theOne
05-08 11:56 PM
Are you sure you can open a business on H1B ?
Thank you,
theOne
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Donated ~$300 via paypal
Will someone please respond ?
Thank you.
Thank you,
theOne
--------------------
Donated ~$300 via paypal
Will someone please respond ?
Thank you.
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simple1
05-01 12:00 PM
gc_on_demand ,
I am not anti at all. I am trying to understand the law.
How does a (I485) spouse doesnt have EAD and AP on hand (even if not using it and in H4/L2 etc)?
Wont they have problem when the dates become current and GC is issued to primary.
I am not anti at all. I am trying to understand the law.
How does a (I485) spouse doesnt have EAD and AP on hand (even if not using it and in H4/L2 etc)?
Wont they have problem when the dates become current and GC is issued to primary.
sethurama
06-13 11:33 PM
My 485 applications reached NSC on June 4th, 2007. I have called my attorney. They haven't received anything so far. I need to wait for few more days./
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sanjay
03-15 10:07 PM
My friend suggested this forum. Looks to be very good site and seems to be active. I am EB# from India.
Can you tell me why EB3 is lagging so much
Can you tell me why EB3 is lagging so much
I hope I had got answer to this question ? I am still searching and been doing for last 2 1/2 years from the time I joined IV.
Can you tell me why EB3 is lagging so much
Can you tell me why EB3 is lagging so much
I hope I had got answer to this question ? I am still searching and been doing for last 2 1/2 years from the time I joined IV.
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PD_Dec2002
06-22 03:51 PM
Giving Pay stubs instead of FUTURE employment letter ?
That may be a RFE and then eventually you have to give that letter and do more bargaining with your employer...
I am clarifying myself again. I did not mean to suggest that pay stubs can be used in lieu of FUTURE employment letter.
In any case, why not change your employer after 6 months of filing for your I-485. From the way they are treating you, you should be the first one to invoke AC21.
I don't think you will get a RFE within 6 months, but of course you never know. But if we assume normal processing times, I am sure your new employer would give you a letter. However, do consult with an attorney before changing jobs to make sure the job is "same" or "similar".
Thanks.
Jayant
That may be a RFE and then eventually you have to give that letter and do more bargaining with your employer...
I am clarifying myself again. I did not mean to suggest that pay stubs can be used in lieu of FUTURE employment letter.
In any case, why not change your employer after 6 months of filing for your I-485. From the way they are treating you, you should be the first one to invoke AC21.
I don't think you will get a RFE within 6 months, but of course you never know. But if we assume normal processing times, I am sure your new employer would give you a letter. However, do consult with an attorney before changing jobs to make sure the job is "same" or "similar".
Thanks.
Jayant
gcbikari
04-30 01:38 PM
Any realistic numbers how many EB3 India pending cases are there with PDs in each of 2001, 2002, 2003, 2004 ...
Anyone know any links, USCIS keeps on posting some data all the time.
I can tell you there are roughly 100,000 labor applications filed (50,000 EB3) between Aug 2003 and Dec 2003 for EB India category. The reason was everybody wanted to clear thru regular process before PERM takes over. Those Labors filed after Aug 2003 and before PERM started are moved into backlog and are fully cleary last 4 th quarter. And so 90% of those EB3s may be still there (45,000) hanging. EB2s could have been cleared substantially till Dec 2003. It is all my guess work and not sceintific or factual.
Anyone know any links, USCIS keeps on posting some data all the time.
I can tell you there are roughly 100,000 labor applications filed (50,000 EB3) between Aug 2003 and Dec 2003 for EB India category. The reason was everybody wanted to clear thru regular process before PERM takes over. Those Labors filed after Aug 2003 and before PERM started are moved into backlog and are fully cleary last 4 th quarter. And so 90% of those EB3s may be still there (45,000) hanging. EB2s could have been cleared substantially till Dec 2003. It is all my guess work and not sceintific or factual.
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redsox2009
11-17 04:09 PM
If Dream act becomes law, I will throw my visa documents and register my self as undocumented alien with undocumented birth certificate and get degree from a community college and get the visa.:D
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GCmuddu_H1BVaddu
08-29 08:42 PM
so called active member!!!!!!. Did u wake up after your PD is current and looking for suggestions??? ha. One of those hippocratic persons.
I am talking to you l
I am talking to you l
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aquarianf
04-24 11:29 AM
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
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immigrationmatters30
11-17 06:30 PM
Done
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anilsal
12-11 10:57 PM
What about folks who say - "I will accept anything when it happens".
They will accept that the laws can change when they change.
They will accept that the laws can change when they change.
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manderson
11-01 04:01 PM
what happens if one changes job after 180 days but the I-140 has not been approved?
cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.
cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.
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gc_chahiye
12-16 05:45 PM
One more AC21 question -
Does the original I 140 stays with the employer or employee? Any other document that I need to get from my employer before switching?
Thanks,
If you cant get a copy of everything (if you ask the attorney directly you should be able ot get a copy of the complete filing) try to get:
- copy of LC or atleast the section that describes the skills
- copy of employment verification letter which describes skills
original I-140 typically stays with employer. trhey might give youa copy of the approval notice...
Does the original I 140 stays with the employer or employee? Any other document that I need to get from my employer before switching?
Thanks,
If you cant get a copy of everything (if you ask the attorney directly you should be able ot get a copy of the complete filing) try to get:
- copy of LC or atleast the section that describes the skills
- copy of employment verification letter which describes skills
original I-140 typically stays with employer. trhey might give youa copy of the approval notice...
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JunRN
09-05 05:43 PM
Anybody from August filers who got his/her Receipts already?
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sankap
07-12 06:27 PM
...he may just approve even if you show the self employment will be in future (for future job requirement for GC), and he may agree for your "projected income".
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
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Be_Pragmatic
08-06 11:11 PM
My Wife's & my AP expires on 11/16/2008 and she is coming back to the States from India on Sep 9th 2008, I'm assuming her I94 would be only issued till 11/16/2008. We are then planning to apply for EAD/AP renewal , that is, after Sep 9th 2008 and my question is what is she doesn't get her renewed AP approved before 11/16/2007 (which again I'm assuming would be the date on I94 valifity) and would that make her out of status? I hope this helps
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gbof
09-09 09:13 PM
Oct09 VB is awafully disgusting for my EB3 friends. Call of the day -- try out all possible options to improve your chances (EB2, if after so many years you qualify) and INTENSE lobby efforts for recapture by roping in all friendly employers and congressmen. Running away will not improve the lot.......
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grupak
08-08 10:06 PM
GCCovet/Mahujam,
- How did you find out about the LUD?
- What is soft LUD vs. hard ?
- what are possible reasons of an LUD ?
Thanks in advance!
Go to uscis.gov, click on the "case status online" link on the left, then click on the "register" link on the left. Then follow instructions ...
Once you have created a "portfolio" with the SRC/EAD numbers... there will be atable with LUD dates. Soft LUD is just a LUD without any change in status message. Hard LUD is when there is an actual update in status.
- How did you find out about the LUD?
- What is soft LUD vs. hard ?
- what are possible reasons of an LUD ?
Thanks in advance!
Go to uscis.gov, click on the "case status online" link on the left, then click on the "register" link on the left. Then follow instructions ...
Once you have created a "portfolio" with the SRC/EAD numbers... there will be atable with LUD dates. Soft LUD is just a LUD without any change in status message. Hard LUD is when there is an actual update in status.
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rock945
06-11 10:52 PM
I mailed mine on May 25 and up to now I haven't gotten anything yet. My lawyer mailed it to NSC and since my I-140 is pending with the TSC, my lawyer said they will just forward it there. It's taking too long. Anybody in the same boat as I am?
I was under the impression that you cannot file before June 1st..
I was under the impression that you cannot file before June 1st..
hotammo
08-26 09:02 AM
Hi All,
I got mine and my wife green cards on 21st august, Thursday.
Our case was approved on August 12th.
According to the trend I have seen it takes about 1.5 weeks to get your greencard in hand from the day you get the card production email.
Went to the Social Security office on 22nd. (I had actually calculated the day when I would get the cards looking at the trend on IV, so I had planned for it.)
The moment they see the GC (with a replacement card application of course) they know what to do. I think they do it very frequently.
Should get the new Social Security cards (which do NOT have a line at the top that says DHS authorization required to work), in a week or so.
Also I got I-131 DENIED email 2 days after my 485 was approved (I had applied for renewal). Yesterday got the letter form USCIS in the mail for the denial of I-131.
I got mine and my wife green cards on 21st august, Thursday.
Our case was approved on August 12th.
According to the trend I have seen it takes about 1.5 weeks to get your greencard in hand from the day you get the card production email.
Went to the Social Security office on 22nd. (I had actually calculated the day when I would get the cards looking at the trend on IV, so I had planned for it.)
The moment they see the GC (with a replacement card application of course) they know what to do. I think they do it very frequently.
Should get the new Social Security cards (which do NOT have a line at the top that says DHS authorization required to work), in a week or so.
Also I got I-131 DENIED email 2 days after my 485 was approved (I had applied for renewal). Yesterday got the letter form USCIS in the mail for the denial of I-131.
GumI485
07-03 01:44 PM
I would sent some cactus if there were options to do that.:D
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