belmontboy
11-16 10:27 PM
IV gurus Please help.
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
Nope. That is not true. Either the company/lawyer is screwing your friend!
You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.
Hope this helps.
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
Nope. That is not true. Either the company/lawyer is screwing your friend!
You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.
Hope this helps.
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Ann Ruben
02-23 01:51 PM
Paul,
You and your wife can simultaneously file an I-130 immigrant petition and I-485 application to adjust your status to permanent resident along with an application for employment authorization. To properly assemble and document these filings--including the affidavit of support---can be tricky. My best advice is for you to retain the services of an experienced local immigration lawyer to represent you through the process.
You and your wife can simultaneously file an I-130 immigrant petition and I-485 application to adjust your status to permanent resident along with an application for employment authorization. To properly assemble and document these filings--including the affidavit of support---can be tricky. My best advice is for you to retain the services of an experienced local immigration lawyer to represent you through the process.
mahujam
09-26 12:31 PM
Hi All,
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
My date was june 19th.
I got approval emails yesterday.
Yet to see the card.
Give it a few more days.
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
My date was june 19th.
I got approval emails yesterday.
Yet to see the card.
Give it a few more days.
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Maverick_2008
07-20 04:23 AM
Stayed in the US for a dozen years, got my masters, worked at a Fortune 10 company for several years, finished my 40 social security credits, always thought about coming back home (India), did actually come back to India 1.5+ years ago, left all uncertainties about the US immigration process behind, accepted a good job (big fish, not-so-small pond in my hometown) and accepted India as it is.
So, for those who have been waiting patiently for their papers and want to settle in the US, all the very best.
For those, who want to come back to India to their friends and family, India *is* still !ncredible.
Maverick_08
So, for those who have been waiting patiently for their papers and want to settle in the US, all the very best.
For those, who want to come back to India to their friends and family, India *is* still !ncredible.
Maverick_08
more...
mrajatish
04-17 03:41 PM
Agree with you - my wife's PERM approval got lost in mail and she had to apply for 140 with an electronic copy as DOL will not issue a new approval notice.
Mine, of course is languishing in BEC.
The inefficiency of DOL is really incomparable - they are much worse than USCIS.
Mine, of course is languishing in BEC.
The inefficiency of DOL is really incomparable - they are much worse than USCIS.
antihero
11-27 12:36 AM
If we have an AP, then do we still require a transit visa?
I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.
I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.
more...
GCEB2
09-20 09:01 PM
Hi... Can any one tell me which are the afforable places in California to buy home. It can be town home or single family homes, Bet 300k to 400k.
2010 GLaDOS
like_watching_paint_dry
09-07 09:59 AM
I'm not sure how much help this would be. But I've noticed in the past that companies in India like Wipro et al apply for H1/L1 for their employees and keep the H1 around. And when the need arises, they send them over on short term work assignments (anywhere from 1 - 18 months).
Ideally for the purpose of meetings etc, they should be using the B visa, especially when they have not sponsored an immigrant petition. But in your case, you have an immigrant intent so I guess a H or L is the way to go. Please consult an attorney as I have no idea about what implications your Canadian pay setup will have over the 'pay prevailing wages during H1B presence' issue.
I dont know much about L1 but yours seems perfectly suited for an L1 and I believe L1 can have immigrant intent too. Any reason you cant go on to L1?
Ideally for the purpose of meetings etc, they should be using the B visa, especially when they have not sponsored an immigrant petition. But in your case, you have an immigrant intent so I guess a H or L is the way to go. Please consult an attorney as I have no idea about what implications your Canadian pay setup will have over the 'pay prevailing wages during H1B presence' issue.
I dont know much about L1 but yours seems perfectly suited for an L1 and I believe L1 can have immigrant intent too. Any reason you cant go on to L1?
more...
snathan
09-29 09:21 AM
We have taken indian jewellary with us when we travelled to India. I dont think it is a problem and you dont have to declare it in customs. I think if you are carrying cold in the form on coins or bars, you will have to pay customs. I dont remember but it says in the customs form that personal jewellary need not be mentioned. I would check the india's customs website.
I never knew this....:D
I never knew this....:D
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antonyabraham
04-20 04:32 PM
I am also going to India and will be attending appearing for interview at Chennai consulate. I wanted to use AP, but I-140 which was filed on Feb 2007 at NSC is still pending.
Indian consulates do not check the details in PIMS in advance, unlike some consulates in Mexico and Canada. I have written to Chennai consulate and they said they wouldn�t verify my information until I appear for interview in person. I wonder why different consulates have different policies.
But according to murthy.com, PIMS system is more comprehensive now and should have more people in it (as communicated by USCIS to ALIA)
http://www.murthy.com/news/n_nivpim.html
Indian consulates do not check the details in PIMS in advance, unlike some consulates in Mexico and Canada. I have written to Chennai consulate and they said they wouldn�t verify my information until I appear for interview in person. I wonder why different consulates have different policies.
But according to murthy.com, PIMS system is more comprehensive now and should have more people in it (as communicated by USCIS to ALIA)
http://www.murthy.com/news/n_nivpim.html
more...
vnsriv
10-26 03:36 PM
I am also one of those, who received the EAD while the online case status reads as "Case Received and Pending"
Wish that's true for my spouse's GC :)
Wish that's true for my spouse's GC :)
hot myself in that environment
sanju
11-25 10:03 PM
i doubt they'll take it on in Spring, with little to no chance of economy recovering by that time (or that whole year) passing an immigration bill will see a major backlash from everyone.
Good intentions but doubt if it will happen
Is it not possible that Immigration reform is part of the economic reform. Say there are 15 million undocumented workers in US. Because they are undocumented over 99% don't pay taxes. On average if each undocumented pays $10,000/year taxes, it comes to additional revenue of $150 billion every year. This may not be enough to cover the cost of economic recovery, but it is still a substantial amount. Likewise, EB green cards could potentially bring in potential real estate buyers, which would help to bring back the economy.
The point is, immigration bill could be part of the economic agenda to revive the economy.
.
Good intentions but doubt if it will happen
Is it not possible that Immigration reform is part of the economic reform. Say there are 15 million undocumented workers in US. Because they are undocumented over 99% don't pay taxes. On average if each undocumented pays $10,000/year taxes, it comes to additional revenue of $150 billion every year. This may not be enough to cover the cost of economic recovery, but it is still a substantial amount. Likewise, EB green cards could potentially bring in potential real estate buyers, which would help to bring back the economy.
The point is, immigration bill could be part of the economic agenda to revive the economy.
.
more...
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sanju_dba
03-21 07:59 AM
Dear OP,
Congratulations!
read here MurthyDotCom : Marriage and I-485 Issues (http://www.murthy.com/news/UDmar485.html)
It might help exploring your issue.
Congratulations!
read here MurthyDotCom : Marriage and I-485 Issues (http://www.murthy.com/news/UDmar485.html)
It might help exploring your issue.
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samuel5028
04-05 05:35 AM
If its illegal, then you have to consult an attrony.
more...
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jr8rdt
01-07 02:51 PM
casinoroyale - can you clarify, you are contradicting yourself.
your first email says: I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP.
your second email says:
Ok, after using AP there are two ways in order to reinstate H1B status.
1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.
-can or can't we use H1 after using AP.
-what do you mean by "to reinstate H1 by applying H1b extension after entering on AP". are you saying that though the H1 expiration is say 2010 but since one is using AP to enter now (2008) one should apply for extension right away?
your first email says: I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP.
your second email says:
Ok, after using AP there are two ways in order to reinstate H1B status.
1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.
-can or can't we use H1 after using AP.
-what do you mean by "to reinstate H1 by applying H1b extension after entering on AP". are you saying that though the H1 expiration is say 2010 but since one is using AP to enter now (2008) one should apply for extension right away?
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Leo07
12-03 04:44 PM
DREAM ACT is very much a moral issue. Doing the right thing for innocent kids, who had no say in their fate until this date. All must support DREAM with heart & soul.
While doing "Right" thing, we must be very careful to NOT penalize the people who are legally standing in line. These Legal immigrants and their kids who had already waited 10 years in line could become illegal any day.These kids who are here legally will need another DREAM act 2 or 3 years from now. ONLY RECAPTURE can save the "Right" thing from being the true Right or justice for ALL.
Why do we need Recapture more than DREAM ACT or with DREAM ACT?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
While doing "Right" thing, we must be very careful to NOT penalize the people who are legally standing in line. These Legal immigrants and their kids who had already waited 10 years in line could become illegal any day.These kids who are here legally will need another DREAM act 2 or 3 years from now. ONLY RECAPTURE can save the "Right" thing from being the true Right or justice for ALL.
Why do we need Recapture more than DREAM ACT or with DREAM ACT?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
more...
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raj7480
05-24 02:58 PM
I think Quinn Gillespie will also opine on that and IV can take it from there.
I have some exp doing this for my company. If you need any help...let me know.
I have some exp doing this for my company. If you need any help...let me know.
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BharatPremi
10-10 12:10 PM
Q: �You are a citizen of India. You came in USA on H1B visa in year 2000.
Your employer filed your Green Card under EB3 � NON RIR category. Down
the road your company filed the Green Card for your Pakistani colleague
in year 2005 and in year 2006 November you came to know that your
Pakistani colleague became permanent resident as his GC application
approved. Upon hearing this news you get frustrated. What do you think
why your Green card is not yet approved? What could be the reasons
behind this long delay?
A: Sorry to hear that your ancestors did not migrate to Pakistan in 1947. :)
For that mistake what your ancestors did,USCIS is making you to pay the
price for that as now you have decided to become permanent resident of
USA.
O.K. Humor asides.
First reason:
It could be discriminatory country based limit - USCIS has implemented country based quota for India, Philippines, Mexico and China and each of this country has cap 7 % of total EB based applications
(Recommended top limit is 140000 visa applications worldwide).
Second reason:
In my opinion it could be as reported by various media that during first quarter of 2001 lot of unfair/ghost/bogus filing was done by many people under EB3and EB2 categories to take the advantage of AC21 law and so USCIS tightened the screws on processing method and make it a slow bleed strategy.
Third reason:
Somehow EB3 India category has to face heaviest retrogression historically from year 2001 to 2003 end and from start of 2005 with comparison to other EB categories for labor approval as well as for visa number allotment process.
Fourth reason:
USCIS's decision to convert existing labor process administration (which was of two fold: state level approval and region level approval) into centralized administration by creating backlog centers on the name of streamlining and faster conclusions. This decision could easily introduce at least average 6 to 7 months of delay and more sluggishness.
Fifth reason:
Pakistan being a part of "Rest of the world" your colleague did not have to face severe retrogressions as rest of the world category did not face the typical severe retrogressions like what EB3 China-India-Mexico had to face and as it is there are less applicants from rest of the world with comparison to China and India for EB categories, your colleague did not have to face lot of competetion and wait within his category.
Your employer filed your Green Card under EB3 � NON RIR category. Down
the road your company filed the Green Card for your Pakistani colleague
in year 2005 and in year 2006 November you came to know that your
Pakistani colleague became permanent resident as his GC application
approved. Upon hearing this news you get frustrated. What do you think
why your Green card is not yet approved? What could be the reasons
behind this long delay?
A: Sorry to hear that your ancestors did not migrate to Pakistan in 1947. :)
For that mistake what your ancestors did,USCIS is making you to pay the
price for that as now you have decided to become permanent resident of
USA.
O.K. Humor asides.
First reason:
It could be discriminatory country based limit - USCIS has implemented country based quota for India, Philippines, Mexico and China and each of this country has cap 7 % of total EB based applications
(Recommended top limit is 140000 visa applications worldwide).
Second reason:
In my opinion it could be as reported by various media that during first quarter of 2001 lot of unfair/ghost/bogus filing was done by many people under EB3and EB2 categories to take the advantage of AC21 law and so USCIS tightened the screws on processing method and make it a slow bleed strategy.
Third reason:
Somehow EB3 India category has to face heaviest retrogression historically from year 2001 to 2003 end and from start of 2005 with comparison to other EB categories for labor approval as well as for visa number allotment process.
Fourth reason:
USCIS's decision to convert existing labor process administration (which was of two fold: state level approval and region level approval) into centralized administration by creating backlog centers on the name of streamlining and faster conclusions. This decision could easily introduce at least average 6 to 7 months of delay and more sluggishness.
Fifth reason:
Pakistan being a part of "Rest of the world" your colleague did not have to face severe retrogressions as rest of the world category did not face the typical severe retrogressions like what EB3 China-India-Mexico had to face and as it is there are less applicants from rest of the world with comparison to China and India for EB categories, your colleague did not have to face lot of competetion and wait within his category.
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logiclife
10-26 04:35 PM
For people familiar with how databases work:
You have to realize that each page load means a query has to run to a table of 14,000 records (for 14,000 threads) in MySQL database on our limited capacity server and since you have to sort the rows on basis of most recent updates, you have to get all 14,000 rows of result set and then let database sort them in descending order.
The reason for messed up sort order is that the "recent forums posts" has been pointed to a separete table that has recent threads and that seperate table is populated every 1 or 2 minutes from entire table of threads. That's sometimes you update a thread and it takes a while for it to become most recent thread.
For some reason, and we dont know yet, our site has been over loaded. This used to happen during July bulletin and we did the same work around by pointing "recent forum posts" to a smaller table populated thru a stored procedure running every few minutes. Also, during the July bulletin, we upgraded the server processing capacity and doubled the memory. It may be time to upgrade again, or maybe its time for some tune-up with regards to creating an index on the table for threads.
For people not familiar with Databases:
The messed up sort order on "recent forum posts" is by intention an its a work around to avoid site crashes that we have been having due to reasons we dont know yet.
You have to realize that each page load means a query has to run to a table of 14,000 records (for 14,000 threads) in MySQL database on our limited capacity server and since you have to sort the rows on basis of most recent updates, you have to get all 14,000 rows of result set and then let database sort them in descending order.
The reason for messed up sort order is that the "recent forums posts" has been pointed to a separete table that has recent threads and that seperate table is populated every 1 or 2 minutes from entire table of threads. That's sometimes you update a thread and it takes a while for it to become most recent thread.
For some reason, and we dont know yet, our site has been over loaded. This used to happen during July bulletin and we did the same work around by pointing "recent forum posts" to a smaller table populated thru a stored procedure running every few minutes. Also, during the July bulletin, we upgraded the server processing capacity and doubled the memory. It may be time to upgrade again, or maybe its time for some tune-up with regards to creating an index on the table for threads.
For people not familiar with Databases:
The messed up sort order on "recent forum posts" is by intention an its a work around to avoid site crashes that we have been having due to reasons we dont know yet.
singhsa3
04-12 02:57 PM
Nice thoughts Harvinder,
But this exactly what we tried to do through the recent campaign on admin fixes..
Hi Friends and Administrators,
I have a suggestion. I am sure the administrators here have much better ideas than mine but I would request administrators to please read this suggestion with an open mind. It might be useful for the community.
I am sure we have enough members working for big companies like Microsoft, Google, Yahoo, Intel etc. The past experiences tell us that congress listens to these companies more than us even if we are making a valid point on the legal immigration issues. The irony here is that these companied care for H1 visa expansion not green card quota expansion. These big companies do not realize the benefit of green card quota expansion to them.
Let me prove how. A large proportion of the immigration community is working for small companies as consultants. Their immigration status makes changing jobs very difficult. Now I am sure if the people stuck in GC process get there GC thousands of people will not be forced to work for consultant companies and will look for permanent jobs. And these big companies are sitting on the top of the most desired companies to work for. These thousands of consultants will be more than happy to work for these big companies after they get there GC.
My point here is that if we can have these Companies speak for us, our voices can be heard by congress.
How this can be done: If immigrants working for these companies as consultants or permanent can start a chain of email and send a signed copy with hundred of signatures to the management, management might think of putting these points across to congress.
The contents of this email should be simple and achievable. Like
1. Recapture of unused Visas.
2. Get rid of the country quota. (This one is difficult but very beneficial).
3. Except US graduates form quota. (This one is controversial in IV community, but if US graduates are out of the quota every one is benefited. US graduates will be benefited more, but others will be benefited because there will be less number of people to share the quota. I mention this one because this point can get big support for the universities also, and I am sure congress does not ignore a voice coming form the universities.
About increasing the quota it is difficult and will not help much if the country quota is still exists.
If the email submitted to the management contain thousands of signatures from immigrants working for here company and people who support these immigrants in the company management and people like Bill Gates might talk to the congress to hemp us.
May be it is 2 cents suggestion but I would like the administrators to think out it with a open mind.
Thanks,
But this exactly what we tried to do through the recent campaign on admin fixes..
Hi Friends and Administrators,
I have a suggestion. I am sure the administrators here have much better ideas than mine but I would request administrators to please read this suggestion with an open mind. It might be useful for the community.
I am sure we have enough members working for big companies like Microsoft, Google, Yahoo, Intel etc. The past experiences tell us that congress listens to these companies more than us even if we are making a valid point on the legal immigration issues. The irony here is that these companied care for H1 visa expansion not green card quota expansion. These big companies do not realize the benefit of green card quota expansion to them.
Let me prove how. A large proportion of the immigration community is working for small companies as consultants. Their immigration status makes changing jobs very difficult. Now I am sure if the people stuck in GC process get there GC thousands of people will not be forced to work for consultant companies and will look for permanent jobs. And these big companies are sitting on the top of the most desired companies to work for. These thousands of consultants will be more than happy to work for these big companies after they get there GC.
My point here is that if we can have these Companies speak for us, our voices can be heard by congress.
How this can be done: If immigrants working for these companies as consultants or permanent can start a chain of email and send a signed copy with hundred of signatures to the management, management might think of putting these points across to congress.
The contents of this email should be simple and achievable. Like
1. Recapture of unused Visas.
2. Get rid of the country quota. (This one is difficult but very beneficial).
3. Except US graduates form quota. (This one is controversial in IV community, but if US graduates are out of the quota every one is benefited. US graduates will be benefited more, but others will be benefited because there will be less number of people to share the quota. I mention this one because this point can get big support for the universities also, and I am sure congress does not ignore a voice coming form the universities.
About increasing the quota it is difficult and will not help much if the country quota is still exists.
If the email submitted to the management contain thousands of signatures from immigrants working for here company and people who support these immigrants in the company management and people like Bill Gates might talk to the congress to hemp us.
May be it is 2 cents suggestion but I would like the administrators to think out it with a open mind.
Thanks,
mjdup
02-17 01:30 PM
Great job cataphract ! meeting in person helps a lot, I'm wishing MA volunteers step up and get motivated. Does red bull really work ;) just kidding, good luck.
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