Macaca
03-03 09:10 PM
She says that only H1B expenses should be paid by employer. Period.
I have written a check to USCIS for my H1B application fees.
It may be possible that the rules changed after I wrote the check in 2002.
I have written a check to USCIS for my H1B application fees.
It may be possible that the rules changed after I wrote the check in 2002.
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justAnotherFile
04-04 12:04 PM
its unbelievable what has been achieved in the last 2 months.
this is also path-breaking and historical as this is the first recorded organized group of high-skilled legal immigrants fighting for their cause.
Kudos to the core team. ignore the detractors.
this is also path-breaking and historical as this is the first recorded organized group of high-skilled legal immigrants fighting for their cause.
Kudos to the core team. ignore the detractors.
newu77
08-21 12:19 PM
Thanks xingeng. This is the first case, I am seeing, that got transferred from NSC to TSC and got the receipt #.
Did you have LUD (Last Update Date) on your I-140?
Did you have LUD (Last Update Date) on your I-140?
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theMan
03-09 02:55 PM
I am going to India for couple months and plans to return back on AP.I am planning to get my passport Renewal in India.Is it OK to Renew in India as it shows my India address.
Thanks In advance
I am not sure if they do police verification, even for renewals. If that is the case, there is potential for delay.
I think, renewing in the US is a fairly simple process and in most cases be accomplished in 3 weeks. There is a separate question that asks for your Indian address, so that should not pose a problem.
Thanks In advance
I am not sure if they do police verification, even for renewals. If that is the case, there is potential for delay.
I think, renewing in the US is a fairly simple process and in most cases be accomplished in 3 weeks. There is a separate question that asks for your Indian address, so that should not pose a problem.
more...
Pineapple
05-24 12:43 PM
Done
thepaew
11-13 02:28 PM
I do know a friend who fits the bill - EB2(ROW)
I have asked him for his permission to share contact information with you. He is not a member of IV.
A top national reporter wants to speak with someone in EB
community who may have recently lost his/her job due to current
economic situation. I think it would be best for our cause for someone
who was offered a new job possibly in the 'same or similar' area
immediately after losing their job. It would help to highlight that
the highly-skilled immigrants are in demand because of their skills
even when the economic situation is not doing well, but, there is no
reason to keep us in limbo for over a decade, merely to test our skill
level. There are better ways to test our skill level. If you or
someone you know fits this profile, kindly email your information and contact details to info at immigrationvoice.org
immediately.
The reporter will also highlight the housing angle and that we can
start new ventures that could potentially create new jobs to uplift
the economy.
This is a big opportunity as the interview from this reporter will be published in most big newspapers and on news websites. We need someone urgently today if possible.
I have asked him for his permission to share contact information with you. He is not a member of IV.
A top national reporter wants to speak with someone in EB
community who may have recently lost his/her job due to current
economic situation. I think it would be best for our cause for someone
who was offered a new job possibly in the 'same or similar' area
immediately after losing their job. It would help to highlight that
the highly-skilled immigrants are in demand because of their skills
even when the economic situation is not doing well, but, there is no
reason to keep us in limbo for over a decade, merely to test our skill
level. There are better ways to test our skill level. If you or
someone you know fits this profile, kindly email your information and contact details to info at immigrationvoice.org
immediately.
The reporter will also highlight the housing angle and that we can
start new ventures that could potentially create new jobs to uplift
the economy.
This is a big opportunity as the interview from this reporter will be published in most big newspapers and on news websites. We need someone urgently today if possible.
more...
sss123
10-18 10:25 AM
I am in the same situation. i got approval notice on sep 1st but no cards...........
My 485 Case status is like this
Your Case Status: Card/ Document Production
On September 3, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
It is almost 45 days??NO FP and nothing happened so far? can anybody in the same situation. please update your status it helps a lot for me.
Thx
SSS
My 485 Case status is like this
Your Case Status: Card/ Document Production
On September 3, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
It is almost 45 days??NO FP and nothing happened so far? can anybody in the same situation. please update your status it helps a lot for me.
Thx
SSS
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mojo_jojo
01-18 07:13 PM
If the recession does hit,
will the visa bulletin of every month jump faster?
or will it slow down?
does anyone know?
:confused:
will the visa bulletin of every month jump faster?
or will it slow down?
does anyone know?
:confused:
more...
ivuser
02-16 04:40 PM
CMCN
Page URL : http://www.cmcn.ab.ca/gettinggreencard.php
Content :
Job switch after getting Green Card!?
Question:
My question is: Can a person switch the job once (s)he gets his Immigration Stamp? If not then what is the period of time for changing the job after immigration stamp. Note that he is currently on H1B and waiting for Immigration Interview.
Answer:
The official rule (which IMHO has not changed with the passage of AC21) is that you must not have any preconceived intention to leave the job when you get your Green Card. (Your friend clearly does :-( ) In general, working for the company for one year after getting the GC is normally considered sufficient.
If he can't stand the thought of a whole other year at the company, then he should withdraw his consular processing and switch to adjustment of status within the US. 180 days after his AOS is filed, he can take advantage of AC21 and switch jobs, providing he remains in the same field. Of course, the downside is that it'll be an extra year or more before he actually gets his GC.
I doubt such a "rule" would be enforceable after AC21 for people getting greencard thru the lengthy I-485 process. It makes no sense that someone in the I-485 for more than 180 can change job while still getting the greencard, while someone with the greencard can't change jobs after waiting for so long on the I-485. A federal judge would certainly dismiss such case.
I wouldn't speak so soon. We already have an analogous situation with marriage: if you divorce three years and six months into a marriage, do you get to keep your Green Card? Not if the processing took between 18 months and two years. If it was more than two years, you are home and dry because you got a full GC; but if you get your GC even one day before your second wedding anniversary, it's conditional on you staying married for another full two years (with a few exceptions for domestic violence etc.)
So although I agree the situation is iniquitous, we already have a close analogue enshrined and clear in law. Could it survive a challenge under the 14th Amendment? Maybe not, but nobody (to my knowledge) has ever tried.
Page URL : http://www.cmcn.ab.ca/gettinggreencard.php
Content :
Job switch after getting Green Card!?
Question:
My question is: Can a person switch the job once (s)he gets his Immigration Stamp? If not then what is the period of time for changing the job after immigration stamp. Note that he is currently on H1B and waiting for Immigration Interview.
Answer:
The official rule (which IMHO has not changed with the passage of AC21) is that you must not have any preconceived intention to leave the job when you get your Green Card. (Your friend clearly does :-( ) In general, working for the company for one year after getting the GC is normally considered sufficient.
If he can't stand the thought of a whole other year at the company, then he should withdraw his consular processing and switch to adjustment of status within the US. 180 days after his AOS is filed, he can take advantage of AC21 and switch jobs, providing he remains in the same field. Of course, the downside is that it'll be an extra year or more before he actually gets his GC.
I doubt such a "rule" would be enforceable after AC21 for people getting greencard thru the lengthy I-485 process. It makes no sense that someone in the I-485 for more than 180 can change job while still getting the greencard, while someone with the greencard can't change jobs after waiting for so long on the I-485. A federal judge would certainly dismiss such case.
I wouldn't speak so soon. We already have an analogous situation with marriage: if you divorce three years and six months into a marriage, do you get to keep your Green Card? Not if the processing took between 18 months and two years. If it was more than two years, you are home and dry because you got a full GC; but if you get your GC even one day before your second wedding anniversary, it's conditional on you staying married for another full two years (with a few exceptions for domestic violence etc.)
So although I agree the situation is iniquitous, we already have a close analogue enshrined and clear in law. Could it survive a challenge under the 14th Amendment? Maybe not, but nobody (to my knowledge) has ever tried.
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immi_seeker
10-03 03:55 PM
my FP is done on 19th sep and got LUD on 485 on 20th sep and same day card production ordered.
you mean EAD card production ?
you mean EAD card production ?
more...
ajm
04-13 09:25 PM
Another helpful "negative feedback" is the trend of GC applicants stuck in the system moving out of the US. Understandably, most immigrant are reluctant to take this tough step but the trend is here and it grows like a snowball.
Excellent point!
Maybe the IV team, when interacting with legislators, can also highlight cases of exceptional persons who got tired of waiting for their green card and are now productively employed in their home country. That will be a nice complement to the stories of people like us who have still not given up.
Excellent point!
Maybe the IV team, when interacting with legislators, can also highlight cases of exceptional persons who got tired of waiting for their green card and are now productively employed in their home country. That will be a nice complement to the stories of people like us who have still not given up.
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meridiani.planum
07-16 03:03 AM
yes. there is a possibility of some retrogression for EB2 India/China in the comming bulletins. But that is just for few months and it might be a mild retrogression as long as there is horizontal fall outs of spill over visas.
"possibility of retrogression"???? thats sounding like a weather forecast. :)
lets have a specific prediction here. Can you pick an year and month for EB2-India for the October 2008 Visa Bulletin (start of new fiscal year)?
Ron Gotcher believes EB2-India will be somewhere at 2002/2003.
"possibility of retrogression"???? thats sounding like a weather forecast. :)
lets have a specific prediction here. Can you pick an year and month for EB2-India for the October 2008 Visa Bulletin (start of new fiscal year)?
Ron Gotcher believes EB2-India will be somewhere at 2002/2003.
more...
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a_yaja
09-10 11:24 PM
I don't know much about Canada PR, but the 2nd option sounds good to me. Make sure your new employer is willing to give you a Joining Letter with the similar job responsibilities, job title, etc upon which your 485 is based.
Good Luck.
Dude - think practically. If the billing rate that the company is going to get from the client is $70/hr and they keep only $5/hr then they have to give him $65/hr. If they have to keep him on the payroll, they will have to pay 7.45% in payroll tax, which is employer's portion of Social Security Tax and Medicare (reducing their rate from $70 to $65.1575). This means they will be making 15.75 cents/ hr (translates to $315 for a year assuming that you work for 2000 hrs - the remaining 80 hrs go in holidays - for which they may or may not pay). Even if they are outsourcing payroll, do you think that it will cost them less than $315 a year to pay him? even if it costs $0 - who would be willing to keep you on their payroll to make only $315 a year? Would you? and if you take unemployment insurance and liability insurance into account, the company would make a loss. If you owned a company would you follow this business model? If you are - you might as well just give your money for free to all your employees.
The only way you can get a company to keep $5/ hr and give you the rest is if you agree to a 1099 (and you cannot do that on a H1B - you need to use EAD for that). On a 1099 - there are other tax implications - now you have to pay both your share and the employer share of payroll tax (14.9%). And now since you are an independent consultant (which is what a 1099 is), you have to get your own Liability Insurance. To prevent people from suing you, you will need to form a LLC or some other type of corporation. You might want to get a good CPA to setup your company so that you can setup the right kind of company to benefit from the right tax deductions.
There is nothing wrong in making more money - just like you want more money, the corporations are out there to make money too. No one is in the business for charity. As long as the relationship between employee and employer is symbiotic, all is good. Once the equation changes, it is either time for the employee to say good bye to the employer or for the employer to off-load the employee from the corporate bus.
I have seen many posts in this forum complaining of "blood-sucking" employers and how they exploit employees. To me, that is the same as:
- programmer's guild complaining about us stealing their jobs or
- people losing their home and blaming the banks "for not disclosing terms"
- anyone who is blaming anyone else for their troubles
If you are being exploited, it is because you are willing to be exploited. Don't blame the employer. Blame yourself. If you don't want to pack your bags and go home when you lose a job and cannot get another one, don't blame the employer and tell others that they are "sucking your blood". Everyone is here to make money.
Good Luck.
Dude - think practically. If the billing rate that the company is going to get from the client is $70/hr and they keep only $5/hr then they have to give him $65/hr. If they have to keep him on the payroll, they will have to pay 7.45% in payroll tax, which is employer's portion of Social Security Tax and Medicare (reducing their rate from $70 to $65.1575). This means they will be making 15.75 cents/ hr (translates to $315 for a year assuming that you work for 2000 hrs - the remaining 80 hrs go in holidays - for which they may or may not pay). Even if they are outsourcing payroll, do you think that it will cost them less than $315 a year to pay him? even if it costs $0 - who would be willing to keep you on their payroll to make only $315 a year? Would you? and if you take unemployment insurance and liability insurance into account, the company would make a loss. If you owned a company would you follow this business model? If you are - you might as well just give your money for free to all your employees.
The only way you can get a company to keep $5/ hr and give you the rest is if you agree to a 1099 (and you cannot do that on a H1B - you need to use EAD for that). On a 1099 - there are other tax implications - now you have to pay both your share and the employer share of payroll tax (14.9%). And now since you are an independent consultant (which is what a 1099 is), you have to get your own Liability Insurance. To prevent people from suing you, you will need to form a LLC or some other type of corporation. You might want to get a good CPA to setup your company so that you can setup the right kind of company to benefit from the right tax deductions.
There is nothing wrong in making more money - just like you want more money, the corporations are out there to make money too. No one is in the business for charity. As long as the relationship between employee and employer is symbiotic, all is good. Once the equation changes, it is either time for the employee to say good bye to the employer or for the employer to off-load the employee from the corporate bus.
I have seen many posts in this forum complaining of "blood-sucking" employers and how they exploit employees. To me, that is the same as:
- programmer's guild complaining about us stealing their jobs or
- people losing their home and blaming the banks "for not disclosing terms"
- anyone who is blaming anyone else for their troubles
If you are being exploited, it is because you are willing to be exploited. Don't blame the employer. Blame yourself. If you don't want to pack your bags and go home when you lose a job and cannot get another one, don't blame the employer and tell others that they are "sucking your blood". Everyone is here to make money.
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abhijitp
11-20 05:06 PM
:mad:
You may use the new thread button here:
http://immigrationvoice.org/forum/forumdisplay.php?f=6
You may use the new thread button here:
http://immigrationvoice.org/forum/forumdisplay.php?f=6
more...
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Openarms
01-07 03:37 PM
Well what happened here in US when Enron and all these financial giant failure.
Well Said GCA, I think it is another good test for Indian government to their guts and do justice (may sound Naive but ...) for folks who are effecting by this. They should not loose this opportunity.
Well Said GCA, I think it is another good test for Indian government to their guts and do justice (may sound Naive but ...) for folks who are effecting by this. They should not loose this opportunity.
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whoever
06-17 04:05 PM
i dont have a marriage certificate, can an affidavit from both parents be used instead of a marriage certificate?
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desi3933
03-02 04:08 PM
Thanks. One question, I may not have asked it properly:
What I had (mis-) understood till date was: there were 2 ways for employment based GC: 1) if I was outside US all along, and the employer applied my employment based GC for future employment, and 2) if I was working in US for the employer and he applied for my EB2 GC based on the job that I was offered and was working on.
Both are for future employment.
1) means immigrant visa at consulate abroad (consular processing)
2) choice of immigrant visa at consulate abroad OR I-485 application to adjust status
It is possible to switch from I-485 to immigrant visa abroad by filing I-824 with NVC.
_______________________
Not a legal advice.
US citizen of Indian origin
What I had (mis-) understood till date was: there were 2 ways for employment based GC: 1) if I was outside US all along, and the employer applied my employment based GC for future employment, and 2) if I was working in US for the employer and he applied for my EB2 GC based on the job that I was offered and was working on.
Both are for future employment.
1) means immigrant visa at consulate abroad (consular processing)
2) choice of immigrant visa at consulate abroad OR I-485 application to adjust status
It is possible to switch from I-485 to immigrant visa abroad by filing I-824 with NVC.
_______________________
Not a legal advice.
US citizen of Indian origin
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ScratchingHead
10-01 01:09 PM
Need to travel via British airways. H1b visa is expired and need to get UK transit visa.
Any experiences on the quickest way to get this?
thx
Dont buy air tickets that fly thru UK. Be a dignified India and question why they need a transit visa, when you are not going to set even 1 inch outside the airport.
Any experiences on the quickest way to get this?
thx
Dont buy air tickets that fly thru UK. Be a dignified India and question why they need a transit visa, when you are not going to set even 1 inch outside the airport.
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zCool
04-02 02:13 PM
They ask for entire requested period. Send everything you have + my lawyer wrote a letter specifying that this client is where I will be for next 3 yrs. and contract is always extended every 6 months. (This part was not specifically mentioend anywhere.)
We also had 3 other offers from local fortune 500 co. One of them even had open ended contract with no end-date so
that may have helped
If you are working for past 3 yrs. that is a VERY sTRONG case. send all the contracts for past 3 yrs.
They want to make sure it's a genuine high-tech employment.
Zcool,
I applied for my H-1B extension and got an RFE asking for contracts and client letters for the requested period i.e., for the next 3 years.
I see that they asked for client letters from you ... but did they ask for the next 3 years? and if so, did you guys reply the RFE with a client for 3 years?
I have been working at the same client for the last 3 years, through a vendor. Mine is a small consulting company. The client has been extending the contract in 6 month increments and I could get a client letter for the next 6 months only.
Same is the case with the contract.
I could not file for 140/485 in july, 07.. so do not have the EAD safety net.
Please advise.
Thank you.
We also had 3 other offers from local fortune 500 co. One of them even had open ended contract with no end-date so
that may have helped
If you are working for past 3 yrs. that is a VERY sTRONG case. send all the contracts for past 3 yrs.
They want to make sure it's a genuine high-tech employment.
Zcool,
I applied for my H-1B extension and got an RFE asking for contracts and client letters for the requested period i.e., for the next 3 years.
I see that they asked for client letters from you ... but did they ask for the next 3 years? and if so, did you guys reply the RFE with a client for 3 years?
I have been working at the same client for the last 3 years, through a vendor. Mine is a small consulting company. The client has been extending the contract in 6 month increments and I could get a client letter for the next 6 months only.
Same is the case with the contract.
I could not file for 140/485 in july, 07.. so do not have the EAD safety net.
Please advise.
Thank you.
mhtanim
09-25 04:11 PM
In our case got EAD directly, but AP went to Lawyer.
I guess only god knows how USCIS works!
I guess only god knows how USCIS works!
wandmaker
12-04 01:02 AM
delhirocks:
a) I140 is aproved: 3 year extension
b) I140 filed but pending: 1 year extension, co-worker of mine has requested for 3 year extension after filing 140; his h1 got approved for 3 years.
a) I140 is aproved: 3 year extension
b) I140 filed but pending: 1 year extension, co-worker of mine has requested for 3 year extension after filing 140; his h1 got approved for 3 years.
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