gcseeker2002
07-19 11:55 AM
If your COS application was approved and you didnt have to go out of US for H1B stamping I would assume your are in status.
I dont know if this would come up in RFE or at interview stage, but I wont worry about it unless the period was more than 180 days.
Thanks for the responses. How about this question ?
Is it out of status if one gets paid from 2 companies with
2 H1bs , like, If one is on bench but getting paid by that company, starts working with 2nd company on transferred H1b, so it is like double pay for about 2-3 weeks .
I dont know if this would come up in RFE or at interview stage, but I wont worry about it unless the period was more than 180 days.
Thanks for the responses. How about this question ?
Is it out of status if one gets paid from 2 companies with
2 H1bs , like, If one is on bench but getting paid by that company, starts working with 2nd company on transferred H1b, so it is like double pay for about 2-3 weeks .
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nk2006
01-09 12:29 PM
http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTML
FAQs About COBRA Continuation Health Coverage
Thanks for posting detailed info on COBRA.
In the current tough market its useful to get educated on all things we may need in case of a job loss. It may be useful to save this info in IV resource pages somehow (or as a blog).
FAQs About COBRA Continuation Health Coverage
Thanks for posting detailed info on COBRA.
In the current tough market its useful to get educated on all things we may need in case of a job loss. It may be useful to save this info in IV resource pages somehow (or as a blog).
harsh
12-12 04:41 PM
EB-3 india is not yet completely out of 245(i) mess. If you remember the last month's priority date was 22Apr 2001. Now in Jan priority date is 08May2001. 245(i) ended on Apr30th 2001. So this month's progress still includes 8 days of 245(i). I would imagine that more cases were filed from Apr 22 - Apr 30 as this was the last week. So its still a long way to go before EB3 is completely out of 245(i).
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gcdreamer05
07-25 01:26 PM
I think we all have this OCD to keep checking IV. I am in EB3 and i know nothing is going to happen to my 485 for the next 3 or more years, i myself keep checking IV, no wonder why you dont want to....
Atleast be happy that you have a probability that you will get it by aug, think about all the rest of us who dont know what will ever happen and when we may get freed from the clutches of desi employer.....
May be we should all become afghani translators or get religious visa and apply again in EB4 / EB5 :confused:
Atleast be happy that you have a probability that you will get it by aug, think about all the rest of us who dont know what will ever happen and when we may get freed from the clutches of desi employer.....
May be we should all become afghani translators or get religious visa and apply again in EB4 / EB5 :confused:
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mhathi
05-17 10:01 AM
I am wondering everybody here is throwing stones at small consulting companies, I wonder how these people came to US surely somebody did there H1? right? People are working in big companies HP/Oracle/SAP bla bla.. but I'm sure they are not the ones who brought you guys here. Also the day they'll get their green cards each of these people are going to open similar companies and do the same thing. This is amazing how people forget their past and forget the people who brought them here...I will call you guys thankless....
Sorry to disillusion you, but there ARE people who are US educated and never even spoke to a consulting firm before. Not everyone is an IT consultant, again don't paint everyone with th same brush. People do get H1 in a full time position other than consulting.
Sorry to disillusion you, but there ARE people who are US educated and never even spoke to a consulting firm before. Not everyone is an IT consultant, again don't paint everyone with th same brush. People do get H1 in a full time position other than consulting.
anura
04-29 03:17 PM
:D
Actually the SU-30MKI beat both the F-15 and Eurofighter in training with the US and RAF, and is developed jointly by HAL.
Eurofighter has also invited India to partner in its development
So ? What is it got to do with my comment or immigration?
Actually the SU-30MKI beat both the F-15 and Eurofighter in training with the US and RAF, and is developed jointly by HAL.
Eurofighter has also invited India to partner in its development
So ? What is it got to do with my comment or immigration?
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gc_on_demand
06-10 04:02 PM
Completely baseless and irresponsible statement from Mr. Gotcher!!!
He contradicts his own statements:
"If these statements are true, then the end of the current mess is in sight.
If the CIS really has wiped out its processing backlog, then when the "pre-adjudicated" cases are given visa numbers in the next fiscal year, cutoff dates should advance rapidly. At a minimum, we should see them return to February 2007 levels, if not closer."
CONTRADICTS:
" EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year."
On what basis he thinks that EB3 India will have PD in 2001 but EB2 India will further retrogress (currently it is stuck in 1999):
"EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
EB3 India: November 1, 2001"
AND THE MOST OUTRAGEOUS REMARK IS FOR CIR: Look at this:
"Of course, all of this becomes academic if CIR is passed. In that case, all priority dates will become "current" overnight and remain that way for years."
Yeah...right...this is same Mr. Gotcher who predicted that "if you do "consular processing" you will get your GC very soon as USCIS does not process cases"....Look what happened...
First of all he mentioned that 500k app in 2007 and then USCIS used 280k in 07 and 08. so 220k remaining. Dont forget that they opened gate till 2006 where so many people who got their labor cleared from backlog centers in 2007 ( Sep , after july 2007 thing ) applied.
So I would say out of 500k it didnot reduce 2 years but only 1 year ... so total left are 360k - 140k ( 2009 ) = 220k remaining. Now that they have pre adjucted 110k so 110k left. If they stop accepting new app for next 2 years then they can clear all mess in 2 years but law prevent them to do so...... so end of mess for ROW contries is near ( with improved USCIS process )... but for India out look is grim as law prevent india to get more than 3k if there is more demand from ROW and Eb4 and Eb5.
also If CIR passes and they add recapture then it will make dates current becasue those visa go on oldest app first. ( God knows who is oldest here ) but given that india has lot more app pending in back those recapture can clean lots of indian backlog while new supply keep going to ROW countries.
To me the bottom line is " VISA RECAPTURE " either law suit way or congress through.............. other than pack ur bag and head to wards home.... ( specially people like us who didnot file AOS and very tough to be on h1b after 6th year is over ) ..
He contradicts his own statements:
"If these statements are true, then the end of the current mess is in sight.
If the CIS really has wiped out its processing backlog, then when the "pre-adjudicated" cases are given visa numbers in the next fiscal year, cutoff dates should advance rapidly. At a minimum, we should see them return to February 2007 levels, if not closer."
CONTRADICTS:
" EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year."
On what basis he thinks that EB3 India will have PD in 2001 but EB2 India will further retrogress (currently it is stuck in 1999):
"EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
EB3 India: November 1, 2001"
AND THE MOST OUTRAGEOUS REMARK IS FOR CIR: Look at this:
"Of course, all of this becomes academic if CIR is passed. In that case, all priority dates will become "current" overnight and remain that way for years."
Yeah...right...this is same Mr. Gotcher who predicted that "if you do "consular processing" you will get your GC very soon as USCIS does not process cases"....Look what happened...
First of all he mentioned that 500k app in 2007 and then USCIS used 280k in 07 and 08. so 220k remaining. Dont forget that they opened gate till 2006 where so many people who got their labor cleared from backlog centers in 2007 ( Sep , after july 2007 thing ) applied.
So I would say out of 500k it didnot reduce 2 years but only 1 year ... so total left are 360k - 140k ( 2009 ) = 220k remaining. Now that they have pre adjucted 110k so 110k left. If they stop accepting new app for next 2 years then they can clear all mess in 2 years but law prevent them to do so...... so end of mess for ROW contries is near ( with improved USCIS process )... but for India out look is grim as law prevent india to get more than 3k if there is more demand from ROW and Eb4 and Eb5.
also If CIR passes and they add recapture then it will make dates current becasue those visa go on oldest app first. ( God knows who is oldest here ) but given that india has lot more app pending in back those recapture can clean lots of indian backlog while new supply keep going to ROW countries.
To me the bottom line is " VISA RECAPTURE " either law suit way or congress through.............. other than pack ur bag and head to wards home.... ( specially people like us who didnot file AOS and very tough to be on h1b after 6th year is over ) ..
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smsthss
06-12 09:52 AM
what would happen after the hearing? where does it go next?
more...
abhijitp
07-27 02:30 PM
Urgency of getting a receipt is that once you get the receipt, it means that USCIS has 'accepted' your application and it will not be rejected for lack of initial evidence.
Too good to believe:-)
Too good to believe:-)
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nixstor
06-20 01:46 PM
My lawyer is asking 350 for EAD and 500 for AP for each person excluding filing fees.Is it normal.or Can I go to another lawyer for EAD and AP who is cheaper than my company lawyer.
Thats a lot of money for EAD & AP. The law firm might be charging 2 grand for your 485 and another grand for your spouse's 485. You dont need a lawyer for filing EAD & AP. You can file them youself along with the 485 application or after getting a receipt number from USCIS for your 485 application. Ask your law firm to prepare 485 for you and your spouse and return the application packet to you. You can sign it off, add your EAD & AP applications and send it to NSC. I supsect they would be willing to do so. By not giving them they would be forcing you to file EAD & AP through them, given that the fees for everything is going up from next month.
Thats a lot of money for EAD & AP. The law firm might be charging 2 grand for your 485 and another grand for your spouse's 485. You dont need a lawyer for filing EAD & AP. You can file them youself along with the 485 application or after getting a receipt number from USCIS for your 485 application. Ask your law firm to prepare 485 for you and your spouse and return the application packet to you. You can sign it off, add your EAD & AP applications and send it to NSC. I supsect they would be willing to do so. By not giving them they would be forcing you to file EAD & AP through them, given that the fees for everything is going up from next month.
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akkakarla
10-09 07:53 PM
My employer is not giving copy of my I140. With out I140 how to port it to an other job/employer etc ?
Can some on advise me !
I 140 is for the company and it is primary meant to prove that the company is in good rating/standings in the eyes of USCIS. The approved I140 will be with the company and all they do is inform you of the approval etc. It is not necessary for you to change other jobs using AC21.
Can some on advise me !
I 140 is for the company and it is primary meant to prove that the company is in good rating/standings in the eyes of USCIS. The approved I140 will be with the company and all they do is inform you of the approval etc. It is not necessary for you to change other jobs using AC21.
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dpp
07-19 02:56 PM
It means, if at all they have any doubts, they may issue RFE, but if you have a good relationship in responding to those RFEs using company letters etc, there is no problem. Good relation means, employer has to suppprt you always in case of any RFE, thats it. He needs stand on your side. Then there is no problem. But if he won't stand on your side, then it is a problem. So, thats why relation with employer is very important when on H1 or EB.
Thanks for finding the link. I remember reading it some time in the past, but couldn't find it.
dpp, Please read through my wifes case above and in your 'opinion', will there be a problem?
Thanks for finding the link. I remember reading it some time in the past, but couldn't find it.
dpp, Please read through my wifes case above and in your 'opinion', will there be a problem?
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bkarnik
04-12 11:27 AM
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
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GCVivek
01-28 05:38 PM
Why is everyone blaming just the Chinese University for trying to circumvent the immigration system? It says 95% of the students were from Andhra Pradesh. These are the people who are causing delays in reforms and we pay the price by being stuck in the hole. The founders and all these students should be deported and banned from entering the US for life.
more...
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sparklinks
07-27 02:27 PM
From Murthy..
Got Receipt
Application Received on : 07/03/2007
Agency : Nebraska
Status : Delivered on 07/09/2007
Case: EB3-India Jan 2004
Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.
Got Receipt
Application Received on : 07/03/2007
Agency : Nebraska
Status : Delivered on 07/09/2007
Case: EB3-India Jan 2004
Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.
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IneedAllGreen
06-27 02:33 PM
I second your opinion. I went to Kinkos for quality of photos. I dont have maline thought for other places wherever people had visited or thought to visiting in future. I had taken photos in 2002 from Kinkos and they were using Polaroid camera those days. I sent those photos for H1B Visa stamping at State Department in DC. It worked that time and I liked Sears as well for their quality work. By the way I took lots of photos in 2004 from Sears for Marriage proposals. Yeah I got marry last year because I sent Good quality photo to my in-law family. You see you get what you pay for..Guys as "LogicLife" says you get priceless GC while you dont want to pay couple of extra bucks....Poor you...
Thanks
Hi
We got our photos from SEARS . It is expensive(36$ for 8 photos ,(no option of ordering just 6 photos) )but quality is great !!!!
tell them you need photo for immigration documentation purpose , they are aware of USCIS requirement.
so if u care about quality go to SEARS ,if u don't care about quality go to CVS
Thanks
Hi
We got our photos from SEARS . It is expensive(36$ for 8 photos ,(no option of ordering just 6 photos) )but quality is great !!!!
tell them you need photo for immigration documentation purpose , they are aware of USCIS requirement.
so if u care about quality go to SEARS ,if u don't care about quality go to CVS
more...
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sugaur
04-23 06:41 PM
It is easy to visualize a scenario where an activist Latino american citizen, probably acting under guidance by La Raza, purposefully fails to establish his identity and gets arrested. Imagine the media circus once the news outlets find out that an American citizen was detained due to this law.
I think it wont stand for long.
I think it wont stand for long.
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chanduv23
10-10 12:53 PM
I am not sure how much R & D is going on in india, but Adobe filed lots of patents from Adobe, india.
I am talking about companies like Infy, Wipro etc..
I am talking about companies like Infy, Wipro etc..
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yabadaba
12-13 03:22 PM
please give us the name of this company so that we can inform ICE and do our duty to stop fraud.
immi_enthu
08-22 10:27 AM
Murthy or Oh or Carl Shusterman or Greg Siskind will have the contents in their website soon.
murthy , yeah right. they will have it next month. "oh" will have it soon....
murthy , yeah right. they will have it next month. "oh" will have it soon....
boom
12-28 10:21 PM
I am having the same issue of payment.Everytime it throws error.I have been trying for the last 2-3 days