hpandey
04-30 01:36 PM
So, does that mean i can use AC 21 ? What problems if any should i expect in ac21 transfer ?
Yes if you transfer your H1 to move to the other employer ( instead of using EAD ) then you remain in H-status and your wife's H4 status also remains valid.
But always consult a lawyer before taking any step because I have heard conflicting opinions before.
Yes if you transfer your H1 to move to the other employer ( instead of using EAD ) then you remain in H-status and your wife's H4 status also remains valid.
But always consult a lawyer before taking any step because I have heard conflicting opinions before.
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valuablehurdle
09-11 04:15 PM
http://www.livemint.com/2007/09/11122655/Indian-IT-professionals-in-US.html
ns33
03-12 10:39 PM
Does this mean I can port the PD even if I moving from a technical position to a managerial position in a different company. of course I know one has to file a new perm and I140 with the new company.
I think you can - however, please get some legal consultation for that from a good lawyer.
I think you can - however, please get some legal consultation for that from a good lawyer.
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roseball
02-11 05:32 PM
Hi everyone,
Today i got an alert form USCIS that the pending 485s (for my wife and myself) have been transferred from NSC to TSC. Wanted to see if others with 485s pending at NSC have seen similar action.
My priority date is Oct 2005 and my 485 has been pending at NSC since July 2007.
Since TSC is almost current in processing I-485 applications, it could be that NSC might be transferring some applications to lower their I-485 pending case load.
Today i got an alert form USCIS that the pending 485s (for my wife and myself) have been transferred from NSC to TSC. Wanted to see if others with 485s pending at NSC have seen similar action.
My priority date is Oct 2005 and my 485 has been pending at NSC since July 2007.
Since TSC is almost current in processing I-485 applications, it could be that NSC might be transferring some applications to lower their I-485 pending case load.
more...
kartikiran
11-11 11:56 AM
Almond, even i used to think "so close and yet so far". but now have understood, i was never close to begin with...:(
it is better to accept the reality than trying to live with fool's gold like i did for about 2-3 years...
So close and yet so far...so damn far.
it is better to accept the reality than trying to live with fool's gold like i did for about 2-3 years...
So close and yet so far...so damn far.
loudoggs
12-03 12:22 PM
Thank you!!
No. Both times it was a large company (one has an agreement with a big law firm to handle immigration-related issues). I asked my current employer's attorney about it and she told me not to worry, they never had issues with AC21 portability (employer has 120,000+ employees). She was right regarding my case.
No. Both times it was a large company (one has an agreement with a big law firm to handle immigration-related issues). I asked my current employer's attorney about it and she told me not to worry, they never had issues with AC21 portability (employer has 120,000+ employees). She was right regarding my case.
more...
sagar_nyc
03-07 03:42 PM
I was with Company A. and had visa stamped for company A till Dec 2006. I switched from Company A to B in Nov 2004. and travelled to India in July 2005. Since I had a valid visa from company A, I didn't got it stamped with company B. Although I carried my transferred H-1 (Company B) and showed it to Immigration Officer upon arrival, which he was fine with.
Again This is not a legal advice. Please consult to lawyer before leaving.
Good Luck
Again This is not a legal advice. Please consult to lawyer before leaving.
Good Luck
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stueym
04-04 03:33 PM
DOS tried to update the system reflecting a big jump in the visa dates for May. The system was unused to any changes lately - leave aside such large forward movements - and as a result it crashed.
DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.
Nice one, although you are 2 days too late with your "special" news. :D
DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.
Nice one, although you are 2 days too late with your "special" news. :D
more...
krustycat
10-24 10:40 AM
I called uscis twice. The IO said they cannot raise a "Service Request" because they don't have enough evidence that the application was received properly and accepted for processing. They don't accept the tracking number as evidence. :confused:
The IO asked me for the receipt #, or evidence of checks cashed because I'm not in the system yet. :mad:
On July 9 my application was received in NSC and was signed for by F HEINAUER.
107 days and counting... :(
The IO asked me for the receipt #, or evidence of checks cashed because I'm not in the system yet. :mad:
On July 9 my application was received in NSC and was signed for by F HEINAUER.
107 days and counting... :(
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perm2gc
11-09 04:33 PM
Your Approval Notice is sent to the attorny not to you.If the current one you have is original one from attorney then your wife has to out of country immediately and enter with I94 ...Please note I94 is the one that determines you status in this country...
more...
asdfgh
02-27 08:32 AM
Currently in wetsern europe and going tomorrow to pick up my passport....am getting 2 stamps...1 for current extension that ends end of next month and then a second one for the new extension valid until '10....had to pay twice the fees since its 2 stamps.
They discussed the issue at the consulate and decided that the best way to proceed was with 2 stamps to avoid any issues at port of entry.
Reason - The stamp needs to match the dates on 797...so either get 2 stamps or get 1 stamp for the latest extension which will only be effective for travel beginning 10 days prior to date on 797.
Guess based on a previous post it varies from consulate to consulate.
Whatever you get, doesnt matter, as long as you get it and it allows you to come back when you want to.
They discussed the issue at the consulate and decided that the best way to proceed was with 2 stamps to avoid any issues at port of entry.
Reason - The stamp needs to match the dates on 797...so either get 2 stamps or get 1 stamp for the latest extension which will only be effective for travel beginning 10 days prior to date on 797.
Guess based on a previous post it varies from consulate to consulate.
Whatever you get, doesnt matter, as long as you get it and it allows you to come back when you want to.
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wandmaker
08-11 01:47 AM
Thanks for this info.
Well,I was given Green Form 221 g from NEw Delhi Consulate wherein they asked me to submit: Unemplotment Wage reports, Project description, Notarised list of Employee and W2.
With regards to my personal info, they okayed it with my MBA degree and over 12 years experience behind.:cool:
BTW, this is my first attempt in getting H1B Visa and I have B1/B2 Visa for10 yrs as also visited USA twice and came back within a fortnight.
My background check is okay.
The problem is with the Employer!!
(1) Unemployment Wage Report: All employers who are liable for unemployment insurance (UI) must file a tax and wage report for each quarter they are in business. Active employers should receive a printed report by mail during the last week of each quarter. The report must be filed by the due date. Employers must report all wages paid to employees. Consulate will be in a position to determine the stablity of the employer based on quarterly reports, which will give detailed insight about how company is doing.
(2) Project Description: Consulate is interested in what you will be doing with the company once you land the USA. This is a free form letter issued in a company letter head addressing to Consulate (Delhi in your case).
(3) Notarised list of Employee: Consulate can verify whether the number of employees mentioned in your document is same or higher; this can be tied to (1).
(4) W2: Consulate will require annual tax return filed by employer to see how the company has performed in the last year and current state can be determined by (1)
In my opinion, (1) , (2) and (4) is mandatory and (3) information can be obtained from (1) - without which your visa will not be issued.
If your employer is not co-operative then I suggest you start looking for new employer.
Well,I was given Green Form 221 g from NEw Delhi Consulate wherein they asked me to submit: Unemplotment Wage reports, Project description, Notarised list of Employee and W2.
With regards to my personal info, they okayed it with my MBA degree and over 12 years experience behind.:cool:
BTW, this is my first attempt in getting H1B Visa and I have B1/B2 Visa for10 yrs as also visited USA twice and came back within a fortnight.
My background check is okay.
The problem is with the Employer!!
(1) Unemployment Wage Report: All employers who are liable for unemployment insurance (UI) must file a tax and wage report for each quarter they are in business. Active employers should receive a printed report by mail during the last week of each quarter. The report must be filed by the due date. Employers must report all wages paid to employees. Consulate will be in a position to determine the stablity of the employer based on quarterly reports, which will give detailed insight about how company is doing.
(2) Project Description: Consulate is interested in what you will be doing with the company once you land the USA. This is a free form letter issued in a company letter head addressing to Consulate (Delhi in your case).
(3) Notarised list of Employee: Consulate can verify whether the number of employees mentioned in your document is same or higher; this can be tied to (1).
(4) W2: Consulate will require annual tax return filed by employer to see how the company has performed in the last year and current state can be determined by (1)
In my opinion, (1) , (2) and (4) is mandatory and (3) information can be obtained from (1) - without which your visa will not be issued.
If your employer is not co-operative then I suggest you start looking for new employer.
more...
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pom
10-05 06:01 AM
:A+: I love the picture, Lost. That's the kind of design and colours that I like. I'm wondering if I might steal that for my site, hum...
:A+: Syko, your footer is brilliant! They are always fun, but this one is just great.
Good job guys.
:A+: Syko, your footer is brilliant! They are always fun, but this one is just great.
Good job guys.
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randallemery
03-10 10:22 PM
Immigration Press Briefing
9:00 am PST, February 28, 2006
This week the AFL-CIO Committee on Immigration adopted one of the most innovative and progressive frameworks for achieving real comprehensive immigration reform. As it stands today, our immigration system is nothing more than a blueprint for exploitation of both foreign and native-born workers. Overhaul of our nation's broken immigration laws is long overdue.
We believe that America deserves a more just and democratic immigration system that protects the interests of ALL workers within our borders-immigrants and U.S.-born workers alike.
It's a tragedy that instead of advocating for permanent relief to the millions of undocumented workers already in this country, paying taxes and contributing to their communities, our nation's leaders continue to push for the same old hollow policies that if enacted will only drive immigrants further into the shadows of American society while allowing employers to depress labor protections and standards for ALL workers within our borders.
Instead of comprehensive reform, many of our leaders continue to look to outdated temporary guestworker programs as a cure-all solution. Real immigration reform cannot and should not be designed primarily to enlarge guestworker programs that have served only to provide greedy employers with a steady stream of vulnerable, indentured workers they may exploit for commercial gain.
This week AFL-CIO unions have voted on a landmark resolution that breaks away from this oppressive guestworker mold and offers a more just and viable solution that will benefit all workers. To be effective, comprehensive immigration reform must include three key, interdependent goals: 1) reform proposals MUST provide a clear and well-defined path to permanent residency for those workers already here and contributing to their communities 2) our laws must include uniform enforcement of workplace standards to ensure a more just and level playing field and 3) to achieve a blanket standard of workplace right, we MUST reject outdated guestworker constructs that by their very nature harm the interests of foreign and U.S born workers alike.
The horrific abuses suffered by workers in the first such program, the post -World War II bracero program, are well documented and indisputable. And although most people like to think of bracero programs as a phenomenon of the past, the reality is that their legacy of exploitation and abuse continues to thrive in contemporary American society through modern guestworker programs such as the H1-B and H2-B. President Junemann will talk more about how employers take advantage of H1-Bs and exploit workers while eroding wages and workplace standards within the high tech industry
We believe that there is absolutely no good reason why any immigrant who comes to this country prepared to work, to pay taxes, and to abide by our laws and rules should be relegated to this repressive, second-class guestworker status.
To embrace the expansion of temporary guestworker programs is to embrace the creation of an undemocratic, two-tiered society.
To combat this model, the AFL-CIO has put forth a more humane and democratic alternative. We propose that if employers can demonstrate a real need for outside workers, these workers should be allowed into our country with the SAME RIGHTS AND LABOR PROTECTIONS of any U.S. citizen. When there is a real need for foreign workers, we should embrace these workers NOT as "guests" but as FULL members of society --as PERMANENT RESIDENTS with full rights and full mobility that greedy employers may NOT exploit.
What immigrant workers need is a real path to legalization and a method for addressing America's future needs for outside labor in a way that guarantees immigrant workers--and thus ALL workers--full rights, and a real voice on the job. As a nation that prides itself on fair treatment and equality, we simply cannot settle for anything less.
9:00 am PST, February 28, 2006
This week the AFL-CIO Committee on Immigration adopted one of the most innovative and progressive frameworks for achieving real comprehensive immigration reform. As it stands today, our immigration system is nothing more than a blueprint for exploitation of both foreign and native-born workers. Overhaul of our nation's broken immigration laws is long overdue.
We believe that America deserves a more just and democratic immigration system that protects the interests of ALL workers within our borders-immigrants and U.S.-born workers alike.
It's a tragedy that instead of advocating for permanent relief to the millions of undocumented workers already in this country, paying taxes and contributing to their communities, our nation's leaders continue to push for the same old hollow policies that if enacted will only drive immigrants further into the shadows of American society while allowing employers to depress labor protections and standards for ALL workers within our borders.
Instead of comprehensive reform, many of our leaders continue to look to outdated temporary guestworker programs as a cure-all solution. Real immigration reform cannot and should not be designed primarily to enlarge guestworker programs that have served only to provide greedy employers with a steady stream of vulnerable, indentured workers they may exploit for commercial gain.
This week AFL-CIO unions have voted on a landmark resolution that breaks away from this oppressive guestworker mold and offers a more just and viable solution that will benefit all workers. To be effective, comprehensive immigration reform must include three key, interdependent goals: 1) reform proposals MUST provide a clear and well-defined path to permanent residency for those workers already here and contributing to their communities 2) our laws must include uniform enforcement of workplace standards to ensure a more just and level playing field and 3) to achieve a blanket standard of workplace right, we MUST reject outdated guestworker constructs that by their very nature harm the interests of foreign and U.S born workers alike.
The horrific abuses suffered by workers in the first such program, the post -World War II bracero program, are well documented and indisputable. And although most people like to think of bracero programs as a phenomenon of the past, the reality is that their legacy of exploitation and abuse continues to thrive in contemporary American society through modern guestworker programs such as the H1-B and H2-B. President Junemann will talk more about how employers take advantage of H1-Bs and exploit workers while eroding wages and workplace standards within the high tech industry
We believe that there is absolutely no good reason why any immigrant who comes to this country prepared to work, to pay taxes, and to abide by our laws and rules should be relegated to this repressive, second-class guestworker status.
To embrace the expansion of temporary guestworker programs is to embrace the creation of an undemocratic, two-tiered society.
To combat this model, the AFL-CIO has put forth a more humane and democratic alternative. We propose that if employers can demonstrate a real need for outside workers, these workers should be allowed into our country with the SAME RIGHTS AND LABOR PROTECTIONS of any U.S. citizen. When there is a real need for foreign workers, we should embrace these workers NOT as "guests" but as FULL members of society --as PERMANENT RESIDENTS with full rights and full mobility that greedy employers may NOT exploit.
What immigrant workers need is a real path to legalization and a method for addressing America's future needs for outside labor in a way that guarantees immigrant workers--and thus ALL workers--full rights, and a real voice on the job. As a nation that prides itself on fair treatment and equality, we simply cannot settle for anything less.
more...
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bijualex29
03-24 01:42 PM
As per the new proposed law:
Total EB visa 290,000
EB-1 EB-2 EB-3
# Visa issued to each categories
43500 43500 101500
Max No of visa can be issued to each county ( India) 10%
77000 among EB-1, EB-2, EB-3
10% of Total EB + FB visa is 770000.
Please refer to Visa Bulletin April, 2006, where the distribution of visa is clearly explained with example.
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320
Total EB visa 290,000
EB-1 EB-2 EB-3
# Visa issued to each categories
43500 43500 101500
Max No of visa can be issued to each county ( India) 10%
77000 among EB-1, EB-2, EB-3
10% of Total EB + FB visa is 770000.
Please refer to Visa Bulletin April, 2006, where the distribution of visa is clearly explained with example.
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320
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morchu
05-08 04:29 PM
Hei... when you have the opportunity for an earlier PD just take it. Nobody can predict how EB1 PD will be in future. You loose nothing.
A more aggressive approach is to do concurrent filing for EB1-140 and another 485. But I wont do that.
.... Since EB1 is current most of the times......
A more aggressive approach is to do concurrent filing for EB1-140 and another 485. But I wont do that.
.... Since EB1 is current most of the times......
more...
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cchaitu
11-06 04:19 PM
The question is: is a copy of I140 is that important to use AC21 . From the posts on IV forums I got the impression is you dont even need a copy of I140. The important thing is to apply for change of attorneys immediately after changing the job. If you get any RFE - you will get on the employment verification - then you need to show you have a job that is same/similar as the one in labor certification. If you know the job description (generally most employers attorneys share this info to make sure that you have relevant experience) then make sure your new job is same or atleast mostly similar.
In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).
Thanks Kishdam for your quick reply
In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).
Thanks Kishdam for your quick reply
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nmdial
03-12 07:19 AM
As far as I know, one is only required to file taxes on foreign accounts if they have $10000 or more in their accounts at any time during the financial year. Please correct me if I am wrong. Also, check: Report of Foreign Bank and Financial Accounts (FBAR) (http://www.irs.gov/businesses/small/article/0,,id=148849,00.html)
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sasidhar79
07-01 01:53 PM
No matter what , no other country has balls or guts to accept huge number of immigrants like US does, yes do you huge volume it is slow but the govt. is more aware of the fact that high skilled immigrants add to the benefit of their country compared to Canada (conservatives in liberal skin- because they have undocumented race based limitation), Britian(high skilled immigrants are usually colored therefore anything colored is considered not British) and Australia (how can a decent high skilled immigrant be accepted by bunch of outback thugs).
Please observe all these countries' immigration policies in this day of economic downturn, all of them are actively shutting their doors except USA (comparatively). I think USA is more closer for me as a home after India, I got misled by Canada but after what happened in their Alberta Province's AINP program for H1b holders I realised that Canadian pasture is really not green it is just an illusion.
thank you
Please observe all these countries' immigration policies in this day of economic downturn, all of them are actively shutting their doors except USA (comparatively). I think USA is more closer for me as a home after India, I got misled by Canada but after what happened in their Alberta Province's AINP program for H1b holders I realised that Canadian pasture is really not green it is just an illusion.
thank you
pappu
06-19 09:13 AM
See
http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Birth_Certificate
http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Birth_Certificate
go_guy123
07-14 10:16 AM
I have my I 140 approved and No I 485 has been filled yet. My brother became US citizen so I would like to file for I 130.
As there is no guarantee in Employment based immigration journey ( layoff , denial etc.. ) I strongly prefer to have I 130 filled. Is there any risk of filling both ?
Check out the visa bulletin. There also the backlog is 12+ years for F4 - India category. So if you apply now....you will get in 2021 !!!
As there is no guarantee in Employment based immigration journey ( layoff , denial etc.. ) I strongly prefer to have I 130 filled. Is there any risk of filling both ?
Check out the visa bulletin. There also the backlog is 12+ years for F4 - India category. So if you apply now....you will get in 2021 !!!
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