willigetagc
08-17 02:32 PM
just remember to carefully preserve all payslips, email communications, and all other docs from this period. If and when you file for GC, you MAY need these docs.
But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.
But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.
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amoljak
10-16 01:51 PM
Which country are you from ?
fromnaija
09-22 05:55 PM
Is it possible to include "allow filing 485" if labor has been pending for 2+ years?
Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.
I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.
But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.
I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.
Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.
I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.
But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.
I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.
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thirumalkn
07-26 05:11 PM
Thanks for the info vxg. Thanks for sharing.
So, did you notify USCIS at any stage about your promotion ?
My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.
So, did you notify USCIS at any stage about your promotion ?
My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.
more...
GCwaitforever
05-24 09:38 AM
By the way, the article refers to Immigrant Voice instead of Immigration Voice. I can not find e-mail address of the author. Please get in touch with the author if you can, to have this corrected.
mbartosik
09-12 07:34 PM
If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
more...
everonh1
06-21 02:59 PM
I am in same boat.
Here is my experience with USCIS at San Francisco:-
Went to USCIS SFO Today.
They bluntly told me that they have no process to re-issue I-94s.
Either file an H1 Extension or leave the country and get back in for a new extended I-94.
I argued with them that this is real crazy - how come you dont have a process to fix the I-94 after passport is extended and well before I-94 expiry date.
They had no answer and stuck to their answer that they cant do much and I have only those 2 options.
I asked them if San Francisco CBP will fix it - they said NO,they wont.
Also,apparently as per USCIS officials,I cant go to any of the border Countries like Canada,Mexico as they dont issue I-94 if stay there is less than 30 days.
So I have to go out to any country other than border countries and only then I-94 will be issued?
How more crazy can USCIS be?
How come AILA or someone never raised this issue with USCIS- as this is such a common scenario.
Here is my experience with USCIS at San Francisco:-
Went to USCIS SFO Today.
They bluntly told me that they have no process to re-issue I-94s.
Either file an H1 Extension or leave the country and get back in for a new extended I-94.
I argued with them that this is real crazy - how come you dont have a process to fix the I-94 after passport is extended and well before I-94 expiry date.
They had no answer and stuck to their answer that they cant do much and I have only those 2 options.
I asked them if San Francisco CBP will fix it - they said NO,they wont.
Also,apparently as per USCIS officials,I cant go to any of the border Countries like Canada,Mexico as they dont issue I-94 if stay there is less than 30 days.
So I have to go out to any country other than border countries and only then I-94 will be issued?
How more crazy can USCIS be?
How come AILA or someone never raised this issue with USCIS- as this is such a common scenario.
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Berkeleybee
05-24 11:33 PM
To reinforce our fax campaign, we should start calling the senators and start reinforcing our message to them. Please do not hesitate or be shy of doing this. Now is the time that you can make a difference.
Please stick to directions and talking points, stay on message and be calm, polite. Avoid sarcasm and rhetoric at all costs even if they disagree with you completely.
Here are the instructions of what you should do
Call the Washington DC Phone numbers of the following Senators. Check this post during the day because we may add to this list:
We want to reach them as early as possible before the vote on the Bingaman Amendments S.A. 4181 and 4182 take place. The Senate reconvenes at 9:15 am tomorrow (May 25, Thursday), we do not know at when the vote on these amendments will take place, so call as early as possible:
• John Cornyn (TX) - 202-224-2934
• Ed Kennedy (MA) – 202-224-4543
• Arlen Specter (PA) – 202-224-4254
• John McCain (AZ) – 202-224-2235
• Larry Craig (ID)– 202-224-2752
• Lindsey Graham (SC) –202-224-5972
• Jeff Bingaman (NM) - (202) 224-5521
• Dick Durbin (IL) – 202-224-2152
WHY IT IS OK TO CALL SENATORS WHO ARE NOT FROM YOUR STATE
Even if a senator is not from your state and if that questions comes up during phone call, explain the reason for calling by saying that "Since Immigration laws are federal laws and every senator's vote affects us in all 50 states, your time and the senators support would be highly appreciated".
Once they pick up the phone:
1. Introduce yourself
My name is _______ I am a member of a volunteer organization called Immigration Voice which advocates legislative changes for improving the GC processing for legal immigrants.
I have been a legal resident of the USA for x years and my employer is sponsoring me for a greencard.
2. Ask for the Immigration Counsel/ Staffer
3. Talking Points
• Very Briefly Express Overall Support for the Bill
Request the Senator to support the Comprehensive Immigration Bill, especially those provisions that support the highly skilled immigrants. Reiterate that all of us are LEGAL immigrants and have obeyed the laws of immigration at all times. Reiterate the fact that many of us have been waiting here for more than 5 years to get our green cards.
• Oppose the Bingaman Amendments S.A. 4181 and S.A. 4182
At present the CIR bill has a provision of not counting dependents against the cap. This is the way it should be because employment based visa quotas are properly meant for essential highly skilled workers, they shouldn’t be wasted on their dependents. After all the American business that is trying to stay competitive by hiring this workers is petitioning to get a skilled worker, not a dependent child.
The Bingaman Amendments S.A. 4181 and S.A. 4182 try to once again include dependents in the calculations of the annual quota for employment based highly skilled workers. This is harmful for American competitiveness, and will waste visas meant for highly skilled essential workers on their dependents.
Urge the Senator to vote against these amendments. Remind them that Sen Bingaman’s own PACE Education bill (S. 2198) does not include dependents in the calculation of the annual quota for high skilled workers.
• Thank the staffer for their time.
Post Here. Once you have called these senators, post back here so that it will motivate others to do the same.
Please stick to directions and talking points, stay on message and be calm, polite. Avoid sarcasm and rhetoric at all costs even if they disagree with you completely.
Here are the instructions of what you should do
Call the Washington DC Phone numbers of the following Senators. Check this post during the day because we may add to this list:
We want to reach them as early as possible before the vote on the Bingaman Amendments S.A. 4181 and 4182 take place. The Senate reconvenes at 9:15 am tomorrow (May 25, Thursday), we do not know at when the vote on these amendments will take place, so call as early as possible:
• John Cornyn (TX) - 202-224-2934
• Ed Kennedy (MA) – 202-224-4543
• Arlen Specter (PA) – 202-224-4254
• John McCain (AZ) – 202-224-2235
• Larry Craig (ID)– 202-224-2752
• Lindsey Graham (SC) –202-224-5972
• Jeff Bingaman (NM) - (202) 224-5521
• Dick Durbin (IL) – 202-224-2152
WHY IT IS OK TO CALL SENATORS WHO ARE NOT FROM YOUR STATE
Even if a senator is not from your state and if that questions comes up during phone call, explain the reason for calling by saying that "Since Immigration laws are federal laws and every senator's vote affects us in all 50 states, your time and the senators support would be highly appreciated".
Once they pick up the phone:
1. Introduce yourself
My name is _______ I am a member of a volunteer organization called Immigration Voice which advocates legislative changes for improving the GC processing for legal immigrants.
I have been a legal resident of the USA for x years and my employer is sponsoring me for a greencard.
2. Ask for the Immigration Counsel/ Staffer
3. Talking Points
• Very Briefly Express Overall Support for the Bill
Request the Senator to support the Comprehensive Immigration Bill, especially those provisions that support the highly skilled immigrants. Reiterate that all of us are LEGAL immigrants and have obeyed the laws of immigration at all times. Reiterate the fact that many of us have been waiting here for more than 5 years to get our green cards.
• Oppose the Bingaman Amendments S.A. 4181 and S.A. 4182
At present the CIR bill has a provision of not counting dependents against the cap. This is the way it should be because employment based visa quotas are properly meant for essential highly skilled workers, they shouldn’t be wasted on their dependents. After all the American business that is trying to stay competitive by hiring this workers is petitioning to get a skilled worker, not a dependent child.
The Bingaman Amendments S.A. 4181 and S.A. 4182 try to once again include dependents in the calculations of the annual quota for employment based highly skilled workers. This is harmful for American competitiveness, and will waste visas meant for highly skilled essential workers on their dependents.
Urge the Senator to vote against these amendments. Remind them that Sen Bingaman’s own PACE Education bill (S. 2198) does not include dependents in the calculation of the annual quota for high skilled workers.
• Thank the staffer for their time.
Post Here. Once you have called these senators, post back here so that it will motivate others to do the same.
more...
go_gc_way
05-25 10:37 PM
My sincere , Thanks for your support & help provided to IV.
YOU ARE GREAT.
YOU ARE GREAT.
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senthil
02-12 01:11 PM
- lazy folks, are NOT just lazy to contribute $$
- many simply just dont know what mess that are into yet
im sure time will teach lessons to those, but no use - it may be too late. they might think about IV - when they have packed their bags and while at the airport, taring their I-94's one last US departure. yeah going for good is what i mean. see you somewhere in india. may be a good subject to talk when we all retire.
- many simply just dont know what mess that are into yet
im sure time will teach lessons to those, but no use - it may be too late. they might think about IV - when they have packed their bags and while at the airport, taring their I-94's one last US departure. yeah going for good is what i mean. see you somewhere in india. may be a good subject to talk when we all retire.
more...
sac-r-ten
06-02 11:26 AM
All the guys waiting in Canada, you can ask your passport and all other papers back from the Consulate and return to India and try stamping there.
I have heard cases where people in india went for stamping and since they were put on Admin processing, took their passports and returned back on AP. Well, they had AP to fall back. But i think if you are too much worried staying in Canada, better to ask the consultate to return back all papers and passport and go back to homeland and try stamping there. Atleast you will be less worries in homeland and have a good time with family back there.
Just my 2 cents.
Good luck my friends.
I have heard cases where people in india went for stamping and since they were put on Admin processing, took their passports and returned back on AP. Well, they had AP to fall back. But i think if you are too much worried staying in Canada, better to ask the consultate to return back all papers and passport and go back to homeland and try stamping there. Atleast you will be less worries in homeland and have a good time with family back there.
Just my 2 cents.
Good luck my friends.
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pcs
01-03 04:02 PM
Can we make it flexible so that the jump in amount can be as low as possible with a $20 minimum
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jai_immigration
04-30 03:51 PM
I have done interfiling myself with PD of March 2000, no luck yet. Interfile is a matter of luck, there is no guarantee that the letter you send will reach your file. Also USCIS does not give any confirmation that received your interfile and will transfer the PD. All depends on when they process your case and see your interfile, they may take action.
I had sent my interfile January sent by Fax and also by Fedex, followed up with a phone call numerous times. Not discouraging, but wanted to share my experience.
I had sent my interfile January sent by Fax and also by Fedex, followed up with a phone call numerous times. Not discouraging, but wanted to share my experience.
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dreamworld
12-13 04:05 PM
I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
To your question:
Yes, You can apply under EB2 with Masters degree.
But do your own research on pursuing masters. It will take alteast 2+ years to complete and land on a job. The GC process and Economy might swing back or forth without your control.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
To your question:
Yes, You can apply under EB2 with Masters degree.
But do your own research on pursuing masters. It will take alteast 2+ years to complete and land on a job. The GC process and Economy might swing back or forth without your control.
more...
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solaris27
03-13 09:59 AM
Congratulations
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GCBy3000
01-14 12:52 PM
Only H1 reform is likely by feb 15th.
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ksairi
08-17 02:06 PM
Most folks here would have used a lens to double check their APplns before mailing it.
If your friend wants to know ask him to join IV , why are you proxying for him > He shud be more worried than you. Pls talk to a professional lawyer on this situation, I am sure none of the folks here can advise on this,
If you do not know - that is fine , you should not confirm that no body in this forum can answer that.
Every body knows that lawer can advise, who ever browisng this forum they are browsing for the cause if any body know it they can answer right.
My friend - infact he his my room mate got an appointment with attorney after two weeks , becuase of the rush until 17th August, even he can able to contact the attorney over the phone.
He has requested me to post and search in the forums to get any possible answer before 17th so that he can re file . but the now that option is closed.
He his very busy with few productions issues at the site and he can not browse few sites from his office- including this immigrationvoice. he is already a member of this forrm, I am just trying to help him.
If you can not help your roomtae - how can you volunteer to unknown Immigration voice members.
Please don't give this kind of suggestions- every body knows. we are here for the cause. If you don't know that is it queep quiet. try to do research try to help if you willing for the cause. Ok.
If your friend wants to know ask him to join IV , why are you proxying for him > He shud be more worried than you. Pls talk to a professional lawyer on this situation, I am sure none of the folks here can advise on this,
If you do not know - that is fine , you should not confirm that no body in this forum can answer that.
Every body knows that lawer can advise, who ever browisng this forum they are browsing for the cause if any body know it they can answer right.
My friend - infact he his my room mate got an appointment with attorney after two weeks , becuase of the rush until 17th August, even he can able to contact the attorney over the phone.
He has requested me to post and search in the forums to get any possible answer before 17th so that he can re file . but the now that option is closed.
He his very busy with few productions issues at the site and he can not browse few sites from his office- including this immigrationvoice. he is already a member of this forrm, I am just trying to help him.
If you can not help your roomtae - how can you volunteer to unknown Immigration voice members.
Please don't give this kind of suggestions- every body knows. we are here for the cause. If you don't know that is it queep quiet. try to do research try to help if you willing for the cause. Ok.
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prioritydate
03-27 09:58 PM
It will not be a problem at all. I know a person who was without a job for 9 months during that time period and still got his green card, so I would assume that you are safe. You should be worried about this at all. This is just my opinion. The final outcome depends upon the person who is approving the case.
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aaaa4321
08-31 03:02 PM
Thanks to all of you for explaining the real thing.
gc28262
01-16 03:29 PM
Lofgreen's office entertains calls from her constituents only. This is my experience when I tried to call her office last year.
Please correct me if I am wrong.
Please correct me if I am wrong.
Irs
05-12 09:48 AM
if you go to India and your application is cleared when you are there, you must return to the consulate who approved your application to get your visa stamped.
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