ronhira
09-26 01:21 PM
Wow... such eloquence from a "highly skilled worker" ! Truly impressive indeed :)
BTW, for that poster who was imagining a single line, open your eyes buddy. There are indeed two lines. Higher qualifications gets you into the shorter one. You can fret and whine all you want but you cant change the fact.
Porting PDs is a silly concept as others have pointed it out here. Its the law for now but wont be for long. Get over it.
i'm as much high skilled as u'r...... perhaps u did not notice that we are in the same category..... on which u'r hanging on.....
this guy is correct.....
All of us believe that the system which suits our individual application is the best system. Anything that doesn't work for us is just screwed-up.
this explains y porting pd is a silly concept to you.....
i'm in eb2 & my application is pending..... i don't think porting pd is silly just becoz a few others in eb2 think it is silly..... perhaps i know how to use my brain to form my own opinion rather than subscribing to the majority opinion of the category in which i applied for gc..... porting pd makes sense..... & it will not change..... till u don't get change to porting pd system..... i reserve the right to correctly call u a pu5sy..... get over it....
BTW, for that poster who was imagining a single line, open your eyes buddy. There are indeed two lines. Higher qualifications gets you into the shorter one. You can fret and whine all you want but you cant change the fact.
Porting PDs is a silly concept as others have pointed it out here. Its the law for now but wont be for long. Get over it.
i'm as much high skilled as u'r...... perhaps u did not notice that we are in the same category..... on which u'r hanging on.....
this guy is correct.....
All of us believe that the system which suits our individual application is the best system. Anything that doesn't work for us is just screwed-up.
this explains y porting pd is a silly concept to you.....
i'm in eb2 & my application is pending..... i don't think porting pd is silly just becoz a few others in eb2 think it is silly..... perhaps i know how to use my brain to form my own opinion rather than subscribing to the majority opinion of the category in which i applied for gc..... porting pd makes sense..... & it will not change..... till u don't get change to porting pd system..... i reserve the right to correctly call u a pu5sy..... get over it....
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desi3933
02-01 08:17 AM
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not generating any salary and my consultant is not running my payroll ?
And if the H1 goes dormant then what can be done next?
Couple of questions here -
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
____________________
Not a legal advice.
US Citizen of Indian Origin
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not generating any salary and my consultant is not running my payroll ?
And if the H1 goes dormant then what can be done next?
Couple of questions here -
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
____________________
Not a legal advice.
US Citizen of Indian Origin
maag
06-13 09:19 AM
Do a google on AP with canadian landing and u will see many successful cases. So, tally between the successes and failures.
did you google it?
i couldn't find any recent successful story from google.
did you google it?
i couldn't find any recent successful story from google.
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lutherpraveen
10-14 09:27 AM
Processed at NSC.
WAS IT ALSO A LIN#? I AM PATIENTLY WAITING......HOPING TO BE NEXT.
WAS IT ALSO A LIN#? I AM PATIENTLY WAITING......HOPING TO BE NEXT.
more...
kshitijnt
07-09 01:22 PM
well, the question then would be, has anyone been denied after presenting an EVL which states the employee is a consultant ?
Getting a letter is not a big deal. What if I am a full time consultant in that company?
Getting a letter is not a big deal. What if I am a full time consultant in that company?
desi3933
07-08 10:45 AM
The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.
I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.
It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.
Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.
People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".
One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".
Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.
Just imagine what is this person's situation for no fault of his?
This is really a very unfortunate situation.
The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.
Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.
On the practical side, vast majority of employer have no issues with such EVL letters.
Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.
We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......
It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.
There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.
I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.
---------------
Life is not fair; get used to it. - Bill Gates
Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates
.
I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.
It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.
Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.
People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".
One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".
Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.
Just imagine what is this person's situation for no fault of his?
This is really a very unfortunate situation.
The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.
Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.
On the practical side, vast majority of employer have no issues with such EVL letters.
Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.
We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......
It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.
There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.
I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.
---------------
Life is not fair; get used to it. - Bill Gates
Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates
.
more...
vkrishn
08-25 08:17 PM
Did you call TSC or NSC.
Its the 1800 number you call and then escalated to Tier 2.
Its the 1800 number you call and then escalated to Tier 2.
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chanduv23
07-10 05:45 PM
@chanduv23:
Ok, i am not challenging you or your interpretations. I am looking into all options.
Ok, i am not challenging you or your interpretations. I am looking into all options.
more...
chanduy9
07-05 01:59 PM
If this guy from USCIS (Emilio T. Gonzalez) is an anti immigrant then he might think this is an appreciation from anti immigrants. dont you want to convey to him that these flowers are actually from people who got screwed by him and uscis
Pls my post very carefully...it is
Select Occasion: "Sympathy".....and you can write some msg in the card too...it explains from where it is coming and what it means...
guys think +ve.
Thanks,
Chandra.
Pls my post very carefully...it is
Select Occasion: "Sympathy".....and you can write some msg in the card too...it explains from where it is coming and what it means...
guys think +ve.
Thanks,
Chandra.
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kdprasad
08-13 07:48 PM
The checks were submitted by my attorney and I am sure they might have cashed but I can not say for sure.
BG I got receipt numbers but the checks are not cashed yet.
PD - Jan 2006
I-140 - Nov 2006
485 Filed - July 2nd 11:30a.m
Receipt Notice -- August 10th (Received on 13th, But checks not cashed yet :)
BG I got receipt numbers but the checks are not cashed yet.
PD - Jan 2006
I-140 - Nov 2006
485 Filed - July 2nd 11:30a.m
Receipt Notice -- August 10th (Received on 13th, But checks not cashed yet :)
more...
spulavarthi
08-15 12:50 PM
Yesterday rcv'd email card production.
RD 06/16/2008
ND 06/18/2008
PD Feb 2006.
RD 06/16/2008
ND 06/18/2008
PD Feb 2006.
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Vsach
07-05 05:31 PM
Dear All,
How about we all show up at DC coming Monday! What would be the most efficient and quickest process in getting everybody involved?:
Regards
VS
How about we all show up at DC coming Monday! What would be the most efficient and quickest process in getting everybody involved?:
Regards
VS
more...
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manishcp
09-28 11:15 AM
July 3rd 2007,
EAD aproved: Sep 28 2007
EAD aproved: Sep 28 2007
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map_boiler
08-12 12:56 PM
did you move within the same city, or was this an out of state move?
- if within the same city, you could possibly check with people living at your old address...who knows, they could be helpful. generally usps does not deliver uscis mail without your name on the mailbox; also there is no mail forwarding for such mails
- check with uscis to see if the card was already mailed out, or otherwise try to get their help in tracking it down (given their customer service though, this could be difficult)
- your attorney should also receive a copy of the approval notice, so check with him/her. uscis sends the card and welcome notice only to you, but they (afaik) generally send out a copy of the approval notice to the attorney as well.
- if unable to resolve this in 30-days, file I-90 (see below). again, check with attorney before doing anything.
- can also consider getting I-551 stamp from local uscis office
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
Filing Fee if you are filing because:
• You never received your Permanent Resident Card; or
• Your Permanent Resident Card was issued with incorrect information because of a USCIS administrative error;
Then there is no fee required. Please review the Where to File Instructions, below, if you are filing for these reasons. Total filing fee = $0
If you are filing because your card was never received
• If USCIS mailed you a Permanent Resident Card more than 30 days ago and you have not received it; and
• It has been returned to USCIS by the Post Office as undeliverable; and
• You have not moved from the address you provided to USCIS during the application or immigrant visa process that led to the creation of the card not received;
My husband called USCIS today to check if they have correct address on file and alas they had old address. When we moved after filing for I-485/EAD/AP, we changed the address in Oct and also after we received receipt notices in Jan. We received EAD/AP/Finger printing notices at the present address for all three of us and now they are saying they had old address on my husband's I485 only, great!!!
They were not sure where the card/welcome notice/approval notice were mailed, to my old address or the attorney. Will check with the attorney today, if not what is the procedure as the card will return back. Thanks in advance.
- if within the same city, you could possibly check with people living at your old address...who knows, they could be helpful. generally usps does not deliver uscis mail without your name on the mailbox; also there is no mail forwarding for such mails
- check with uscis to see if the card was already mailed out, or otherwise try to get their help in tracking it down (given their customer service though, this could be difficult)
- your attorney should also receive a copy of the approval notice, so check with him/her. uscis sends the card and welcome notice only to you, but they (afaik) generally send out a copy of the approval notice to the attorney as well.
- if unable to resolve this in 30-days, file I-90 (see below). again, check with attorney before doing anything.
- can also consider getting I-551 stamp from local uscis office
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
Filing Fee if you are filing because:
• You never received your Permanent Resident Card; or
• Your Permanent Resident Card was issued with incorrect information because of a USCIS administrative error;
Then there is no fee required. Please review the Where to File Instructions, below, if you are filing for these reasons. Total filing fee = $0
If you are filing because your card was never received
• If USCIS mailed you a Permanent Resident Card more than 30 days ago and you have not received it; and
• It has been returned to USCIS by the Post Office as undeliverable; and
• You have not moved from the address you provided to USCIS during the application or immigrant visa process that led to the creation of the card not received;
My husband called USCIS today to check if they have correct address on file and alas they had old address. When we moved after filing for I-485/EAD/AP, we changed the address in Oct and also after we received receipt notices in Jan. We received EAD/AP/Finger printing notices at the present address for all three of us and now they are saying they had old address on my husband's I485 only, great!!!
They were not sure where the card/welcome notice/approval notice were mailed, to my old address or the attorney. Will check with the attorney today, if not what is the procedure as the card will return back. Thanks in advance.
more...
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delhiguy
07-08 05:57 PM
It is not the U.S constitution or the constitutional law that is in question here. The lawsuit is being filed to simply determine if the laws were broken when this visa bulletin fiasco happened. If so, the courts will give relief. The laws of the U.S extends to everybody (citizens, GC holders and non-immigrants) alike.
It is just like how if a non-immigrant breaks a law, he/she is arrested and taken to court. Even the terrorists who are held in Gitmo won a lawsuit that they have a fair share in the courts. There are numerous cases of potential immigrants who sued the U.S govt and got GCs (most recent being a worker who got his I-140 rejection based on labor cert overturned in Washington State by a Federal Court and finally got his GC).
But, as you mentioned, there are certain aspects of the Constitution that apply only to Citizens. I don't think the constitutional law applies here.
After reading your example about the GC i am very positive now, about the lawsuit
It is just like how if a non-immigrant breaks a law, he/she is arrested and taken to court. Even the terrorists who are held in Gitmo won a lawsuit that they have a fair share in the courts. There are numerous cases of potential immigrants who sued the U.S govt and got GCs (most recent being a worker who got his I-140 rejection based on labor cert overturned in Washington State by a Federal Court and finally got his GC).
But, as you mentioned, there are certain aspects of the Constitution that apply only to Citizens. I don't think the constitutional law applies here.
After reading your example about the GC i am very positive now, about the lawsuit
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petepatel
07-21 07:52 AM
Priority Date - Nov 2004
EAD Renewal Mailed - July 1, 2008
Received by USCIS - July 3,2008
LAST LUD - July 8, 2008
:D
EAD Renewal Mailed - July 1, 2008
Received by USCIS - July 3,2008
LAST LUD - July 8, 2008
:D
more...
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DianaSteve
03-10 12:27 AM
I believe when you get a promotion a new H1B has to be filed and that is hurdle in many aspects. Or what if the company is small and there is nothing to aspire for... like me?
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sundarpn
02-07 03:41 PM
$50.
Your transaction ID for this payment is: 20403265J43769648.
Thx
Your transaction ID for this payment is: 20403265J43769648.
Thx
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myvoice23
08-13 12:14 PM
Hi,
Did you receive any CPO email or welcome notice sent email?
Good luck!
Yes I received Welcome notice (I-797C approval notice). I am still waiting for my cards.
Today my status got changed to
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On August 12, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
So I am expecting my cards should arrive by friday (aug 15th).
Did you receive any CPO email or welcome notice sent email?
Good luck!
Yes I received Welcome notice (I-797C approval notice). I am still waiting for my cards.
Today my status got changed to
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On August 12, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
So I am expecting my cards should arrive by friday (aug 15th).
ganguteli
01-29 06:37 PM
I think the grace period is 90 days from the date of start of H1B written in the approval notice. After that your H1B is void. But I think you need to inform USCIS that you wish to continue on H4. Otherwise it can create problems on out of status when you apply for green card.
If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.
Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.
So you need to see which scenarios fit in your case and act accordingly.
If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.
Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.
So you need to see which scenarios fit in your case and act accordingly.
gc_5050
08-02 01:57 PM
Hi Nogc12 !
Hope the info you got from customer service is correct.
As I am still waiting for my receipts,
which are filed on Jun19 @ nebraska.
Dont know how the service centers(customer service) are disclosing the processing dates,
I asked the same questions they said don't know.
Hope the info you got from customer service is correct.
As I am still waiting for my receipts,
which are filed on Jun19 @ nebraska.
Dont know how the service centers(customer service) are disclosing the processing dates,
I asked the same questions they said don't know.
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