nc14
05-06 04:12 PM
Anyone from Cincinnati, Dayton, Indianapolis area who wants to plan the trip together. Flights from Dayton to BWI is for $157 roundtrip.
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ars01
07-09 01:36 PM
From the same memorandum:
"Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485."
One is ok even if an apporved I-140 is withdrawn as long as we have notified USCIS. This is a memo from August 2003. Here is the link:
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
"Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485."
One is ok even if an apporved I-140 is withdrawn as long as we have notified USCIS. This is a memo from August 2003. Here is the link:
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
ashkam
05-13 12:51 PM
When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.
Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
As per this rule, USCIS is not actually feeding the hungry.
Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.
What are you talking about? There are a limited number of green cards each year. The US wants the best of the best to get these green cards. Therefore, more preference is given to those with a higher degree or more experience. What's unjust or unfair about that? The trick is to look at things from the American perspective and not from the immigrant perspective.
And for the record, I am an EB3.
Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
As per this rule, USCIS is not actually feeding the hungry.
Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.
What are you talking about? There are a limited number of green cards each year. The US wants the best of the best to get these green cards. Therefore, more preference is given to those with a higher degree or more experience. What's unjust or unfair about that? The trick is to look at things from the American perspective and not from the immigrant perspective.
And for the record, I am an EB3.
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malibuguy007
04-01 01:58 PM
I agree we should keep the momentum going and achieve 10K this month as well.
My contribution of $25 Using the Donate Now button.
My contribution of $25 Using the Donate Now button.
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chi_shark
09-26 03:44 PM
all i can say is that your situation sounds like an illegal situation... if you are simply going to provide offer letter without actually having a job... but thats between you and your company and you may be perfectly legal and fine... check with a lawyer dude
So what is the general feeling about the Original GC sponsoring Job, Should we continue the Primary Job and Start a company on the sides. In my case
1. I am not on H1B anymore
2. I am already using my EAD with my GC sponsoring employer.
3. My Employer is ok if i leave the company ( i have been with them for 6-7 yrs now and they have made enough from me...fair enough i think)
4. My employer will not revoke the I-140 for sure.
5. My client is ok to work with me if i start my own company.
All the above points make me inclined towards starting a company and work for it, Do you think it is not advisable to change the employer specially in the case when you are starting your own company..
So what is the general feeling about the Original GC sponsoring Job, Should we continue the Primary Job and Start a company on the sides. In my case
1. I am not on H1B anymore
2. I am already using my EAD with my GC sponsoring employer.
3. My Employer is ok if i leave the company ( i have been with them for 6-7 yrs now and they have made enough from me...fair enough i think)
4. My employer will not revoke the I-140 for sure.
5. My client is ok to work with me if i start my own company.
All the above points make me inclined towards starting a company and work for it, Do you think it is not advisable to change the employer specially in the case when you are starting your own company..
chanduv23
10-13 09:59 AM
I was glad I made it even if I was late. The local chapter is no more nebulous entity in my mind. Good to see you all.
PS: My only gripe: laborchic turned out to far from a "chic". What a letdown ;-)
Well - now I understand why you were there :)
PS: My only gripe: laborchic turned out to far from a "chic". What a letdown ;-)
Well - now I understand why you were there :)
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eb3India
04-08 02:58 PM
Intresting someone brought up Gandhi's name here, we just'nt could manage more than few hundred to get togather to raise one voice, I just wonder if I think how this person was able to inspire millions to march on street and follow him without any questions asked.
back to topic, dude if you want you can go back there are many here who are counting on guys like you who will return so that their line gets shorter, we just go the way wind blows seems like itz going strong towards east these days
back to topic, dude if you want you can go back there are many here who are counting on guys like you who will return so that their line gets shorter, we just go the way wind blows seems like itz going strong towards east these days
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NKR
07-04 12:21 PM
I agree, if you are past 180 days since you applied for 485 and if your 140 is approved, it shouldn't matter if your ex employer withdraws 140 now, though I doubt he would.
This is another example of a bad desi employer trying to screw an employee. these stories make me puke. the employer did not have a problem when you found a project, when you negotiated rates and when you worked with the same client for 3 years and now all of a sudden he is holding you accountable. totally unprofessional . sic.
This is another example of a bad desi employer trying to screw an employee. these stories make me puke. the employer did not have a problem when you found a project, when you negotiated rates and when you worked with the same client for 3 years and now all of a sudden he is holding you accountable. totally unprofessional . sic.
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sledge_hammer
02-23 02:51 PM
And who is complaining about all of this?
It is gcisaDAWG :D
Dhoni should be banned....
http://thatscricket.oneindia.in/news/2009/02/19/indi-will-start-as-underdogs-dhoni.html
How dare he can say "India will start as underdogs: Dhoni" :D
Dannyboyle is calling Slum people "Slumdogs" and Dhoni is calling Indian cricket team as "Underdogs"..
What is happening? :)
n4nature
It is gcisaDAWG :D
Dhoni should be banned....
http://thatscricket.oneindia.in/news/2009/02/19/indi-will-start-as-underdogs-dhoni.html
How dare he can say "India will start as underdogs: Dhoni" :D
Dannyboyle is calling Slum people "Slumdogs" and Dhoni is calling Indian cricket team as "Underdogs"..
What is happening? :)
n4nature
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gvenkat
03-19 05:08 PM
Shop lifting has to be the most cheapest crime our indians commit when they land here.. They think the stores dont have anything and try to put it in their pocket and go away..
This is not an accident. there is no justification for what this guy has done. but maybe he can be given a benefit of the doubt that he did a stupid thing, in the rush of blood. I dunno if he inadvertently tried to put something in his pocket , forgot and left the store...if that is the case the guy deserves a break...
if not i cant fathom the fact that a sane person who took so much effort to get here thro F1 or H1 or what not, had this cheap idea... :eek::eek::eek::eek:
I read in one of the posts that they forgot to bill that item and could have been caught. Most cases if u are buying so many items and miss one they will leave u...
BTW, i'm curios as to what u shoplifted and where...? :(
This is not an accident. there is no justification for what this guy has done. but maybe he can be given a benefit of the doubt that he did a stupid thing, in the rush of blood. I dunno if he inadvertently tried to put something in his pocket , forgot and left the store...if that is the case the guy deserves a break...
if not i cant fathom the fact that a sane person who took so much effort to get here thro F1 or H1 or what not, had this cheap idea... :eek::eek::eek::eek:
I read in one of the posts that they forgot to bill that item and could have been caught. Most cases if u are buying so many items and miss one they will leave u...
BTW, i'm curios as to what u shoplifted and where...? :(
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chanduv23
05-13 02:20 PM
you will come acros these Jerks ..barely educated with BA music or Art degress or just some schooling and sitting as managers..what else can they do..abuse other people...prey on the weak..weak because we are on Visa...
they dont get any certification or any skills but however they want all the benefits/promotion..etc.
In such situation...dont let the situatuion grow..you need to change your gruop/company and remind the manager that they need to stick to rules..be diplomatic.If you are diplomatic and sensible in dealing with such cases..you will come out a winner..
Dont forget to complain to the HR about this person ...as this is a recurring pattern...then they will have a record of the persons behaviour
Yes, please do this. When I did it, I was not diplomatic and I believed people, but if you have some diplomacy, you can work it out for your own good.
As per my first post - the person though is an Indian, she is a US citizen. You all can now understand what kind of backlash is driving the politicians.
FArom all this we must understand that Grassroot advocacy is not going to be an easy task and there is a long way to go. More people, more funding, more support, more reach, more skills.
they dont get any certification or any skills but however they want all the benefits/promotion..etc.
In such situation...dont let the situatuion grow..you need to change your gruop/company and remind the manager that they need to stick to rules..be diplomatic.If you are diplomatic and sensible in dealing with such cases..you will come out a winner..
Dont forget to complain to the HR about this person ...as this is a recurring pattern...then they will have a record of the persons behaviour
Yes, please do this. When I did it, I was not diplomatic and I believed people, but if you have some diplomacy, you can work it out for your own good.
As per my first post - the person though is an Indian, she is a US citizen. You all can now understand what kind of backlash is driving the politicians.
FArom all this we must understand that Grassroot advocacy is not going to be an easy task and there is a long way to go. More people, more funding, more support, more reach, more skills.
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desibechara
10-15 09:01 PM
H1b humane-hear my story..it cannot be as inhuman as it can be..(i have written the story in one of the forums before also..)
My PD-Oct 2001..Eb3..My wife RIR-almost making it thru I140when all hell broke loose in our lives...my wife was pregnant and because of stupid gynaecologist..she ended up in hospital with complicated premature preganancy..guess what..as if it was not bad enough..her company got acquired just when she was admitted in hospital...imagine wondering about health insurance when she was kept to bed rest with no mobility allowed..we filed for insurance by mistake..which said that 20% in patient.....we were so shaken that even human resource did not advise us..guess what..baby was born..and it was surmised that baby will have long stay in hosiptal...2-3 months(eventually it was 4 months!)..somwhere around the first month..I realized that her insurance..will rip me off..I called right at the end of the first month..and tried several times to put my wife and baby on my insurance so that i don't end up paying 20%..it was lot of efforts until I found some desi in Blue cross insurance who put the whole family from the first initial month..when normally people get the policy for the following month at that time.
one down --and then another came..my wife was called to her office from hospital saying that..since there was lot of work in her office..she could come for some days..guess what..she went back..thinking..she could finish work and then take extended leave....guess what..she was laid off..and with baby in hospital..and lay off..plus a rush to change her status to H4 visa..imagine the workload.....finally got her status changed..to h4 visa..with GC and labor in trash...
I was so disgusted..that I started writing to Governor Shwarzenegger' office..who put me with Senator Diane Fienstein..and of course labor secretory Chao..after all the correspondings..all I got was my D number listed from Dallas..their sympathies...ALL I WROTE to them..Hey I want to change jobs because in those days I was commuting between LA to San Diego..where my baby was hospitalized...I wanted to be with my baby..and not work..but it was not possible..if I did..then I could get out of status...I even wrote to Department of Homeland security...and got no reply...they don't care..I ahve to be illegal to get sympathies..I guess!
Situation was bad..finally baby was out of hospital and I weathered all with help of Almighty...and now I am so disgusted with system..that I am moving to vancouver...
But I have another pleasant surprise..my boss wants me to work from vancouver and visit office once in a month...I don't know...whether it is possible...stay in vancouver and visit LA for 2 weeks and then go back and still maintain H1 status..
what do you say..after all the stress!
DB
My PD-Oct 2001..Eb3..My wife RIR-almost making it thru I140when all hell broke loose in our lives...my wife was pregnant and because of stupid gynaecologist..she ended up in hospital with complicated premature preganancy..guess what..as if it was not bad enough..her company got acquired just when she was admitted in hospital...imagine wondering about health insurance when she was kept to bed rest with no mobility allowed..we filed for insurance by mistake..which said that 20% in patient.....we were so shaken that even human resource did not advise us..guess what..baby was born..and it was surmised that baby will have long stay in hosiptal...2-3 months(eventually it was 4 months!)..somwhere around the first month..I realized that her insurance..will rip me off..I called right at the end of the first month..and tried several times to put my wife and baby on my insurance so that i don't end up paying 20%..it was lot of efforts until I found some desi in Blue cross insurance who put the whole family from the first initial month..when normally people get the policy for the following month at that time.
one down --and then another came..my wife was called to her office from hospital saying that..since there was lot of work in her office..she could come for some days..guess what..she went back..thinking..she could finish work and then take extended leave....guess what..she was laid off..and with baby in hospital..and lay off..plus a rush to change her status to H4 visa..imagine the workload.....finally got her status changed..to h4 visa..with GC and labor in trash...
I was so disgusted..that I started writing to Governor Shwarzenegger' office..who put me with Senator Diane Fienstein..and of course labor secretory Chao..after all the correspondings..all I got was my D number listed from Dallas..their sympathies...ALL I WROTE to them..Hey I want to change jobs because in those days I was commuting between LA to San Diego..where my baby was hospitalized...I wanted to be with my baby..and not work..but it was not possible..if I did..then I could get out of status...I even wrote to Department of Homeland security...and got no reply...they don't care..I ahve to be illegal to get sympathies..I guess!
Situation was bad..finally baby was out of hospital and I weathered all with help of Almighty...and now I am so disgusted with system..that I am moving to vancouver...
But I have another pleasant surprise..my boss wants me to work from vancouver and visit office once in a month...I don't know...whether it is possible...stay in vancouver and visit LA for 2 weeks and then go back and still maintain H1 status..
what do you say..after all the stress!
DB
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NNReddy
04-19 02:31 PM
I am confident that Obama will come with some kind of immigration bill like he did with health care. Though the bill will not be comprehensive, it will include some benefits to EB reform. The reason obama will pursue this is to secure his political future and win second term.
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kumar_77
07-19 01:47 PM
Reached NSC july 2 @ 7.55 per fed ex
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sc3
11-15 01:09 AM
let us not be moral police here.
Its illegal for an employer to charge for H1B. You cannot expect employee to know and enforce the law. Employers know its illegal to charge money and in this case his employer is in violation of law.
I wasn't moral policing, I was just laying out the legal stand that anybody can have under these circumstances. I am sure that the so called "Desi shop owner" is not so dumb to so flagrantly violate the law when his employee is going by the book, unless the employee is seriously gullible.
I agree it is illegal for employer to charge for H1B, and of course the employer is in violation of the law, but one needs to ascertain that the employee is not a willful accessory to that violation.
Its illegal for an employer to charge for H1B. You cannot expect employee to know and enforce the law. Employers know its illegal to charge money and in this case his employer is in violation of law.
I wasn't moral policing, I was just laying out the legal stand that anybody can have under these circumstances. I am sure that the so called "Desi shop owner" is not so dumb to so flagrantly violate the law when his employee is going by the book, unless the employee is seriously gullible.
I agree it is illegal for employer to charge for H1B, and of course the employer is in violation of the law, but one needs to ascertain that the employee is not a willful accessory to that violation.
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srinivas_o
07-08 02:05 PM
Thank You, WeShallOvercome. Your words really made me relaxed.
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sanju
01-15 12:27 PM
In India, the govt. collaborates with the criminals to kill the citizens.
And the next thing you will say is - and those citizens killed are from a specific minority and Hindus are killing Muslims and India is evil and blah blah blah blah..... Is that all?
What would it take for you to talk sense here? Just say it.
.
And the next thing you will say is - and those citizens killed are from a specific minority and Hindus are killing Muslims and India is evil and blah blah blah blah..... Is that all?
What would it take for you to talk sense here? Just say it.
.
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shantanup
05-12 10:50 AM
Sunday June 6th, Training will start from 10:30 am. (Venue will be announced later)
Monday June 7th, Meeting with the legislative offices
Tuesday June 8th, Press conference in the morning; meeting with legislative offices and a congressional reception that will run to around 10/11 pm. So please book your flights back home on red eye flights Tuesday night or early morning flights on Wednesday.
I have confirmed my travel plan. I will attend all events on Jun 6, 7 and 8. I have already paid for my airfare. I can bear all the local trasportation and incidental expenses. I don't have a place to stay, though. I would appreciate if someone can sponsor a 3 night hotel stay for me in Washington DC.
Monday June 7th, Meeting with the legislative offices
Tuesday June 8th, Press conference in the morning; meeting with legislative offices and a congressional reception that will run to around 10/11 pm. So please book your flights back home on red eye flights Tuesday night or early morning flights on Wednesday.
I have confirmed my travel plan. I will attend all events on Jun 6, 7 and 8. I have already paid for my airfare. I can bear all the local trasportation and incidental expenses. I don't have a place to stay, though. I would appreciate if someone can sponsor a 3 night hotel stay for me in Washington DC.
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Macaca
06-17 09:59 AM
In November 2006, Secretary Chertoff discussed a risk-based approach to homeland security threats, vulnerabilities, and consequences:
[T]he core principle that animates what we do at DHS . . . is risk management. It is a recognition of the fact that management of risk is not elimination of risk. There is no elimination of risk in life, and anybody who promises every single person protection against every threat at every moment in every place in the country is making a false promise . . .. What we do have to do is identify and prioritize risks -- understanding the threat, the vulnerability and the consequence. And then we have to apply our resources in a cost-effective manner, using discipline and common sense in order to minimize the risk without imposing undue cost on our communities and our families.
Despite Secretary Chertoff�s continuing emphasis on risk management, USCIS performs FBI name checks without the benefit of risk management modeling. In recent visits to USCIS field offices, a number of leaders have questioned the usefulness of the FBI name checks citing some of the same concerns discussed here. The process is not working and consideration should be given to re-engineering it to include a risk-based approach to immigration screening and national security. The U.S. Government Accountability Office recently noted in a report that �[w]hile the Secretary of DHS has expressed a commitment to risk management, DHS has not performed comprehensive risk assessments in . . . immigration and customs systems to guide resource allocation decisions.�
Every effort should be undertaken to identify and remove persons who pose threats to the United States, which would include rescinding immigration benefits after USCIS has granted them. It would be irresponsible for law enforcement entities to stop their investigation of a potential crime merely because the person who is the subject of their investigation has obtained a green card or U.S. citizenship.
Similarly, it would be illogical to think that delaying issuance of a green card or U.S. citizenship will prevent a criminal from committing a crime. Considering the protection the FBI name check provides, the cost of government resources used, and mental and actual hardships to applicants and their families, USCIS should reassess the continuation of its policy to require FBI name checks in their current form.
[T]he core principle that animates what we do at DHS . . . is risk management. It is a recognition of the fact that management of risk is not elimination of risk. There is no elimination of risk in life, and anybody who promises every single person protection against every threat at every moment in every place in the country is making a false promise . . .. What we do have to do is identify and prioritize risks -- understanding the threat, the vulnerability and the consequence. And then we have to apply our resources in a cost-effective manner, using discipline and common sense in order to minimize the risk without imposing undue cost on our communities and our families.
Despite Secretary Chertoff�s continuing emphasis on risk management, USCIS performs FBI name checks without the benefit of risk management modeling. In recent visits to USCIS field offices, a number of leaders have questioned the usefulness of the FBI name checks citing some of the same concerns discussed here. The process is not working and consideration should be given to re-engineering it to include a risk-based approach to immigration screening and national security. The U.S. Government Accountability Office recently noted in a report that �[w]hile the Secretary of DHS has expressed a commitment to risk management, DHS has not performed comprehensive risk assessments in . . . immigration and customs systems to guide resource allocation decisions.�
Every effort should be undertaken to identify and remove persons who pose threats to the United States, which would include rescinding immigration benefits after USCIS has granted them. It would be irresponsible for law enforcement entities to stop their investigation of a potential crime merely because the person who is the subject of their investigation has obtained a green card or U.S. citizenship.
Similarly, it would be illogical to think that delaying issuance of a green card or U.S. citizenship will prevent a criminal from committing a crime. Considering the protection the FBI name check provides, the cost of government resources used, and mental and actual hardships to applicants and their families, USCIS should reassess the continuation of its policy to require FBI name checks in their current form.
GCanyMinute
10-10 04:08 PM
finally my PD was reached!! I hope I'll hear great news soon!!!
I'll keep u guys posted about any news.
Good luck to us all !!! :)
I'll keep u guys posted about any news.
Good luck to us all !!! :)
spouse485
01-14 02:19 PM
Guys, can you clarify my doubts. thanks in advance.
1. I have got H-1B valid from Oct 1st, 2007, but I have not started working yet. I am going to India next month and want to come back using AP (obtined thru my husband's GC process). Will there be any problem at port of entry?
2. What should I tell at POE about my H-1B visa? Do I need show any pay stubs or employment letter?
3. Is it better to revoke my h-1B before I go to India to avoid this confusion ? If so, how do I revoke H-1B
1. I have got H-1B valid from Oct 1st, 2007, but I have not started working yet. I am going to India next month and want to come back using AP (obtined thru my husband's GC process). Will there be any problem at port of entry?
2. What should I tell at POE about my H-1B visa? Do I need show any pay stubs or employment letter?
3. Is it better to revoke my h-1B before I go to India to avoid this confusion ? If so, how do I revoke H-1B
