gc28262
12-20 07:18 PM
Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.
?
I am not convinced about this part. Do you have any link to some USCIS rule/document regarding this ?
As per my understanding H1B employee becomes "out of status" when the employer-employee relationship cease to exist ( laid off )
?
I am not convinced about this part. Do you have any link to some USCIS rule/document regarding this ?
As per my understanding H1B employee becomes "out of status" when the employer-employee relationship cease to exist ( laid off )
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dealsnet
04-03 01:03 PM
http://immigrationvoice.org/forum/showthread.php?p=236166#post236166
chanduv23
11-22 02:14 PM
There are ofcourse lot of ways to stay afloat on your GC process. But its all risky. Even expreienced Lawyers will say its possible and might go ahead as well. But something happens latter then the lawyer is not at loss. Its you who will bear the brunt.
If you are saying that I am following the book to get my GC so be it. On my recent trip to Cleavland, Ohio I was in cab driven by a Indian and he was telling me that he made sure he always had a "American" girlfriend as in case of "troubled waters" he can play the safe and easy card by marrying the girlfriend. Smart, only if you are single :D
So the gist of my message is there are many ways to keep afloat but its better to choose the correct one and risk free one unless you are already on the loosing side and this is the best you can do and the last leaf of your luck.
Always follow the right route. But if you are in troubled waters, try provisions and workarounds make make sure u do it legally :) Play by the rules. In cases where company is laying off, bad managers, selfish employers, mergers etc... bad work, I think one must see if he has provisions and workarounds. You never marry a company for thee sake of Green Card, if you do so, then get ready for an unconditional divorce. Remember, company are commercial entities, and they dont care a shit about u or ur family or green card, they care about themselves, I have seen so many people being artificially loyal to their companies so that they would not face layoffs or issues. As such nothing is straight forward. No system is 100% perfect and though the American system may not be 100% perfect system, this is the only system that can be the best in the world. There is provision for almost anything. One may not feel right about certain things but at the end of the day everyone gets what they deserve. Try to be a "survivor" :)
If you are saying that I am following the book to get my GC so be it. On my recent trip to Cleavland, Ohio I was in cab driven by a Indian and he was telling me that he made sure he always had a "American" girlfriend as in case of "troubled waters" he can play the safe and easy card by marrying the girlfriend. Smart, only if you are single :D
So the gist of my message is there are many ways to keep afloat but its better to choose the correct one and risk free one unless you are already on the loosing side and this is the best you can do and the last leaf of your luck.
Always follow the right route. But if you are in troubled waters, try provisions and workarounds make make sure u do it legally :) Play by the rules. In cases where company is laying off, bad managers, selfish employers, mergers etc... bad work, I think one must see if he has provisions and workarounds. You never marry a company for thee sake of Green Card, if you do so, then get ready for an unconditional divorce. Remember, company are commercial entities, and they dont care a shit about u or ur family or green card, they care about themselves, I have seen so many people being artificially loyal to their companies so that they would not face layoffs or issues. As such nothing is straight forward. No system is 100% perfect and though the American system may not be 100% perfect system, this is the only system that can be the best in the world. There is provision for almost anything. One may not feel right about certain things but at the end of the day everyone gets what they deserve. Try to be a "survivor" :)
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sbay2006
07-27 07:33 AM
Really need urgent help on this. These folks are asking me to sign a 1 year contract with them. Wanted to ask if anybody has any experience with this company.
Do they really sue if we break the contract?. Is it legal in the US to have a binding contract to begin with?. Please let me know. I need to make a decision in a few days as I am packing my bags from Texas and flying to Santa Clara to attend their courses...
Do they really sue if we break the contract?. Is it legal in the US to have a binding contract to begin with?. Please let me know. I need to make a decision in a few days as I am packing my bags from Texas and flying to Santa Clara to attend their courses...
more...
msyedy
06-12 09:04 AM
our chances of getting some relief are better if infact CIR dies. if cir dies there might be a chance for SKIL bill.Even if SKIL is not taken up no bill is better than this CIR authored by ron hira aka kennedy, durbin and kyl.
Pitha (Shree)
I see what you are thinking, but EB3india is correct. In CIR or never.
I agree with him that we need to get a new stratergy to handle this.
I do not know why IV core has not spoken after this bill died. When CIR came to the Senate floor with all these restrictions, Logiclife mentioned something
like we should become illegals.
He must have been kidding but one could see the fact that the illegals were the ones who were getting the benefits.
I want to hear a similar statement from them, let us see........
Pitha (Shree)
I see what you are thinking, but EB3india is correct. In CIR or never.
I agree with him that we need to get a new stratergy to handle this.
I do not know why IV core has not spoken after this bill died. When CIR came to the Senate floor with all these restrictions, Logiclife mentioned something
like we should become illegals.
He must have been kidding but one could see the fact that the illegals were the ones who were getting the benefits.
I want to hear a similar statement from them, let us see........
calgirl
07-20 02:33 PM
Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
more...
kumar4875
03-15 08:40 AM
Hi ,
I am looking for carpool who is driving from Baltimore area.
I live on 18 exit on 83 north.
will be driving via 83 south/695/95south/
any one in this route please email me.
I am looking for carpool who is driving from Baltimore area.
I live on 18 exit on 83 north.
will be driving via 83 south/695/95south/
any one in this route please email me.
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nk2006
10-17 12:12 PM
Fax number (816) 350-5785
Will do (downloaded the letter - will send after notarizing it).
Thanks
Will do (downloaded the letter - will send after notarizing it).
Thanks
more...
nomi
12-12 04:25 PM
I read news on oh law firm few days back that USCIS is planning to abandon concurrent filing (I140 + I-485). So when USCIS has power to disallow that, then they may have power to allow file I-485 when visa not available. This is just my thought. Anyway it does not hurt to find it out from USCIS officials, rather than asking some lawyer or interpret our own.
Also when we ask lawyer about this, we may not get positive response as they may fear of loosing fees of countless H1B visa transfers.
I agree with you. Lawyer and Attorneys are not our friends. where will they make money once we get our green cards. We should direct meet with head of the USCIS. We are all legal here and pays our tax and playing important role in this country.
Also when we ask lawyer about this, we may not get positive response as they may fear of loosing fees of countless H1B visa transfers.
I agree with you. Lawyer and Attorneys are not our friends. where will they make money once we get our green cards. We should direct meet with head of the USCIS. We are all legal here and pays our tax and playing important role in this country.
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nitinboston
04-09 04:19 PM
Dear Mrs. Hillary Clinton
Heartfelt thanks for making such an effort to answer consumer grievances. My Admiration for this administration and their efforts to improve communication is growing exponentially every day. God Bless you and God Bless America.
We are wringing these questions in effort to understand the VISA allocation processes followed by DOS. Also how it affects effectively petitioners live to plan their future, travel, Buying house etc...
1.0) Is IVACS primary application for tracking VISA requests from USCIS, Consular posts?
Rationale: Any Software/Application used by DOS should be single source for data entry of all the new application.
1.1) Does IVACS system (DOS�s Inventory system) connects electronically to USCIS system, Consular posts or NVC or any other agencies for VISA demand requests?
Rationale: Any Software/Application used by DOS need talk to Client System (USCIS, Consular posts, NVC or other agencies) every month system for effectively moving VISA bulletin every month.
1.2) In Absence of Interface � Does IVACS system receive VISA demand sent manually through flat file or spreadsheet?
Rationale: In absence of electronic interface DOS need to manually receive data for effectively predicting VISA bulletin every month.
2.0) How many Employment-based I485 VISA demands are pending at USCIS, NVC, Consular posts?
Rationale: We are trying to get Employment based pending applications.
3.0) IS this last Pending EmploymentDemandUsedForCutOffDates.pdf on 4/8/2010 - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf includes all the Employment based I485 VISA demand?
Rationale: We are trying to confirm data received are all inclusive.
4.0) Can DOS Enhance/publish table for �total number of VISA available�� as on report preparation date, rather than total Fiscal availability. As per table showed below,
Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.
Preference China Demand India Demand Maxico Philippines ROW Worldwide limit
Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal
E1
E2
E3
E4
E5
5.0) Can DOS generate monthly VISA returns report from USCIS, NVC, Consular posts or any other agencies that demands Employment VISA?
Rationale: This will help us understand how much visa were available for reallocation.
6.0) INA section Sec 201 (2) mentions usages of visa per �Calendar Quarter� with maximum limit of 27% per quarter. As EB2 & EB3 categories are retro gassed Are Minimum 140k/4 Visa's consumed every quarter? If no which section of INA being applied to not to do so?
Rationale: To understand DOS�s interpretation and application of the law.
7.0) Where we can find DOS published monthly EB/FB permanent residency VISA demand report with country of chargeability, Employment based category (for e.g. EB1, EB2, EB3, �), similar to report published by DOL.
Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.
8.0) What is rational of EB3-India Visa allocation only approximately 100 a month? We feel that before EB3-I become unavailable it should get 140*7%*28.6% = 2802/12 VISA�s every month. EB3-I VISA reductions from Inventory reports before their Priority Date is as follows,
a) Between Inventory Published 03/12/10 & 01/30/10 = 100
b) Between Inventory Published between 01/30/10 & 04/08/10 = 100
Rationale: This will help EB3 applicants to estimate date of approval to plan their future for house Purchase or major move etc.
9.0) How do you propose to reconcile the pending data reported by DOS and USCIS.
We are Comparing data from two sources USCIS published pending inventory and DOS published monthly determination, And we have Found data Differences for following categories,
USCIS Pending for EB3-China as on March 08, 2010 === 5,575
DOS Pending for EB3-China as on March 01, 2010 === 8,900
Rationale: Closing gap in case of data error.
References:
i. EmploymentDemandUsedForCutOffDates.pdf - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
ii. Operation of the Numerical Control Process - http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf
Dude i must say, it must have taken a huge effort to come up with all this. But guess what, it wont make a dent. There are way too many Indians, Chinese and Mexicans in line and too few GC's to give out.
Heartfelt thanks for making such an effort to answer consumer grievances. My Admiration for this administration and their efforts to improve communication is growing exponentially every day. God Bless you and God Bless America.
We are wringing these questions in effort to understand the VISA allocation processes followed by DOS. Also how it affects effectively petitioners live to plan their future, travel, Buying house etc...
1.0) Is IVACS primary application for tracking VISA requests from USCIS, Consular posts?
Rationale: Any Software/Application used by DOS should be single source for data entry of all the new application.
1.1) Does IVACS system (DOS�s Inventory system) connects electronically to USCIS system, Consular posts or NVC or any other agencies for VISA demand requests?
Rationale: Any Software/Application used by DOS need talk to Client System (USCIS, Consular posts, NVC or other agencies) every month system for effectively moving VISA bulletin every month.
1.2) In Absence of Interface � Does IVACS system receive VISA demand sent manually through flat file or spreadsheet?
Rationale: In absence of electronic interface DOS need to manually receive data for effectively predicting VISA bulletin every month.
2.0) How many Employment-based I485 VISA demands are pending at USCIS, NVC, Consular posts?
Rationale: We are trying to get Employment based pending applications.
3.0) IS this last Pending EmploymentDemandUsedForCutOffDates.pdf on 4/8/2010 - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf includes all the Employment based I485 VISA demand?
Rationale: We are trying to confirm data received are all inclusive.
4.0) Can DOS Enhance/publish table for �total number of VISA available�� as on report preparation date, rather than total Fiscal availability. As per table showed below,
Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.
Preference China Demand India Demand Maxico Philippines ROW Worldwide limit
Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal
E1
E2
E3
E4
E5
5.0) Can DOS generate monthly VISA returns report from USCIS, NVC, Consular posts or any other agencies that demands Employment VISA?
Rationale: This will help us understand how much visa were available for reallocation.
6.0) INA section Sec 201 (2) mentions usages of visa per �Calendar Quarter� with maximum limit of 27% per quarter. As EB2 & EB3 categories are retro gassed Are Minimum 140k/4 Visa's consumed every quarter? If no which section of INA being applied to not to do so?
Rationale: To understand DOS�s interpretation and application of the law.
7.0) Where we can find DOS published monthly EB/FB permanent residency VISA demand report with country of chargeability, Employment based category (for e.g. EB1, EB2, EB3, �), similar to report published by DOL.
Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.
8.0) What is rational of EB3-India Visa allocation only approximately 100 a month? We feel that before EB3-I become unavailable it should get 140*7%*28.6% = 2802/12 VISA�s every month. EB3-I VISA reductions from Inventory reports before their Priority Date is as follows,
a) Between Inventory Published 03/12/10 & 01/30/10 = 100
b) Between Inventory Published between 01/30/10 & 04/08/10 = 100
Rationale: This will help EB3 applicants to estimate date of approval to plan their future for house Purchase or major move etc.
9.0) How do you propose to reconcile the pending data reported by DOS and USCIS.
We are Comparing data from two sources USCIS published pending inventory and DOS published monthly determination, And we have Found data Differences for following categories,
USCIS Pending for EB3-China as on March 08, 2010 === 5,575
DOS Pending for EB3-China as on March 01, 2010 === 8,900
Rationale: Closing gap in case of data error.
References:
i. EmploymentDemandUsedForCutOffDates.pdf - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
ii. Operation of the Numerical Control Process - http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf
Dude i must say, it must have taken a huge effort to come up with all this. But guess what, it wont make a dent. There are way too many Indians, Chinese and Mexicans in line and too few GC's to give out.
more...
gc_wow
03-09 12:37 PM
why did row eb3 gone back 2 years?
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anurakt
01-16 09:13 PM
If you remember that I had pledged $1000 in last 20$ campaign and you guys could only shell out $500 out of me...which means that I still have a block of $500 which was not spent for IV in the past. Here is my next pledge :
" I will donate a lumpsum amount of $500 when we have the following level of monthly contribution and verified by IV core members :
200 members for 20$ and 100 members for $50 and 20 members for $100 , there is no date restriction attached this time , but I hope that it's done in this month, I call upon the members who can take this challenge and take that $500 from my pocket this time"
Note : Kvrr has signed for $100 and I will sign up for another $100 , which means we have only 18 members to go for $100 monthly to finish one piece of my pledge.
Can anyone tomm morning give me an update on where we are at from my pledge point of view !!
Come on guys make me poorer by another $500 if you have *****.
" I will donate a lumpsum amount of $500 when we have the following level of monthly contribution and verified by IV core members :
200 members for 20$ and 100 members for $50 and 20 members for $100 , there is no date restriction attached this time , but I hope that it's done in this month, I call upon the members who can take this challenge and take that $500 from my pocket this time"
Note : Kvrr has signed for $100 and I will sign up for another $100 , which means we have only 18 members to go for $100 monthly to finish one piece of my pledge.
Can anyone tomm morning give me an update on where we are at from my pledge point of view !!
Come on guys make me poorer by another $500 if you have *****.
more...
house Birth Name - Alessandra Corine
vamsi_poondla
09-26 02:40 PM
Check it out
Dear Reader,
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a protest of
the long delays in securing green cards for highly-skilled workers already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
Dear Reader,
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a protest of
the long delays in securing green cards for highly-skilled workers already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
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hopefulgc
12-10 08:15 PM
even if we could do population control, another thing we would need is a time machine to go back and implement the control with retroactive effect. is there anyone who has been working on a time machine? How is it coming? :D:D:D:D
Do some population control in India and China, that would automatically fix the issue of retrogression. We are simply too many and we have clogged the system real bad. every 6th person on the face of this earth is Indian.
Do some population control in India and China, that would automatically fix the issue of retrogression. We are simply too many and we have clogged the system real bad. every 6th person on the face of this earth is Indian.
more...
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485Mbe4001
08-03 06:31 PM
Nope, he was against outsourcing big time. he is a ratings guy, emailing him will be counter prodductive..just mui dos pesos...
PCS:
Lou Hates ILLEGAL IMMIGRATION NOT LEGAL IMMIGRATION. if we can explain him about our problem then beleive me he is the only one who can talk everday about SKIL BILL.
Try it.
PCS:
Lou Hates ILLEGAL IMMIGRATION NOT LEGAL IMMIGRATION. if we can explain him about our problem then beleive me he is the only one who can talk everday about SKIL BILL.
Try it.
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richi121175
01-16 10:21 PM
Contributed $20 in Dec and just signed up for $20 per month.
Can anyone please confirm that we are still going for I-485 provision attached to the appropriation bills in February??
Can anyone please confirm that we are still going for I-485 provision attached to the appropriation bills in February??
more...
makeup of Alessandra Ambrosio,
Sunx_2004
07-15 01:53 PM
I agree, Don't waste single minute and consult attorney if you haven'nt done so..
Good luck
ajthakur,
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
Good luck
ajthakur,
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
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delax
07-13 08:19 AM
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
GCBy3000,
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
GCBy3000,
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
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ashwaghoshk
03-21 12:39 PM
I still dont see labor approvals after March1. I dont know where you r looking at,, Can you tell me which page your looking at?
I sent you a private message... check that url
I sent you a private message... check that url
indrachat_75
06-30 09:57 PM
Does anyone know if Fedex or anyone accepts mails on Sunday to be delivered on Monday morning ? Please advice ASAP.
Thanks
Indra
Thanks
Indra
fcres
07-24 05:12 PM
fcres, so would you be waiting till you get the RN and then send out the EVL with a reference to the A#? Or just going ahead and sending it rightaway?
I have RN since i filed in June.
I have RN since i filed in June.
