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sparklinks
09-14 07:14 PM
Hello and Thanks for the Services... My question is.... My wife got H1 until 2010(Visa on PP too) but she is working for different Employer on EAD. Now she wants to travel to India and come back on H1, is this possible? We applied of AP, but I don't think so it will come before Nov 15th.. please advice. Thanks !!
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chanduv23
02-13 06:32 PM
friends,
you have 29 people in favor.
great! each one needs to put their time and money where their mouths (mouses) are.
i suggest: take up a collection, then go get top notch legal opinion.
until you do this, no point going forward, this is going to be a very
important step.
c'mon folks step up...get a collection plate out and open your pockets.
If we reach a critical mass of 50 people - "genuine" people - then it is a good start - the first step can be to look for the best lawyer for this kind of issue. This need not be an immigration lawyer if I am not wrong.
A main team of 5 people can lead this and form a mailing list to include the interest parties.
you have 29 people in favor.
great! each one needs to put their time and money where their mouths (mouses) are.
i suggest: take up a collection, then go get top notch legal opinion.
until you do this, no point going forward, this is going to be a very
important step.
c'mon folks step up...get a collection plate out and open your pockets.
If we reach a critical mass of 50 people - "genuine" people - then it is a good start - the first step can be to look for the best lawyer for this kind of issue. This need not be an immigration lawyer if I am not wrong.
A main team of 5 people can lead this and form a mailing list to include the interest parties.
syzygy
07-12 04:57 PM
And also add the amount we are paying on regular basis to law firms to talking to their para legals, mental stress and percentage what contracting companies with hold along with amount we are losing because we are not in stable situation to invest in things like real estate.
I always has that question what is the real difference, hear people sayinig more taxes less salary and all that but don't know the actual difference yet.
Will appreciate if someone can shed more light or post a link.
I always has that question what is the real difference, hear people sayinig more taxes less salary and all that but don't know the actual difference yet.
Will appreciate if someone can shed more light or post a link.
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neil.0505
08-07 11:53 AM
Details:
*Company A has filled for my H1B Cancellation on June 20 but have visa stamped (valid till 2010).
* Company B has filed for my H1B Transfer.(Have upgraded to Premium processing)
* Have to enter canada on/before 4th Sept to validate canadian PR (will have to go to canada only for few days).
Q: Can I re-enter in the US from on a VISA(Valid till 2010) from company A + Approved I-797 from company B?
Your help will be appreciated!
Thanks
Neil
*Company A has filled for my H1B Cancellation on June 20 but have visa stamped (valid till 2010).
* Company B has filed for my H1B Transfer.(Have upgraded to Premium processing)
* Have to enter canada on/before 4th Sept to validate canadian PR (will have to go to canada only for few days).
Q: Can I re-enter in the US from on a VISA(Valid till 2010) from company A + Approved I-797 from company B?
Your help will be appreciated!
Thanks
Neil
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logiclife
06-28 04:29 PM
So, what did your lawyer say? Would sure love to know, once you hear back.
Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
kuhelica2000
02-12 05:58 PM
Quota means a guaranteed number of visa for a country. For example if there is a 3% quota for monorities in college admissions, it guarentees 3% will go to minorities. There is no such quota for green card; only maximum limit a country can use. Even with this limit India captures more visas then any of the ROW countries.
Getting rid of quotas will help. We will not be in a situation where
- EB2 is current for ROW and unavailable for India.
- EB3 is in year 2005 for ROW and stuck in 2001 for India
Adding more visas is a legislative process. Applying per country quota is as
per DOL�s discretion.
Getting rid of quotas will help. We will not be in a situation where
- EB2 is current for ROW and unavailable for India.
- EB3 is in year 2005 for ROW and stuck in 2001 for India
Adding more visas is a legislative process. Applying per country quota is as
per DOL�s discretion.
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gc28262
08-17 10:45 AM
IMO all this frisking and questioning at POE is nonsense. If SRK or anybody( including L1/H1/B1) was a security threat or matched a name check query, consulate should have done 2 hours of questioning before issuing the visa.
Why should a person considered a security threat be issued a visa let alone board the flight to USA ? Isn't he a security threat while he is flying ?
This is all ineffective/illogical bureaucracy at play.
Why should a person considered a security threat be issued a visa let alone board the flight to USA ? Isn't he a security threat while he is flying ?
This is all ineffective/illogical bureaucracy at play.
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rajsenthil
05-02 01:33 PM
If there's ethnic cleansing or genocide happening in sri lanka how come tamils lead prosperous lives in other parts of the country?
I do not understand what do you mean by this? Can you explain it?
I do not understand what do you mean by this? Can you explain it?
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thomachan72
01-14 08:52 AM
Is AILA doing anything about it? Do they need IV member support? How do we make it clear to the USCIS and Govt that targetting H1b and the free will of the employer to hire H1b is PURE SOCIALISM and anti-capitalism. It is a sure way of destroying the capitalistic engine that is keeping the US ahead. Is US becoming a restrictive economy like China? China is moving slowly but surely out of its old ways and becoming more and more open to capitalistic policies and we are finding the US slipping slowly but surely into protectionism and more socialistic principles.
How can you protect jobs here by taking away the job of another person??
The person was hired in the first place due to a lot of economic reasons that only a capitalist would know/understand. Simply by snatching the job away from one person and attempting to give to another WILL NOT HELP.
This reactive response to unemployment will destroy whatever industry is left here. Even research is now being outsourced. Biotech/research triangles are springing up in china and India and elsewhere. Major US universities are now collaborating or setting up independent shops in India and china. Ofcourse Japan and europe is not at all behind. Where is the US left now? CRYING CRYING ABOUT H1B VISAS???? IS IMMIGRATION IS REAL CAUSE OF UNEMPLOYMENT HERE???????
FINALLY ONE THING I HAVE REALIZED "WHAT IS DESTINED TO HAPPEN WILL HAPPEN".
How can you protect jobs here by taking away the job of another person??
The person was hired in the first place due to a lot of economic reasons that only a capitalist would know/understand. Simply by snatching the job away from one person and attempting to give to another WILL NOT HELP.
This reactive response to unemployment will destroy whatever industry is left here. Even research is now being outsourced. Biotech/research triangles are springing up in china and India and elsewhere. Major US universities are now collaborating or setting up independent shops in India and china. Ofcourse Japan and europe is not at all behind. Where is the US left now? CRYING CRYING ABOUT H1B VISAS???? IS IMMIGRATION IS REAL CAUSE OF UNEMPLOYMENT HERE???????
FINALLY ONE THING I HAVE REALIZED "WHAT IS DESTINED TO HAPPEN WILL HAPPEN".
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hebbar77
09-04 03:36 PM
I second your thoughts...do we have the muscle and money power to take on those gundas. If no, we can not do anything. If yes, you become another group of gundas...
Like collecting money to lobby for GC we can accumalate money for Political party as well. I can tell you every Indian would contribute to such endeavor.
Like collecting money to lobby for GC we can accumalate money for Political party as well. I can tell you every Indian would contribute to such endeavor.
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BharatPremi
10-25 04:45 PM
what is definition of "canadian business".
Ans: The company originally set up in any province in canada.
- May have business interest/setup in other countries in terms of
branch/subcidiary or partnership with other compny in otehr country.
can we extrpoltae your suggestion little bit more or is it asking for
too much
1. once you have PR ask your wife to open a company A.
2. As a employee of company A you can come over to USA while maintainig your PR status. You should still be considered to be covered under candian business wanting the employee to work on international projects..
can this theory fly...all this assuming no EAD filling in near future
Ans: Keys: 1) companies MUST be set in both canada and US
2) For investing you need not to be resident. This is true for both
US and Canada.
3) For filing GC you MUST be an employee. IF you are investor
you can not file GC under your company
4) US GC is very lengthy process. How you can make sure your
employment for around 7 to 8 years? So considering this and point 3, convince your wife to set the business both in Canada nad USA.
- Since you can not become investor to achieve US GC ( Considering to apply through Employment category .. which is cheap cost option), make
your wife a boss and let her run business. You become an employee in Company A (Canada)set by her. Tell her to set company B in US. Tell her to find the project in US. Let her tell the client (USA) to go into contract with company B. Company B's owner (Your wife) will make a contract with Company A ( Here also your wife is an owner) for the position at that client. Being an employee of company A ("Canadian Business") your employer (your wife) will put a TN visa request to the consulate showing USA's client (comany B) business need. Upon approval you fly to USA (Now your wife is your family so wife will also fly with you) for starting a job. You will be considered "Physical Resident" of Canada as "Canadian Business" sent you to USA for business need. Now after some time tell Company B ( Owner: Your Wife)to file US GC application for "Future Employment". As long as you keep getting valid project work in USA, now you will be in a position to stop counting years of GC process. You will be able to maintain Canadian PR , can become Canadian citizen after 3 years and wait for US GC coolly. Ofcourse every year TN will have to be renewed.
Possible flaws in theory: 1) Double taxes (In Canada nad US) ( Will require some research and good advise from Tax expert from both in Canada and US)
2) May affect TN renewals adversely !!? ( No idea.. suggestions welcome).
To me this way of thinking seems to be perfectly legal.. But I think we should better ask some good professinal lawyers who are experts for both Canadian and US immigration.
Ans: The company originally set up in any province in canada.
- May have business interest/setup in other countries in terms of
branch/subcidiary or partnership with other compny in otehr country.
can we extrpoltae your suggestion little bit more or is it asking for
too much
1. once you have PR ask your wife to open a company A.
2. As a employee of company A you can come over to USA while maintainig your PR status. You should still be considered to be covered under candian business wanting the employee to work on international projects..
can this theory fly...all this assuming no EAD filling in near future
Ans: Keys: 1) companies MUST be set in both canada and US
2) For investing you need not to be resident. This is true for both
US and Canada.
3) For filing GC you MUST be an employee. IF you are investor
you can not file GC under your company
4) US GC is very lengthy process. How you can make sure your
employment for around 7 to 8 years? So considering this and point 3, convince your wife to set the business both in Canada nad USA.
- Since you can not become investor to achieve US GC ( Considering to apply through Employment category .. which is cheap cost option), make
your wife a boss and let her run business. You become an employee in Company A (Canada)set by her. Tell her to set company B in US. Tell her to find the project in US. Let her tell the client (USA) to go into contract with company B. Company B's owner (Your wife) will make a contract with Company A ( Here also your wife is an owner) for the position at that client. Being an employee of company A ("Canadian Business") your employer (your wife) will put a TN visa request to the consulate showing USA's client (comany B) business need. Upon approval you fly to USA (Now your wife is your family so wife will also fly with you) for starting a job. You will be considered "Physical Resident" of Canada as "Canadian Business" sent you to USA for business need. Now after some time tell Company B ( Owner: Your Wife)to file US GC application for "Future Employment". As long as you keep getting valid project work in USA, now you will be in a position to stop counting years of GC process. You will be able to maintain Canadian PR , can become Canadian citizen after 3 years and wait for US GC coolly. Ofcourse every year TN will have to be renewed.
Possible flaws in theory: 1) Double taxes (In Canada nad US) ( Will require some research and good advise from Tax expert from both in Canada and US)
2) May affect TN renewals adversely !!? ( No idea.. suggestions welcome).
To me this way of thinking seems to be perfectly legal.. But I think we should better ask some good professinal lawyers who are experts for both Canadian and US immigration.
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senthil1
03-16 01:24 PM
It depends on INS. If they notice the overlap between study and experience and they can send RFE. If you send explanation to RFE then it is upto INS to accept or reject. If thy doo not notice then no problem.Some people in INS have some idea about fake experience certificates in India. It is easy to get experience certificate even if you do not work. You can get idea by analysing similar situation.
QUOTE=Subst_labor]i am not paying anything, its a decent company from NJ. the only thing i am concerned about is that this experience was when i was IN college and it was a really small company (part time thing..)[/QUOTE]
QUOTE=Subst_labor]i am not paying anything, its a decent company from NJ. the only thing i am concerned about is that this experience was when i was IN college and it was a really small company (part time thing..)[/QUOTE]
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richana
07-30 12:02 PM
Why are the idiots in here hating on me, sending me pm's and giving me red, it was con(sensual)....lol. You can hate on me but I got it and yes the wine was a very nice 2004 cask cab sauv
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smuggymba
07-27 11:33 AM
What has EB5 to do with amway?
Did I mention I'm making millions? Obviously on the way, but atleast I have something to fall back to if I loose my job. Do you?
As someone else mentioned on this forum, it is illegal to earn while on H1-B from sources other than your employer.
Did I mention I'm making millions? Obviously on the way, but atleast I have something to fall back to if I loose my job. Do you?
As someone else mentioned on this forum, it is illegal to earn while on H1-B from sources other than your employer.
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ssharma
07-06 01:17 AM
Is there certain minimum numbers of days one has to stay with the sponsoring company after getting the Green Card.
In my case I have been working with my current employer since Sept-2001 (almost 7 years).
Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.
I was in the middle of using AC21 just before my GC got approved, hence this urgency.
In my case I have been working with my current employer since Sept-2001 (almost 7 years).
Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.
I was in the middle of using AC21 just before my GC got approved, hence this urgency.
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Macaca
06-28 08:04 PM
Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".
I have been asking this question for the past 1 year. I was always told that USCIS can not retrogress mid-month.
My guess is that USCIS told the lawyers that they will not retrogress mid month. Now USCIS is flip-flopping. That is why AILA wants to sue USCIS which probably means nothing: USCIS has lot of lawsuits!
I have been asking this question for the past 1 year. I was always told that USCIS can not retrogress mid-month.
My guess is that USCIS told the lawyers that they will not retrogress mid month. Now USCIS is flip-flopping. That is why AILA wants to sue USCIS which probably means nothing: USCIS has lot of lawsuits!
more...
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mbawa2574
02-15 04:03 PM
u r missing my point..
Again you are saying it's a SKILL cap. We can agree business may hire whoever they please but don't pretend that they only hire based on SKILL..
when someone says let business hire the "best and brightest", that's my problem, he implies the best and brightest are concentrated in only two countries so that's what's insane, that's why he won't be taken seriously.
cheers.
Who is preventing people of ROW for applying H1b or Green card EB ? Employers look for availability of talent not for country of origin and anyone who competes in the global market wins. If ROW countries have less people with marketable skills or less people who want to work outside their countries,it is not the problem of Chinese or Indians. There is no logic with Employers being forced to wait for visa numbers to comply with diversity. There should be a FIFO system without any country of birth barriers. USCIS wastes more annual visa numbers due to these country caps. Lets make these guys fine tune this immigration system which is actually against the free market capitalist principles of this country.
Again you are saying it's a SKILL cap. We can agree business may hire whoever they please but don't pretend that they only hire based on SKILL..
when someone says let business hire the "best and brightest", that's my problem, he implies the best and brightest are concentrated in only two countries so that's what's insane, that's why he won't be taken seriously.
cheers.
Who is preventing people of ROW for applying H1b or Green card EB ? Employers look for availability of talent not for country of origin and anyone who competes in the global market wins. If ROW countries have less people with marketable skills or less people who want to work outside their countries,it is not the problem of Chinese or Indians. There is no logic with Employers being forced to wait for visa numbers to comply with diversity. There should be a FIFO system without any country of birth barriers. USCIS wastes more annual visa numbers due to these country caps. Lets make these guys fine tune this immigration system which is actually against the free market capitalist principles of this country.
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desi3933
06-15 12:40 PM
I believe in luck in the GC process. Before 2005 PERM process, many folks applied in states where Labor was fast. They were able to get greencards within a couple of years while others were stuck in Labor Backlog centers (http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50). Some cleared all hurdles and got stuck in namechecks for years. Until 2007 Namecheck was a big scare. (http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61)
Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.
So definitely luck pays its role.
I agree that luck plays a major role.
Just last year, there were many GC approvals for PD of 2006. For them, start-to-end GC process was just 2 years. Now someone with EB2 2006, the scenario does not look that promising.
______________________
US citizen of Indian origin
Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.
So definitely luck pays its role.
I agree that luck plays a major role.
Just last year, there were many GC approvals for PD of 2006. For them, start-to-end GC process was just 2 years. Now someone with EB2 2006, the scenario does not look that promising.
______________________
US citizen of Indian origin
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pd_recapturing
03-14 09:37 AM
I heard that if you apply on your own and move out of US, it becomes very difficult to let the Can immigration authority about your current location and keep track of all the correspondence with them. But, the agency/lawyer does this thing very efficiantly. Any opinion on this ?
HOPE_GC_SOON
07-17 12:44 PM
Hi Kshitijnt,
If it doesnot mattter: May I know, what was the problem found in your labor.. Is it due to Acquisition, or because of your Educational/ occupational postiion.
Can you share some info.. Just for awareness.
Thanks,
For short term yes. Long term No.
If there is a surge of ROW applicants. India & China applicants are at severe disadvantage.
If it doesnot mattter: May I know, what was the problem found in your labor.. Is it due to Acquisition, or because of your Educational/ occupational postiion.
Can you share some info.. Just for awareness.
Thanks,
For short term yes. Long term No.
If there is a surge of ROW applicants. India & China applicants are at severe disadvantage.
santb1975
02-13 03:06 PM
I support having ongoing discussions with USCIS and having an amicable relationship with them. We should work hard to make the letter campaign successful. We have 30000 members but less than 2000 letters so far. While some volunteers are working tirelessly to make the letter campaign successful some do not want to take part in it at all because the Template's we have out there are asking for their Name, Address and Telephone Number. it is not a joke to mail out a letter to the president on which the signature of the person is not comprehendable and there is no Full Name, Adress and Telephone number. I spent hours last weekend answering people's questions about letter campaign but all I get in return is recommendations on what else I can do. There were no letters after all that. I totally support Walking_Dude on this.
Raising 30K in 7 days was possible. it was made possible by 300 members. I still remember having a conversation with a gentleman at a mela (US Citizen and a white american) who said funds should not be a problem for you guys. You have 25,000 members and you all make good money. On any day you can all contribute 10$ and raise 250k. I wish. That will be my dream come true. I am one of those volunteers who worked very tirelessly to make 30k happen in 7 days. it is fun to be an active IV volunteer. I know a few people in our Local Chapter who spend their money for local chapter activities in addition to their monthly contributions. We have less than 10 members in our chapter who do that. I can totally understand when they tell me sometimes that have been spending a lot of their own money and taking the lead this for an year and half and are getting burned and want to take a step back now since we do not have new people stepping forward to help. Atleast they promised to take part in action items for sure.
I apologize for my venting today
Raising 30K in 7 days was possible. it was made possible by 300 members. I still remember having a conversation with a gentleman at a mela (US Citizen and a white american) who said funds should not be a problem for you guys. You have 25,000 members and you all make good money. On any day you can all contribute 10$ and raise 250k. I wish. That will be my dream come true. I am one of those volunteers who worked very tirelessly to make 30k happen in 7 days. it is fun to be an active IV volunteer. I know a few people in our Local Chapter who spend their money for local chapter activities in addition to their monthly contributions. We have less than 10 members in our chapter who do that. I can totally understand when they tell me sometimes that have been spending a lot of their own money and taking the lead this for an year and half and are getting burned and want to take a step back now since we do not have new people stepping forward to help. Atleast they promised to take part in action items for sure.
I apologize for my venting today
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