bkarnik
05-05 11:13 AM
In continuation of the post from Nenneo, I had the chance to see Newt Gingrich, ex-speaker of the house and who is currently testing the waters for a possible 2008 Pres. nomination from the GOP. His response, I think, speaks volumes about the type of people the GOP would like to see here.
He indicated that he is totally against illegal immigration and pro legal immigration. But, when it came to students who were pursuing higher education in the US, according to Newt, "is a no-brainer, we get them here, we train and teach them, it does not make sense to let them go. These students should be given a visa as soon as they find a job, as long as they have not committed any felony and especially since the students have been in the US for 2+years it is sufficient time to get to know them and their backgrounds and for them to be assimilated in the US way of life."
My 2-cents to clarify the thinking behind giving more preference to US educated students vs non-US educated ones. This coming from a senior GOP leader.
He indicated that he is totally against illegal immigration and pro legal immigration. But, when it came to students who were pursuing higher education in the US, according to Newt, "is a no-brainer, we get them here, we train and teach them, it does not make sense to let them go. These students should be given a visa as soon as they find a job, as long as they have not committed any felony and especially since the students have been in the US for 2+years it is sufficient time to get to know them and their backgrounds and for them to be assimilated in the US way of life."
My 2-cents to clarify the thinking behind giving more preference to US educated students vs non-US educated ones. This coming from a senior GOP leader.
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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.
desi3933
01-30 02:17 PM
Where is it written???? 30 day rule?????? SHOW ME ...................................
STOP THIS NON-SENSE.......
Why are you shouting? I have posted 30/60 days rule many times on this forum and other popular portal forum.
Here is one link -
H-1B - Specialty Occupation Work Visa (http://www.fitzgeraldlawcompany.com/h1b.html)
Here is relevant quote from there
Employer must pay the H-1B employee the required wage no later than 30 days from the H1 B employee's entry into the U.S., or 60 days from the approval date of the visa petition if the H1 B employee is already in the U.S.
____________________
Not a legal advice.
US Citizen of Indian Origin
STOP THIS NON-SENSE.......
Why are you shouting? I have posted 30/60 days rule many times on this forum and other popular portal forum.
Here is one link -
H-1B - Specialty Occupation Work Visa (http://www.fitzgeraldlawcompany.com/h1b.html)
Here is relevant quote from there
Employer must pay the H-1B employee the required wage no later than 30 days from the H1 B employee's entry into the U.S., or 60 days from the approval date of the visa petition if the H1 B employee is already in the U.S.
____________________
Not a legal advice.
US Citizen of Indian Origin
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googlegc
08-25 07:48 PM
California Service Center.
GooglgeGC, which is ur processing center?
GooglgeGC, which is ur processing center?
more...
nefrateedi
09-18 02:24 PM
My 485 pkg reached NSC at 11.14 am on July 16,2007 signed by F.Heinauer.
Still waiting for the receipts..
In your case, I think u should give it a day or two.
Could you please let me know whether your # starts with LIN or SRC?
Thx
Hi,
My receipt #s start with LIN. I did call USCIS regarding my receipt #s, and level I customer service wasn't able to find the numbers in the system. Obvisouly they have limited access to the system. I spoke to a level II IO, and they were able to pull up my information. They said that it will take a couple of days before I'm able to track my case online.
In any case, are you waiting to receive your receipts in the mail, or for your checks to be cashed?
Still waiting for the receipts..
In your case, I think u should give it a day or two.
Could you please let me know whether your # starts with LIN or SRC?
Thx
Hi,
My receipt #s start with LIN. I did call USCIS regarding my receipt #s, and level I customer service wasn't able to find the numbers in the system. Obvisouly they have limited access to the system. I spoke to a level II IO, and they were able to pull up my information. They said that it will take a couple of days before I'm able to track my case online.
In any case, are you waiting to receive your receipts in the mail, or for your checks to be cashed?
looivy
11-18 11:29 AM
Done
more...
glus
07-02 09:43 AM
Fed-Ex sent today july 2nd.:)
Note: Iam not sure if anyone should have posted on jun 30 to be delivered on july 2nd. But again, i don't know.:mad:
REceived date is important, not the mailed date. So if one sent on jun 30 that's ok.
Note: Iam not sure if anyone should have posted on jun 30 to be delivered on july 2nd. But again, i don't know.:mad:
REceived date is important, not the mailed date. So if one sent on jun 30 that's ok.
2010 Tea Leoni
sam0407
09-20 04:20 PM
Just got update from my layer that they have received 6 RN's for me and my wife. I filed our AOS on 9th-July-2007 at NSC. My I-140 was filed at NSC last year but it was not approved at the time of my AOS filing. Last week I also got my I-140 approved. I am on EB2.
Wish everybody get their RN's soon.. It should be just matter of days.
Wish everybody get their RN's soon.. It should be just matter of days.
more...
sankap
07-12 06:27 PM
...he may just approve even if you show the self employment will be in future (for future job requirement for GC), and he may agree for your "projected income".
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
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tonyHK12
02-22 05:58 PM
Transaction ID: 0HV49363NW0956225
Description Unit price Qty Amount
Donation to Support Immigration Voice (User: imm_pro)
$500.00 USD 1 $500.00 USD
Amazing effort imm_pro, thank you. This has been the biggest individual donation so far, and the only one for today. Hope it inspires others. I pledge a total of at least $400 for this event. thanks also to vid080, satyakb
We have achieved 15% of our goal.
Total Contributions...........$7,625.00
Amount to be raised.......$42,375.00
.
.
Description Unit price Qty Amount
Donation to Support Immigration Voice (User: imm_pro)
$500.00 USD 1 $500.00 USD
Amazing effort imm_pro, thank you. This has been the biggest individual donation so far, and the only one for today. Hope it inspires others. I pledge a total of at least $400 for this event. thanks also to vid080, satyakb
We have achieved 15% of our goal.
Total Contributions...........$7,625.00
Amount to be raised.......$42,375.00
.
.
more...
BECsufferer
01-30 07:49 PM
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
Hmmm ... not generating salary, means you are not working currently. But your employer hasn't revoked your H1 ( or work authorization, i don't recall exact term), which mostly they do or are supposed to do. Which is good, if you have freindly terms ask for to be sent on un-paid leave. Plus if you have paid leave pending, maintain that so incase your employer has to issue pay check, he can tap into this.
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
Hmmm ... not generating salary, means you are not working currently. But your employer hasn't revoked your H1 ( or work authorization, i don't recall exact term), which mostly they do or are supposed to do. Which is good, if you have freindly terms ask for to be sent on un-paid leave. Plus if you have paid leave pending, maintain that so incase your employer has to issue pay check, he can tap into this.
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neel_gump
07-21 04:44 PM
We, people with EB3-I priority dates in 2002 2003 2004, should not blame others for our problem. The only way out of this mess for us, I think, is to port from EB3 to EB2. We all need to do it before they scrap that law. We are being too loyal to our original employers. Most of us were working for more than 8 years in the same company. It is time to move-on and search for greener pastures. We checked that there are around 20,000 EB3-I applications in front of us. That, @ 3000 applications per year, means more than 6 years of agonizing wait. We are already waiting for 8 years and I don't know whether we can take 6 more. I think only a mass-porting from EB3 to EB2 should be the answer.
more...
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hiralal
05-09 12:22 AM
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx[/QUOTE]
just a thought ..we should send it to media, congress and President Obama. what if some directives are coming up from the admin ...
DHS secy was saying they will be tough on H1 ..maybe they are tough on GC's too ..another point what if they are trying to waste the visas on purpose (to tighten immigration) ..and hence we need to send letters to media and congress. Media is a must !!
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx[/QUOTE]
just a thought ..we should send it to media, congress and President Obama. what if some directives are coming up from the admin ...
DHS secy was saying they will be tough on H1 ..maybe they are tough on GC's too ..another point what if they are trying to waste the visas on purpose (to tighten immigration) ..and hence we need to send letters to media and congress. Media is a must !!
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jsb
08-29 10:16 AM
Latest update from USCIS - TSC still at 6/30
Has anybody from those who filed at NSC on July 2 (I-140 at TSC), lately called USCIS? NSC has moved for receipting to 7/27, but TSC is still at 6/30
Has anybody from those who filed at NSC on July 2 (I-140 at TSC), lately called USCIS? NSC has moved for receipting to 7/27, but TSC is still at 6/30
more...
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amitjoey
07-11 12:20 PM
Flower campaign has been a tremendous success. Look at how many inquiries we are getting. If you are in the particular city or state, where a reporter is trying to do a story, please come forward and contact these reporters.
What good is it to just hide behind an IV handle and suggest all kinds of ideas.
What good is it to just hide behind an IV handle and suggest all kinds of ideas.
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Kodi
07-30 09:54 AM
Just received an email from CRIS, our I-131 was approved. Nothing on EAD.
more...
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hope_4_best
06-20 09:17 PM
http://www.msnbc.msn.com/id/13446357/
WASHINGTON - In a defeat for President Bush, Republican congressional leaders said Tuesday that broad immigration legislation is all but doomed for the year, a victim of election-year concerns in the House and conservatives' implacable opposition to citizenship for millions of illegal immigrants.
"Our number one priority is to secure the border, and right now I haven't heard a lot of pressure to have a path to citizenship," said Speaker Dennis Hastert, R-Ill., announcing plans for an unusual series of hearings to begin in August on Senate-passed immigration legislation.
"I think it is easy to say the first priority of the House is to secure the borders," added Rep. Roy Blunt, the GOP whip.
................
WASHINGTON - In a defeat for President Bush, Republican congressional leaders said Tuesday that broad immigration legislation is all but doomed for the year, a victim of election-year concerns in the House and conservatives' implacable opposition to citizenship for millions of illegal immigrants.
"Our number one priority is to secure the border, and right now I haven't heard a lot of pressure to have a path to citizenship," said Speaker Dennis Hastert, R-Ill., announcing plans for an unusual series of hearings to begin in August on Senate-passed immigration legislation.
"I think it is easy to say the first priority of the House is to secure the borders," added Rep. Roy Blunt, the GOP whip.
................
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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!
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supreet
07-10 01:26 PM
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099. Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
Thanks!!
- S
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099. Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
Thanks!!
- S
vishage
09-21 10:36 AM
Thank you very much!
We're anxiously waiting for the receipt notice in the mail...
Hi
I have also files on the same day, how do you guys make out that your file have been trabsfered to texas and CSC, because my 140 was approved in texas and my attorney has sent the 485 to NSC , Thanks for you reply.
We're anxiously waiting for the receipt notice in the mail...
Hi
I have also files on the same day, how do you guys make out that your file have been trabsfered to texas and CSC, because my 140 was approved in texas and my attorney has sent the 485 to NSC , Thanks for you reply.
jindhal
09-24 03:36 PM
rightly said... Here is a simple analogy... compare the porting scenario to someone who just joins a new company with 10 yrs experience and someone who has been with the same company for 10 years. If one of them has to be promoted, who will it be ? Or if the company is now going under, who will get fired first ?
The fact that a person has been with a company for 10 yrs holds enough merit when the company decides who gets promoted or who gets fired. So my friend stand in line like everyone else based on your priority date. That is your place in the line as per law.
A person has been with a company for 10 years as a Test Lead and is promoted to a position of a manager and the Lead expects that on the first day of being a manager he wants all the rights and benefits of being a manager for 10 years even though he has been a lead for all of those 10 years.
The fact that a person has been with a company for 10 yrs holds enough merit when the company decides who gets promoted or who gets fired. So my friend stand in line like everyone else based on your priority date. That is your place in the line as per law.
A person has been with a company for 10 years as a Test Lead and is promoted to a position of a manager and the Lead expects that on the first day of being a manager he wants all the rights and benefits of being a manager for 10 years even though he has been a lead for all of those 10 years.
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