA form.
I have taken this issue with my HR, and they are changing the immigration lawyers.
As a contingency measure, my HR is applying for 1 H1 extension, just in case the I-140 is denied. I hope the USCIS adjudicator is a cool guy and get satisfied with the evidence i submit.
more...
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ashwinr
07-17 12:51 PM
My wife & i traveled last December and entered on AP. My H1 I797 is still active, but stamping was expired.
They sent us to secondary inspection & i submitted AP, passport, copy of AOS receipts. Half hour later, they returned the AP/passport with I94. No questions asked.
I'm traveling again in Sept and interested in knowing any recent experiences.
They sent us to secondary inspection & i submitted AP, passport, copy of AOS receipts. Half hour later, they returned the AP/passport with I94. No questions asked.
I'm traveling again in Sept and interested in knowing any recent experiences.
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manderson
11-11 12:35 PM
Don't count on it.
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plongwait
12-07 03:51 PM
Hi Everyone,
We r in a totally confused state of H1,H4,Visa & passport. I would be very gr8ful if u can help.
The thing is my husbnad is on H1 & me on H4.
His H1 was getting expired in Jan07 & has been extended till May08.
His passport is getting expired in Sep07(the 10yrs validity will be over & we will need to get a new passport plz mind new not renewed).
We r going to India in Jan-Feb07 & would like to get the Visa stamped there. Now the US consulate says that you present a passport that is valid for at least 6 months beyond your date of anticipated stay in the U.S. i.e May08 in our case.
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
3) Will appointment be available in Feb or we r too late ?
We have not yet sent the application for new passport. Not getting a clear cut solution for this situation we even wrote to the US consulate but no relevant reply.Plz suggest what is to be done.
Thanx in advance.:)
Thsi is my suggestion based on the personal experience. May be it's helpful t o you.
You can get your new passport in USA from your nearest Inidan Consulate. The form is very simple - may take just a few hours fill. Indian consulate takes about a week to get the new passport.
I have got new passport (after 10 years of expiry) for whole of my family from Indian Cosulate at San Francisco in 7 days. This process is really simple. As the Visa appointment dates in India are available at short notice, you may have enough time to get new passport and then ask for Visa appointment if you apply for the passport in next few days.
We r in a totally confused state of H1,H4,Visa & passport. I would be very gr8ful if u can help.
The thing is my husbnad is on H1 & me on H4.
His H1 was getting expired in Jan07 & has been extended till May08.
His passport is getting expired in Sep07(the 10yrs validity will be over & we will need to get a new passport plz mind new not renewed).
We r going to India in Jan-Feb07 & would like to get the Visa stamped there. Now the US consulate says that you present a passport that is valid for at least 6 months beyond your date of anticipated stay in the U.S. i.e May08 in our case.
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
3) Will appointment be available in Feb or we r too late ?
We have not yet sent the application for new passport. Not getting a clear cut solution for this situation we even wrote to the US consulate but no relevant reply.Plz suggest what is to be done.
Thanx in advance.:)
Thsi is my suggestion based on the personal experience. May be it's helpful t o you.
You can get your new passport in USA from your nearest Inidan Consulate. The form is very simple - may take just a few hours fill. Indian consulate takes about a week to get the new passport.
I have got new passport (after 10 years of expiry) for whole of my family from Indian Cosulate at San Francisco in 7 days. This process is really simple. As the Visa appointment dates in India are available at short notice, you may have enough time to get new passport and then ask for Visa appointment if you apply for the passport in next few days.
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dontcareanymore
07-31 01:16 PM
Thanks.
Now something that had been on top of my mind for long. Does anyone know how to make Google include subjective interpretation to search query? I will elaborate ...
Say you want to search for all the work been done or being done on say "teapot". Normally you type in "teapot" in search bar and Google will dump millions of results. And those results would be screened objectively based on the search query i.e. "teapot". But interestingly, "kettle" is also a synomous for "teapot" but since the search was objectively driven, this subjective association would be excluded. This is just an example, I framed to explain my point.
A quick answer to above would be to include any synomous words, but we all know in techonological world and especially in the IP area, their could numerous ways to hid the information while maintaining it on public forums. If you have been engaged in IP development, you will understand what I am talking about.
"Semantic search" is what you are looking for. There is a lot of work going on in this area.
I think you know how to know more about it :)
Now something that had been on top of my mind for long. Does anyone know how to make Google include subjective interpretation to search query? I will elaborate ...
Say you want to search for all the work been done or being done on say "teapot". Normally you type in "teapot" in search bar and Google will dump millions of results. And those results would be screened objectively based on the search query i.e. "teapot". But interestingly, "kettle" is also a synomous for "teapot" but since the search was objectively driven, this subjective association would be excluded. This is just an example, I framed to explain my point.
A quick answer to above would be to include any synomous words, but we all know in techonological world and especially in the IP area, their could numerous ways to hid the information while maintaining it on public forums. If you have been engaged in IP development, you will understand what I am talking about.
"Semantic search" is what you are looking for. There is a lot of work going on in this area.
I think you know how to know more about it :)
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maddipati1
02-04 04:39 PM
need to travel in few days and my AP is about to get approved.
indian111
07-28 07:47 PM
It takes roughly 20 business days. We just got ours.
Hi Sumkam,
Can you let me know if you e-filed or paper filed?
Thanks
Hi Sumkam,
Can you let me know if you e-filed or paper filed?
Thanks
lostinbeta
11-17 03:29 PM
No more votes?
If not, this poll is going to close pretty early :-\
If not, this poll is going to close pretty early :-\
