kumar1
01-30 02:03 PM
Stop spreading wrong information desi!!
let me add my 2 cents here -
1. There is no rule that h1 status expires after 1 year of no use. The key word here is h1 status.
2. If the person is in us, then he/she 30 days to start working on h1 job else apply for change of status (or leave us and re-enter on some other visa).
3. If the person is entering us on h1 visa, then he/she has 60 days to start working on h1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on h1 job, you are out of status since oct 1st. (there is no grace period for out status. However, out of status does not mean illegal presence as long as i-94 date is not expired or uscis has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good luck.
____________________
not a legal advice.
Us citizen of indian origin
let me add my 2 cents here -
1. There is no rule that h1 status expires after 1 year of no use. The key word here is h1 status.
2. If the person is in us, then he/she 30 days to start working on h1 job else apply for change of status (or leave us and re-enter on some other visa).
3. If the person is entering us on h1 visa, then he/she has 60 days to start working on h1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on h1 job, you are out of status since oct 1st. (there is no grace period for out status. However, out of status does not mean illegal presence as long as i-94 date is not expired or uscis has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good luck.
____________________
not a legal advice.
Us citizen of indian origin
wallpaper Map of Hawaii
franklin
07-10 11:12 AM
Check the USCIS Home page-
http://www.uscis.gov
Yes, you will notice that this has been posted in multiple threads yesterday as well as this website's home page
http://www.uscis.gov
Yes, you will notice that this has been posted in multiple threads yesterday as well as this website's home page
kshitijnt
05-09 07:15 PM
Western govts. understand only one language, that is lawsuits. Everything else is taken as sucking up to them and weakness. The Indian community in UK has been successful by means of lawsuits. Although I am a big fan and supporter of IV, I think the option of taking lawsuit off the table has hurt us more than it has helped us. Why are we paying $25K for FOIA when no information has come out of it? Instead we should file a grand lawsuit? All information we are expecting from FOIA would be forced to be shared in lawsuit anyway.
I know of one such lawsuit by Mr Rajeev Khanna in 2003, although the lawsuit failed, the speed of 485 processing increased sharply soon after. We have to make bold choices as a community.
The worldwide message of Obama administration being blamed of discrimination from a president whose community was discriminated against is not something white house would be proud of.
Although I do not expect justice in american justice system, at the very least we can send a strong message across to the larger Indian community that would be watching worldwide.
The message is getting stronger in India that Obama administration is anti India for no fault of India and we can make an all out effort using media, lawsuit and everything else in our means to settle the issue once for all.
I know of one such lawsuit by Mr Rajeev Khanna in 2003, although the lawsuit failed, the speed of 485 processing increased sharply soon after. We have to make bold choices as a community.
The worldwide message of Obama administration being blamed of discrimination from a president whose community was discriminated against is not something white house would be proud of.
Although I do not expect justice in american justice system, at the very least we can send a strong message across to the larger Indian community that would be watching worldwide.
The message is getting stronger in India that Obama administration is anti India for no fault of India and we can make an all out effort using media, lawsuit and everything else in our means to settle the issue once for all.
2011 Hawaii population density map
iviviv
10-24 07:31 PM
What is IV's game plan after the elections? Are we being proactive by contacting key Democrats and making them aware of our issues?
more...
v2neha
09-16 06:21 PM
Congrats !!! and can you please give me the details how to contact Sen. Kennedy - MA
If you live in MA, go to http://kennedy.senate.gov/ and select 'case work' from Constituents Services. If you live in another state, go to your state's senator's website and find link to send them request related to cases pending with gov. agencies.
BTW - I received physical EAD cards with two year validity in mail on 9/11
If you live in MA, go to http://kennedy.senate.gov/ and select 'case work' from Constituents Services. If you live in another state, go to your state's senator's website and find link to send them request related to cases pending with gov. agencies.
BTW - I received physical EAD cards with two year validity in mail on 9/11
desi3933
06-28 09:39 AM
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
Let me ask you a straight question -
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
.
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
Let me ask you a straight question -
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
.
more...
mirage
03-16 11:09 AM
They recaptured unused Visas once, somewhere in 1997 I'm not sure exactly when it happened, but that took care of the backlog then.
The main thing which we are struggling with are the 200K H1B between 1999 & 2001 and one more reason is 245i cases. In the year 2001 Clinton Administration gave Amnesty to Illegals, they were given opportunity to file their 485s with PD of April'2001...Now this is controversial, as I have even asked few lawyers about which categoy they fell in ? Some says 'EB-3' other says 'Other Workers' Category.
If it is EB-3 you know the answer why the dates haven't passed the big hump of 2001 in last 4 years...
Good discussion.
But even if it was 65000, from India, I'm sure most of them took a big slice, lets say 30%= 20,000 H1 visas. And did the 7% quota formula might have existed at that time too. If so, even then there must be quite a big line. Why were things current at any point, they must not be going by these numbers, and even assuming they did the processing without visa losses.
The main thing which we are struggling with are the 200K H1B between 1999 & 2001 and one more reason is 245i cases. In the year 2001 Clinton Administration gave Amnesty to Illegals, they were given opportunity to file their 485s with PD of April'2001...Now this is controversial, as I have even asked few lawyers about which categoy they fell in ? Some says 'EB-3' other says 'Other Workers' Category.
If it is EB-3 you know the answer why the dates haven't passed the big hump of 2001 in last 4 years...
Good discussion.
But even if it was 65000, from India, I'm sure most of them took a big slice, lets say 30%= 20,000 H1 visas. And did the 7% quota formula might have existed at that time too. If so, even then there must be quite a big line. Why were things current at any point, they must not be going by these numbers, and even assuming they did the processing without visa losses.
2010 The Hawaii map includes only
Naveen
05-04 07:59 PM
Hello Sir,
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Hello Madam,
22 CFR 42.32 a(2),b(2),C(2) page 224
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Hope this helps you sleep better at night.
Thanks
P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Hello Madam,
22 CFR 42.32 a(2),b(2),C(2) page 224
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Hope this helps you sleep better at night.
Thanks
P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?
more...
Mount Soche
11-06 02:27 PM
I'm a july filer (July 16th)
have gotten EAD
Case status online says AP approved on Nov 2nd.
But NO FP.
Opened a SR on Oct 19th but don't have an appointment.
Called again yesterday and was told to call back on Nov 19th if I still don't have FP appointment.
Of the 6 filers at my job, only 2 got FP...very strange.
FYI, when I called the USCIS, they said it is very unusual not to get FP right after receipt notices. Apparently, the FP appointments are sent "automatically" after the receipts are generated/sent etc. That's what the USCIS rep told me anyways and she opened a SR on her own based on the info I gave her that my FP appointment hadn't arrived after over 100 days.
have gotten EAD
Case status online says AP approved on Nov 2nd.
But NO FP.
Opened a SR on Oct 19th but don't have an appointment.
Called again yesterday and was told to call back on Nov 19th if I still don't have FP appointment.
Of the 6 filers at my job, only 2 got FP...very strange.
FYI, when I called the USCIS, they said it is very unusual not to get FP right after receipt notices. Apparently, the FP appointments are sent "automatically" after the receipts are generated/sent etc. That's what the USCIS rep told me anyways and she opened a SR on her own based on the info I gave her that my FP appointment hadn't arrived after over 100 days.
hair Map of Hawaii
blackberry
08-26 06:25 PM
Saralayar,
Please add a poll to this thread to track number of application mailed per week to USCIS eg Week of July 17th, Week of July 23, Week of July 30,Week of August 6 & Week of August 13th.
Hopefully this will help us understand the load.
--BB
I am starting this thread , as there is a thread for July 2nd filers only. This thread can be used for information on receipt number etc., for the I 485 filers who filed between July 17 - Aug 17th.
Please add a poll to this thread to track number of application mailed per week to USCIS eg Week of July 17th, Week of July 23, Week of July 30,Week of August 6 & Week of August 13th.
Hopefully this will help us understand the load.
--BB
I am starting this thread , as there is a thread for July 2nd filers only. This thread can be used for information on receipt number etc., for the I 485 filers who filed between July 17 - Aug 17th.
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godspeed
02-11 10:46 AM
^^^^
hot Hawaii Island Dive Map
walking_dude
10-08 04:07 PM
How do you know its rare? Do you know every Indian, every Chinese, every Mexican, every Phillipino [ all non-ROW countries] who has ever applied for EB GC? Mathew Oh posting about it shows it's being used by substantially.
In the same stroke, if we count the people who got stuck behind despite earlier PDs using real statistics, it may turn out to be less than 'Alternate Chargeability' + American spouse cases. Most people have been getting GCs by PDs!
Labour substituition is no longer allowed. But thousands of Substitution labors got approved just prior to July 16th(?) DOL deadline. So how trustworthy is the "holy" PD?
How many Indians do you know who have married sri lankans or pakistanis??? Its rare and its not worth making an issue.
India/China has huge population and therefore the number of applications far exceed ROW. Now who is to blame? Our parents? Our nation? Our politicians?
Labour substituition----Now thats bad...but its no longer allowed
In the same stroke, if we count the people who got stuck behind despite earlier PDs using real statistics, it may turn out to be less than 'Alternate Chargeability' + American spouse cases. Most people have been getting GCs by PDs!
Labour substituition is no longer allowed. But thousands of Substitution labors got approved just prior to July 16th(?) DOL deadline. So how trustworthy is the "holy" PD?
How many Indians do you know who have married sri lankans or pakistanis??? Its rare and its not worth making an issue.
India/China has huge population and therefore the number of applications far exceed ROW. Now who is to blame? Our parents? Our nation? Our politicians?
Labour substituition----Now thats bad...but its no longer allowed
more...
house Hawaiian Islands combined,
seshadsr
02-24 12:53 PM
I just contributed $50
Feb 24, 2011 10:53:12 PST
Transaction ID: 0V703688KE277903E
Feb 24, 2011 10:53:12 PST
Transaction ID: 0V703688KE277903E
tattoo Hawaii State Maps
amitjoey
11-17 03:45 PM
Is there a phone campaign planned?
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pictures The islands are
CADude
08-28 01:36 PM
It's very frustrating.. TSC is sitting on our application or what? Approx 30K applications are there for July 2nd filer including NSC->TSC transfer(per old NYT report). We see reporting of 1 or 2 receipting a day then few quite days. :mad:
It will approx 60 days since filing and still waiting for check encash/Receipt. What a heck.. :mad:
I have only seen just one or two cases so far with receipts I mean filed on Jul 2. I myself am a Jul 2 filer NSC filer with TSC approved 140 and haven't gotten anything yet....I also had the LUd on 7/28/07.
It will approx 60 days since filing and still waiting for check encash/Receipt. What a heck.. :mad:
I have only seen just one or two cases so far with receipts I mean filed on Jul 2. I myself am a Jul 2 filer NSC filer with TSC approved 140 and haven't gotten anything yet....I also had the LUd on 7/28/07.
dresses Hawaiian Islands Homepage
mbsac
10-04 01:01 PM
Hello,
My application reached USCIS on July 5th, at 11.11 am at Nebraska SC signed by F.HEINAUER. But so far Checks have not been cashed
I have added myself to the List
Originally Posted by Rohan99
If you are still waiting then please add your name
Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
July 5th
------------------------------------
chalamcharla
mbsac
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
July 13, at 11.11 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
gcnm04
July 16, at 11.16 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
fetch_gc
Please see signature for more details.Thx-- fetch_gc
My application reached USCIS on July 5th, at 11.11 am at Nebraska SC signed by F.HEINAUER. But so far Checks have not been cashed
I have added myself to the List
Originally Posted by Rohan99
If you are still waiting then please add your name
Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
July 5th
------------------------------------
chalamcharla
mbsac
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
July 13, at 11.11 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
gcnm04
July 16, at 11.16 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
fetch_gc
Please see signature for more details.Thx-- fetch_gc
more...
makeup Official NPS map of Hawaii
Gravitation
05-10 02:20 AM
I had asked about this earlier too. Can one buy a business and sponsor others om H1-B when one is on H1B ?
yes
yes
girlfriend Map of the Hawaiian Islands
mchatrvd
08-26 03:55 PM
I will also suggest guys waiting with their PD current to write to the USCIS Director in DC. I did that; not sure if that worked in my case, but one needs to explore every way of bringing their case to the attention of the management.
hairstyles Hawaii mapping program
unitednations
08-25 02:03 PM
I agree it is wrong ...but let us look from the employer point of view ...mostly such employers are small companies trying to survive ...they have to balance 2 acts ..get a consultant and then find him a project soon..both are unknowns ..i.e. his consultant may get a h1 and then that person on h1 maybe smart enough to get a project ..it is difficult and these companies do serve a purpose i.e. they give entry in to US for many consultants ..who then jump after getting some experience.
The issue boils down to this:
Companies want to retain the employee as long as they can
consultant wants to leave as fast as they can
company wants to pay the least
consultant wants the most pay
Above four issues can be dealt with.
However; off of a project; company doesn't want to cancel h-1b (their investment, don't want to pay salary because it is cost prohibitive; many consultants want to go % basis as soon as they can and that is very little to pay people who are on bench). company tries to tell consultant to transfer h-1b or go back to home country and wait for new project. Consultant doesn't want to go back (they have their life here; kids going to school; car payments, friends, etc.).
It is a pretty easy solution from a company point of view; we don't pay bench but as soon as you are off project then you gotta go. People will beg and plead not to go; they will then try to transfer h-1b to another company without a job.
A lot of this has to do with person not wanting to leave and do everrything possible to stay.
The issue boils down to this:
Companies want to retain the employee as long as they can
consultant wants to leave as fast as they can
company wants to pay the least
consultant wants the most pay
Above four issues can be dealt with.
However; off of a project; company doesn't want to cancel h-1b (their investment, don't want to pay salary because it is cost prohibitive; many consultants want to go % basis as soon as they can and that is very little to pay people who are on bench). company tries to tell consultant to transfer h-1b or go back to home country and wait for new project. Consultant doesn't want to go back (they have their life here; kids going to school; car payments, friends, etc.).
It is a pretty easy solution from a company point of view; we don't pay bench but as soon as you are off project then you gotta go. People will beg and plead not to go; they will then try to transfer h-1b to another company without a job.
A lot of this has to do with person not wanting to leave and do everrything possible to stay.
tuhin
11-18 02:53 PM
Done
girishvar
08-10 09:59 PM
I only got CPO on 8/8/8 and soft LUD on 8/9/8/
My husband received CPO mail on 08/04, welcome mail on 08/05, soft LUD on 08/06 and approval notice sent mail on 08/09 but dated 08/08 in USCIS status. Hoping to have the GC in hand next week.
Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?
My husband received CPO mail on 08/04, welcome mail on 08/05, soft LUD on 08/06 and approval notice sent mail on 08/09 but dated 08/08 in USCIS status. Hoping to have the GC in hand next week.
Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?
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