sweet23guyin
04-23 01:31 PM
You aint getting any information or clarification on this buddy. Everyone says it is a gray area. I am getting gray hair trying to get clarification for this gray area :)
Something so simple cannot be clarified, this is pathetic state of our being. Cant get a head start on business or even think about doing anything out of the box. Depressing!!!
I was in dilemma just like every one; keep postponing things right from the day I got EAD(2years passed).
Since I am on employment with H1b/GC sponsoring employer full time, I did not see a problem starting a company on my spouse name and start working part time as Corp to corp relation.
My feeling is, even if my status changed to EAD ( I don't know how to inform USCIS or USCIS know if I work for my spouse single member company), what will be the impact? RFE's for the next 3-5years? In such scenarios H1b/GC employer will any way ans those calls.
Though, I don't have any proof/idea of what the status I am/will be in using EAD as part time. I simply took the plunge with my gut feeling and economy situation.
If there is a chance or idea you want to put forth with your own company, there is no good time than today!
Good luck and let us know.
Something so simple cannot be clarified, this is pathetic state of our being. Cant get a head start on business or even think about doing anything out of the box. Depressing!!!
I was in dilemma just like every one; keep postponing things right from the day I got EAD(2years passed).
Since I am on employment with H1b/GC sponsoring employer full time, I did not see a problem starting a company on my spouse name and start working part time as Corp to corp relation.
My feeling is, even if my status changed to EAD ( I don't know how to inform USCIS or USCIS know if I work for my spouse single member company), what will be the impact? RFE's for the next 3-5years? In such scenarios H1b/GC employer will any way ans those calls.
Though, I don't have any proof/idea of what the status I am/will be in using EAD as part time. I simply took the plunge with my gut feeling and economy situation.
If there is a chance or idea you want to put forth with your own company, there is no good time than today!
Good luck and let us know.
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americandesi
03-13 05:34 PM
This is the danger with a "green card shop" company. They constantly have people joining and leaving them. Not a problem for H-1b but a major problem with GC processing.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
Most employees who leave the GC sponsoring employer either invoke AC21 or port their PD�s with another employer. Hence the GC sponsoring employer could very well go ahead and withdraw their I-140�s so that they are no longer burdened to prove ATP for all ex-employees.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
Most employees who leave the GC sponsoring employer either invoke AC21 or port their PD�s with another employer. Hence the GC sponsoring employer could very well go ahead and withdraw their I-140�s so that they are no longer burdened to prove ATP for all ex-employees.
wandmaker
07-19 08:50 PM
Thats informative. My receipt is SRC-07-264-XXXXX. The received date is July 2 and notice date is Sept 4. I dont think my application was received on the 264th working day. Even if you consider Sept 4 as the 264th day, that means that there are about 274 working days in a year (Fiscal -Sept 30 or otherwise). That seems too high!
Fiscal year 07, starts for USCIS from Oct 1st 2006 - Add 264 USCIS working days - it should match to Sep 4th
Fiscal year 07, starts for USCIS from Oct 1st 2006 - Add 264 USCIS working days - it should match to Sep 4th
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gc_eb2_waiter
07-06 10:27 AM
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
more...
Matt Peru
08-16 10:42 AM
Hi,
My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?
By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.
Please throw some light on my case...
Thank you very much.
My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?
By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.
Please throw some light on my case...
Thank you very much.
coopheal
12-28 03:45 PM
Yes it will be a while before it reaches Jan 03 (my guessestimate about 2 years). I wanted to get some idea on why EB2 got stuck around Jan 03 when it flew past Apr 01 deadline.
Even if EB3 moves slowly now it would in a year will be in mid 2002 or latter. And then in Mid 2003 in two years. which would cover my priority date. However if it got stuck to some other date (like EB2 in Jan 2003) it would be diffrent story.
Even if EB3 moves slowly now it would in a year will be in mid 2002 or latter. And then in Mid 2003 in two years. which would cover my priority date. However if it got stuck to some other date (like EB2 in Jan 2003) it would be diffrent story.
more...
GC Struggle
04-21 09:17 AM
You time on EAD will also be counted unless the H1 is cancelled when you start using the EAD.
Here is a situation....
Assuming you are on H1 and have completed 2 years.. And would like to use your EAD.. After using your EAD for one year if you want to come back to H1 - it is possible. - If your employer has cancelled your H1 when you started using the EAD you will have remaining 4 years.. But if he has not cancelled then your time on H1 will continue to be counted along with EAD and you will have only 3 years remaining on the H1.
Here is a situation....
Assuming you are on H1 and have completed 2 years.. And would like to use your EAD.. After using your EAD for one year if you want to come back to H1 - it is possible. - If your employer has cancelled your H1 when you started using the EAD you will have remaining 4 years.. But if he has not cancelled then your time on H1 will continue to be counted along with EAD and you will have only 3 years remaining on the H1.
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Prashanthi
08-27 02:17 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
DO NOT WORRY FILE A MOTION TO RE-OPEN. Whenever you file a motion the Supervisor will look at it before a decision is give, this is an obvious error because of the Officers Ignorance, this is not uncommon, we have a lot of ignorant officers around. This is a simple case to get approved, as long as you do everything in a timely fashion and submit the required documents. This might delay the processing of your case, but it will get approved as the law is clearly on your side.
IMPORTANT NOTE: The USCIS should not have revoked your I-140, then you are not eligible for AC-21. It is fine if your employer withdrew the I-140, not sure when you said revoked, who revoked the I-140, i am presuming it is the employer.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
DO NOT WORRY FILE A MOTION TO RE-OPEN. Whenever you file a motion the Supervisor will look at it before a decision is give, this is an obvious error because of the Officers Ignorance, this is not uncommon, we have a lot of ignorant officers around. This is a simple case to get approved, as long as you do everything in a timely fashion and submit the required documents. This might delay the processing of your case, but it will get approved as the law is clearly on your side.
IMPORTANT NOTE: The USCIS should not have revoked your I-140, then you are not eligible for AC-21. It is fine if your employer withdrew the I-140, not sure when you said revoked, who revoked the I-140, i am presuming it is the employer.
more...
ronhira
09-14 08:35 AM
there is no comparision between backlogs and holocaust....
a sign of a week mind is that he shall see his own life much difficult, believing that all others had it the easy way....
a sign of a week mind is that he shall see his own life much difficult, believing that all others had it the easy way....
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dhesha
08-14 08:04 PM
One of my friend got "Card Production Ordered" email. He is EB2-I, PD Jan 2006, RD- Sep 30 2007, NSC.
Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?
Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?
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tonyHK12
01-06 12:35 PM
Good to hear there is a serious attempt being made. However, in light of what is happening with comprehensive healthcare reform, is it advisable to try comprehensive immigration reform especially with the congressional make of of the 2 chambers?
The 2010 CIR already had strict border protection clauses and it mandated a secure border first. It looks like the republicans want to split it from the 'illegals path to legalization' and concentrate on bills that have enforcement first, reading Graham's statement. He was even opposed to the moderate DREAM act.
The 2010 CIR already had strict border protection clauses and it mandated a secure border first. It looks like the republicans want to split it from the 'illegals path to legalization' and concentrate on bills that have enforcement first, reading Graham's statement. He was even opposed to the moderate DREAM act.
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Administrator2
07-07 08:41 PM
I don't agree with what mbawa2574 has to say,but I certainly disagree banning mbawa for expressing views. I think, mbawa2574 is well within limits of posting anything that could hurt IV image/goals. ( On this thread, I mean).
What's the damage caused to your effort?( apart from deleting threads )
I'd rather help channel his thoughts and energies in a direction that helps IV than ban him.
mbawa2574, can you get in touch with some one in IV Core and put your thoughts on paper?
I'm sure you understand by now that IV is made of just you, me and bunch of other anonymous keyboard monkeys.
Cheers!
Thanks for your thoughts. We respectfully disagree. There was time for this discussion. Its easy for someone to post anything on the forum, unmindful of the time & effort put in by others. I think we reserve the right to make sure what appears on the home page of the website. Is there anything wrong with that?
Have you tried asking Numbersusa, Programmers Guild and your employer about changing leadership? What makes this organization any different? Just because anyone can post anything on IV website to get visibility on the homepage, its not ok to abuse the resources of the organization. We did not create IV to promote democracy or freedom of expression, there are ample of other sites to promote democracy and freedom of expression, you are free to use those resource at your liking. IV website is for a single purpose of achieving the goals we have set for the organization. You can find our goals on the website. And anything that conflicts with our goal will be removed. Its easy to use terms like democracy, freedom of expression etc to defend actions that malign the good effort put in by others. To make things clear, IV's objective is not to promote or preserve democracy/freedom of expression. We have a goal to achieve and we will not deter from our goal, whatever it takes.
What's the damage caused to your effort?( apart from deleting threads )
I'd rather help channel his thoughts and energies in a direction that helps IV than ban him.
mbawa2574, can you get in touch with some one in IV Core and put your thoughts on paper?
I'm sure you understand by now that IV is made of just you, me and bunch of other anonymous keyboard monkeys.
Cheers!
Thanks for your thoughts. We respectfully disagree. There was time for this discussion. Its easy for someone to post anything on the forum, unmindful of the time & effort put in by others. I think we reserve the right to make sure what appears on the home page of the website. Is there anything wrong with that?
Have you tried asking Numbersusa, Programmers Guild and your employer about changing leadership? What makes this organization any different? Just because anyone can post anything on IV website to get visibility on the homepage, its not ok to abuse the resources of the organization. We did not create IV to promote democracy or freedom of expression, there are ample of other sites to promote democracy and freedom of expression, you are free to use those resource at your liking. IV website is for a single purpose of achieving the goals we have set for the organization. You can find our goals on the website. And anything that conflicts with our goal will be removed. Its easy to use terms like democracy, freedom of expression etc to defend actions that malign the good effort put in by others. To make things clear, IV's objective is not to promote or preserve democracy/freedom of expression. We have a goal to achieve and we will not deter from our goal, whatever it takes.
more...
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imh1b
12-06 08:25 AM
What are chances of Dream Act?
What are the chances of including our provisions in the bill?
What happens if the bill passes without our provisions?
What happens if the bill fails?
WHAT ARE OUR CHANCES IN 2011?
Null, zero, Nada, Zilch
Just google Dream act. and then google Recapture visas. You will have your answer.
What are the chances of including our provisions in the bill?
What happens if the bill passes without our provisions?
What happens if the bill fails?
WHAT ARE OUR CHANCES IN 2011?
Null, zero, Nada, Zilch
Just google Dream act. and then google Recapture visas. You will have your answer.
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Jimi_Hendrix
11-17 12:51 AM
On passing of the nuclear deal. As you all must have read from the immigration voice newsletter, once the nuclear deal is through we will get renewed support from the Indian American caucus on our legal immigration reform needs.
Once again hearty congratulations to India on crossing the first step of securing civil nuclear technology! Jai hind:)
Once again hearty congratulations to India on crossing the first step of securing civil nuclear technology! Jai hind:)
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jcrajput
10-16 04:20 PM
Thanks so much for your reply. I think it will always a good idea to keep USCIS inform about your working condition since this is 'Employment based' case.
For AC21 I think I will need to match following:
1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.
2. Start date/salary/position title
3. Any Benefits if provided.
Do I need any document from sposerer employer? Do I need anything else?
Thank you and I appriciate your help.
For AC21 I think I will need to match following:
1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.
2. Start date/salary/position title
3. Any Benefits if provided.
Do I need any document from sposerer employer? Do I need anything else?
Thank you and I appriciate your help.
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ramboom1
03-28 09:20 AM
Fellow IV members,
How come the "Hard Limit" is not talked about / mentioned in any of the big websites? Shusterman.com / Aila.org et all. Is it possible to get an immigration attorney to explain this crucial issue of "Hard Limit" to IV core team ?
How come the "Hard Limit" is not talked about / mentioned in any of the big websites? Shusterman.com / Aila.org et all. Is it possible to get an immigration attorney to explain this crucial issue of "Hard Limit" to IV core team ?
more...
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GCard_Dream
07-28 04:43 PM
Did you surrender your I94 on the way out? If so, did the IO give you a new I94 when you came back in? The other gentleman made a comment about not surrendering the old I94 if traveling by road and if the trip is less than 30 days.
When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.
When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.
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desi3933
04-06 04:34 PM
Hi,
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
You should consider getting professional advice from attorney who deals in employment and contact laws in your state.
Non-Competition and Non-Compete FAQs by My Employment Lawyer (http://www.myemploymentlawyer.com/non-compete-covenant-FAQs.htm)
_________________
Not a legal advice.
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
You should consider getting professional advice from attorney who deals in employment and contact laws in your state.
Non-Competition and Non-Compete FAQs by My Employment Lawyer (http://www.myemploymentlawyer.com/non-compete-covenant-FAQs.htm)
_________________
Not a legal advice.
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Jaime
06-08 09:36 PM
The country needs more taxpayers, and the economy needs educated foreigners..."but American Lawmakers are having none of it"
http://news.bbc.co.uk/2/hi/business/8086392.stm
http://news.bbc.co.uk/2/hi/business/8086392.stm
Student with no hopes
11-22 10:12 AM
There was talk of wasted visas in another thread - does the data in this thread to confirm or reject the visa wastage?
akkakarla
09-01 04:45 PM
Then, I am unlucky then...Can you check your message please...i got interviewed in 10/2005 in Boston and once again in July 2008. They mentioned it is pending visa number available..
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