vij
06-15 11:28 AM
Receipts only recieved by lawyer? Will benefeciary get any updates?
I have the same question. who gets the receipts? - only lawyer or both lawyer and benefeciary or both lawyer and employer
I have the same question. who gets the receipts? - only lawyer or both lawyer and benefeciary or both lawyer and employer
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rpulipati
09-27 12:20 PM
I and my wife received transfer notice to TSC yesterday. This may be because of my pending I-140 at TSC.
RD: 07/19/07
ND: 07/21/07
I dont know if my checks are cashed or not (My employer provided them).
Thanks
RD: 07/19/07
ND: 07/21/07
I dont know if my checks are cashed or not (My employer provided them).
Thanks
kshitijnt
05-09 08:49 PM
Roger and BECsufferer, I hear your arguments and you two have a valid point of view. We need to do something at the least. Not doing anything is not an option.
However, please understand, we are asking for "fair" and "equitable" treatment for those who are already inside the country and devoted sufficient time of their life here. To me this means "justice." If you are constantly denied justice then there is constitution to protect the rights.
We are not asking for their "help" or "favor". Although immigration is a privilege, there is a law that governs it and it seems it is possible that EB Indians are targeted by this administration. Infact in good times of this country we have done it a lot of favor instead of our home country. Now is the time to ask for "rights" for our contribution.
My question is, if Americans are distressed and EB India are cause of it, why did they let us in in the first place? So is it something that immigration is privilege when they need it and then chuck us out when they dont? Are you upto accepting that we are commodities to be used and thrown when they like?
However, please understand, we are asking for "fair" and "equitable" treatment for those who are already inside the country and devoted sufficient time of their life here. To me this means "justice." If you are constantly denied justice then there is constitution to protect the rights.
We are not asking for their "help" or "favor". Although immigration is a privilege, there is a law that governs it and it seems it is possible that EB Indians are targeted by this administration. Infact in good times of this country we have done it a lot of favor instead of our home country. Now is the time to ask for "rights" for our contribution.
My question is, if Americans are distressed and EB India are cause of it, why did they let us in in the first place? So is it something that immigration is privilege when they need it and then chuck us out when they dont? Are you upto accepting that we are commodities to be used and thrown when they like?
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Karthikthiru
10-08 12:59 PM
I came to US in 1996 as a student and graduated in 1999. Since then I have switched jobs and I am currently with a Priority date of oct, 2006(EB2). Even within this employer first they filed under EB3 even though it could have been filed under EB2 (Not becasue they are bad - becasue the employer don't know much about immigration). After I requested the employer, they filed a new labor on Oct, 2006. So if the priority date is based on the years of experience, it will be nice for me. But the main issue that all of us are facing is VISA availabilty. If this can be taken care, all of the issues will be taken care
Overall the current immigration system is screwed-up. It really needs a major change. That is the main problem
Thanks
Karthik
having been in the US since 2001, losing out my LC/PD to the dot-com bust and finally ending up with a PD of 2006, I second that. PD should be based on number of years of experience or years of stay in the US or amount of taxes paid till now or something like that.
In any case what we WANT is very different from what we usually get from this immigration system and there are bigger more important battles for IV to fight. Look, if there is no retrogression PD almost does not matter!! THATS the right fix. END RETROGRESSION!
Overall the current immigration system is screwed-up. It really needs a major change. That is the main problem
Thanks
Karthik
having been in the US since 2001, losing out my LC/PD to the dot-com bust and finally ending up with a PD of 2006, I second that. PD should be based on number of years of experience or years of stay in the US or amount of taxes paid till now or something like that.
In any case what we WANT is very different from what we usually get from this immigration system and there are bigger more important battles for IV to fight. Look, if there is no retrogression PD almost does not matter!! THATS the right fix. END RETROGRESSION!
more...
ganguteli
01-29 06:37 PM
I think the grace period is 90 days from the date of start of H1B written in the approval notice. After that your H1B is void. But I think you need to inform USCIS that you wish to continue on H4. Otherwise it can create problems on out of status when you apply for green card.
If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.
Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.
So you need to see which scenarios fit in your case and act accordingly.
If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.
Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.
So you need to see which scenarios fit in your case and act accordingly.
starving_dog
06-26 12:02 PM
I find it slightly amusing that your perception is that my perception is distorted. I am not a member of the core team and my remarks are my personal opinion. If I am wrong, well, then I'm wrong. If I'm right, these posts will be buried so far in the thread that it won't matter at that time.
Check this out... http://www.visalaw.com/blog.html
Check this out... http://www.visalaw.com/blog.html
more...
mallu
12-16 08:18 PM
I consider the 30-40 range 'golden' years . Enough experience to handle various things without much botheration of senility. Depression is not continuous, but comes once in a while. Currently i am optimistic that India EB2 will move forward starting Oct.2008 and my PD of Nov.2002 will become current some time in 2009 and i will be inching to 10 years of SSN eligibility.
I also have following kind of worries too, which haunt me often.
Being the 'only son' there is a big emotional pull from the parents to take care of them. But am worried about 'transporting' the American citizen kid back to India ( like them adjusting to the culture there ). Now my batch mates who got GC ( because they came early to USA and got lucky. One India EB2 friend - applied PERM in 2005 & I-485 in 2005 - got his GC in Aug 2007 ! ) , aiming for citizenship , then they want to move to India and plan to bring up kids there. And when they are 'ripe' for higher studies, march back to USA.
I also have following kind of worries too, which haunt me often.
Being the 'only son' there is a big emotional pull from the parents to take care of them. But am worried about 'transporting' the American citizen kid back to India ( like them adjusting to the culture there ). Now my batch mates who got GC ( because they came early to USA and got lucky. One India EB2 friend - applied PERM in 2005 & I-485 in 2005 - got his GC in Aug 2007 ! ) , aiming for citizenship , then they want to move to India and plan to bring up kids there. And when they are 'ripe' for higher studies, march back to USA.
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axp817
07-28 02:36 PM
I-765 received: July 22 2008
Soft LUD: July 27 2008
Soft LUD: July 27 2008
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gc28262
03-06 05:22 PM
Section 202 of the Immigration and Nationality Act (INA) states that the per-country limit for preference immigrants is set at 7% of the total annual employment-based preference limits. This means a country with large population like India and a tiny country like Lichtenstein get same number of visa numbers. This system is designed to systematically discriminate people from India and China by preventing them from attaining employment visas. More research needs to be done whether this constitutes a violation of US Equal Employment Opportunity Law. We need to find out whether this constitutes discrimination by national origin. Below is is some relevant reading material:
http://www.eeoc.gov/policy/docs/national-origin.html#IIA
This link says employer cannot discriminate based on country of origin.
USCIS/government is free to discriminate against country of origin.
http://www.eeoc.gov/policy/docs/national-origin.html#IIA
This link says employer cannot discriminate based on country of origin.
USCIS/government is free to discriminate against country of origin.
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drirshad
09-03 06:13 AM
I am one of the July 2 filer and calling the level 2 does not help should I check the TSC than NSC with them for my 485 app or it does not matter, my 140 was approved from NSC with April 2005 priority ....
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sankap
07-10 02:42 PM
I'm not saying that "H-1B job is permanent:" you're inferring again! I hold that *no* job in this country is "permanent" (legally speaking). My question to you was if no H1B is "permanent" (as you opine), then how can you prove that the AC20 job on H1B is or isn't "permanent?" So if that job is not "permanent," how do you convince/mention that in as RVE-EVL?
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
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anzerraja
07-20 10:17 AM
Sam2006,
Looks like you haven't filled in your pledge amount. Could you do please ?
Thanks
Anzer
nice job guys
I think we should extend it till monday atleast
Looks like you haven't filled in your pledge amount. Could you do please ?
Thanks
Anzer
nice job guys
I think we should extend it till monday atleast
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Sachin_Stock
09-25 12:34 PM
Here's what the law says:
8 CFR 204.5(e) relating to PD transfer between eb categories
(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
I hope that clears the air.
8 CFR 204.5(e) relating to PD transfer between eb categories
(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
I hope that clears the air.
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prioritydate
08-26 12:53 AM
:D
I received my Physical Green Card today.
CPO : 08/19/2008 (I received mail on 08/20/2008)
Approval Notice Date : 08/22/2008
LUD : 08/25/2008
Card Received Date : 08/25/2008
Heeee..... they approved my EAD card yesterday! :eek:
I received my Physical Green Card today.
CPO : 08/19/2008 (I received mail on 08/20/2008)
Approval Notice Date : 08/22/2008
LUD : 08/25/2008
Card Received Date : 08/25/2008
Heeee..... they approved my EAD card yesterday! :eek:
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actaccord
02-17 09:48 PM
as cash contribution....transaction ID for this payment is: 5U064488UK465841H.
Will attend Training, Advocacy day, contributed 25000 hotel rewards.
Planning to work on publicity of Advocacy day.
Will provide car pool if need from VA to DC and back to VA (provided participating with me till end of the day).
Will attend Training, Advocacy day, contributed 25000 hotel rewards.
Planning to work on publicity of Advocacy day.
Will provide car pool if need from VA to DC and back to VA (provided participating with me till end of the day).
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rajuseattle
09-12 03:18 PM
My I-140 was filed electronically and then it was transferred over to TSC for processing.
Our company attorney filed my AoS package with NSC based on the job location. Still waiting for the receipts.
Probe:
when did you file your I-140 was it concurrent or filed prior to filing I-485?
-------------------------------------------------------------
EB3(RIR) PD June 2003
I-140 : filed on July 13th 2007 (TSC) - Pending
I-485/I-131/I-765: files on August 07th 2007 - No receipts yet.
Our company attorney filed my AoS package with NSC based on the job location. Still waiting for the receipts.
Probe:
when did you file your I-140 was it concurrent or filed prior to filing I-485?
-------------------------------------------------------------
EB3(RIR) PD June 2003
I-140 : filed on July 13th 2007 (TSC) - Pending
I-485/I-131/I-765: files on August 07th 2007 - No receipts yet.
more...
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americandesi
04-22 02:21 PM
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
Restrictive employment contracts are non-enforcable, atleast in California. Here's a classic case of a H1B employee who successfully sued his employer on a restrictive employment contract and the employer was ordered to pay $215,050.61 in damages.
http://www.news.com/Body-shop-must-pay-fees-in-H-1B-lawsuit/2100-1017_3-256477.html
Also note that all PERM related expenses should be borne only by the employer. Refer the following link and search for "Certain Payments are Employer's Expenses under PERM" and "Employer Must Pay even with Dual Representation "
http://www.murthy.com/news/n_filrem.html
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
Restrictive employment contracts are non-enforcable, atleast in California. Here's a classic case of a H1B employee who successfully sued his employer on a restrictive employment contract and the employer was ordered to pay $215,050.61 in damages.
http://www.news.com/Body-shop-must-pay-fees-in-H-1B-lawsuit/2100-1017_3-256477.html
Also note that all PERM related expenses should be borne only by the employer. Refer the following link and search for "Certain Payments are Employer's Expenses under PERM" and "Employer Must Pay even with Dual Representation "
http://www.murthy.com/news/n_filrem.html
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deepakjain
05-12 06:46 PM
How do we contribute and participate in any campaign of IV....how to even become a donor???
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SKK2004
08-25 01:20 PM
PD Aug 2004, EB-2 India
I-140/I-485 applied - August 2007 at TSC (non-concurrent)
I-140 approval - March 2008
Spouse 485/AP/EAD applied - August 2008 (received receipt notices)
Self EAD applied - August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
I-140/I-485 applied - August 2007 at TSC (non-concurrent)
I-140 approval - March 2008
Spouse 485/AP/EAD applied - August 2008 (received receipt notices)
Self EAD applied - August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
485Mbe4001
03-28 11:31 AM
:D yes. I want to predict what I will do (or what i want to do) to USCIS, but i will be banned.;)
Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)
Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)
BharatPremi
11-21 09:18 PM
Mehul
I can more than understand what you are going through right now. I was diagnosed with cancer ten months after coming to the US. I am also the principal applicant and of course it was terrifying. I have no idea what your prognosis is or the type of cancer and do not need to know. However, I live in Indiana and the doctors here managed to save Lance Armstrong. He was sent here from Texas. I am now a six year survivor.
I am now undergoing tests for a possible second cancer diagnosis seven years later and still no green card for my family. Hoping for one for my husband in the New Year. My son aged out and is on a student visa. I live each day realizing this is not a dress rehearsal and have to believe everything will be OK and I have absolutely no control over what the future holds.
I know only too well how shell shocked you are right now but you have to have faith that things will work out how they are meant to. Adversity can have a silver lining.
Wishing you all the best in your treatment plan. You need to concentrate on your health right now.
Our prayers are with you and your family as well. May God bless both you and Mehul and give strength fighting this. Best Luck.
I can more than understand what you are going through right now. I was diagnosed with cancer ten months after coming to the US. I am also the principal applicant and of course it was terrifying. I have no idea what your prognosis is or the type of cancer and do not need to know. However, I live in Indiana and the doctors here managed to save Lance Armstrong. He was sent here from Texas. I am now a six year survivor.
I am now undergoing tests for a possible second cancer diagnosis seven years later and still no green card for my family. Hoping for one for my husband in the New Year. My son aged out and is on a student visa. I live each day realizing this is not a dress rehearsal and have to believe everything will be OK and I have absolutely no control over what the future holds.
I know only too well how shell shocked you are right now but you have to have faith that things will work out how they are meant to. Adversity can have a silver lining.
Wishing you all the best in your treatment plan. You need to concentrate on your health right now.
Our prayers are with you and your family as well. May God bless both you and Mehul and give strength fighting this. Best Luck.
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