theMan
05-23 02:49 PM
Again being a consultant is also a full time job. You can also be at a non-consulting company, but still be billable to a client. There is so much gray area here.
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bobzibub
06-23 10:12 AM
U.S. Department of Labor � Employment Standards Administration (ESA) � Wage and Hour Division (WHD) � Admission of Temporary H2A Workers (http://www.dol.gov/whd/regs/statutes/H1BStatuteINA212.htm)
(II) It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee. It is a violation of this clause for such an employer otherwise to accept such reimbursement or compensation from such an alien.
But it appears toothless because the fine is $1000.
-b
(II) It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee. It is a violation of this clause for such an employer otherwise to accept such reimbursement or compensation from such an alien.
But it appears toothless because the fine is $1000.
-b
sunnymit
04-20 11:09 AM
As I start following this GC process, it seems unrealistic...........
http://immigrationroad.com/green-card/immigration-flowchart-roadmap-to-green-card.pdf
Nice one.. Yes the road to GC is very very bumpy (and uncertain) but it changes drastically from one category to another. Your country of chargeability makes a huge difference as well. What country are you from and what category are you filing into?
http://immigrationroad.com/green-card/immigration-flowchart-roadmap-to-green-card.pdf
Nice one.. Yes the road to GC is very very bumpy (and uncertain) but it changes drastically from one category to another. Your country of chargeability makes a huge difference as well. What country are you from and what category are you filing into?
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369
01-03 07:54 AM
Hi,
Long time reader of the forum, first post. My mother is very ill and she is in India and I need to go to India soon. Here is the situation, My wife is on H1b and I am on H4. We have not left the country so we don't have visa stamps in our passports. We both have the I-797 approval notices. Mine was f1 to h4 after we got married.
Now can I go to Canada and get my H4 stamping done instead of India, I feel there is a better chance in Canada than India. Does my wife (principal applicant) needs to have her H1 stamped on her passport. If I need to do it in India, what documents do I need, do I have to go the consulate or I can come to USA and at the Port of entry they will stamp.
Please advise
Long time reader of the forum, first post. My mother is very ill and she is in India and I need to go to India soon. Here is the situation, My wife is on H1b and I am on H4. We have not left the country so we don't have visa stamps in our passports. We both have the I-797 approval notices. Mine was f1 to h4 after we got married.
Now can I go to Canada and get my H4 stamping done instead of India, I feel there is a better chance in Canada than India. Does my wife (principal applicant) needs to have her H1 stamped on her passport. If I need to do it in India, what documents do I need, do I have to go the consulate or I can come to USA and at the Port of entry they will stamp.
Please advise
more...
wellwishergc
07-10 09:49 PM
thank you logiclife. I really appreciate it!!!
You remain true to your name... Your arguments are logical and rational. We should put your posting on murthy's website or pose this argument in one of her open chat sessions. It wud be interesting to see her response.
edited per ur request wellwishergc,-logiclife
You remain true to your name... Your arguments are logical and rational. We should put your posting on murthy's website or pose this argument in one of her open chat sessions. It wud be interesting to see her response.
edited per ur request wellwishergc,-logiclife
rajuram
02-20 10:47 PM
I wish more people could contact their senators and congressmen now.
FYI -- I received the following Immigration related email from Congressman (CA) Pete Stark's office.
----
The increase in illegal immigration poses many challenges to our communities
and our broken immigration system must be fixed. My colleagues and I who
oppose mass deportations understand that illegal immigrants, by definition,
have broken the law. However, our economy depends on their hard work. The farming, food service, and construction sectors would essentially cease to exist without immigrant workers.
The vast majority of illegal immigrants come here to work. The best way to
control illegal immigration is to strictly enforce laws that require
employers to hire citizens or legal immigrants. First we have to ensure
that our laws allow for sufficient legal workers. The legal immigration
system is relatively generous for family members of citizens, but it is
nearly impossible to immigrate for employment. In 2004, only 359 people
were admitted in the category of "unskilled shortage workers," which is why
so many illegal immigrants come to fill those jobs.
I support legislation similar to the Senate compromise to bring legal
immigration in line with the supply of jobs not taken by citizens. H.R.
2330, the Secure America and Orderly Immigration Act, would create a system
whereby, if a job went unfilled by American citizens, the person who filled
that job would be able to get a temporary visa and, if they kept the job for
a long period, earn legal immigration status. The system would require
criminal background checks and a demonstrated understanding of English and
civics.
Immigration reform was not completed before the end of the 109th Congress,
but will certainly receive renewed focus in the 110th Congress.
Sincerely,
Pete Stark
Member of Congress
FYI -- I received the following Immigration related email from Congressman (CA) Pete Stark's office.
----
The increase in illegal immigration poses many challenges to our communities
and our broken immigration system must be fixed. My colleagues and I who
oppose mass deportations understand that illegal immigrants, by definition,
have broken the law. However, our economy depends on their hard work. The farming, food service, and construction sectors would essentially cease to exist without immigrant workers.
The vast majority of illegal immigrants come here to work. The best way to
control illegal immigration is to strictly enforce laws that require
employers to hire citizens or legal immigrants. First we have to ensure
that our laws allow for sufficient legal workers. The legal immigration
system is relatively generous for family members of citizens, but it is
nearly impossible to immigrate for employment. In 2004, only 359 people
were admitted in the category of "unskilled shortage workers," which is why
so many illegal immigrants come to fill those jobs.
I support legislation similar to the Senate compromise to bring legal
immigration in line with the supply of jobs not taken by citizens. H.R.
2330, the Secure America and Orderly Immigration Act, would create a system
whereby, if a job went unfilled by American citizens, the person who filled
that job would be able to get a temporary visa and, if they kept the job for
a long period, earn legal immigration status. The system would require
criminal background checks and a demonstrated understanding of English and
civics.
Immigration reform was not completed before the end of the 109th Congress,
but will certainly receive renewed focus in the 110th Congress.
Sincerely,
Pete Stark
Member of Congress
more...
chansek
08-14 09:41 PM
Hi,
As per the next steps in efiling confirmation receipt they clearly note that
"DO NOT mail photos or copies of identification unless requested to do so by USCIS."
Is this RFE is due to that you didn't sent photos part of supporting documents.
Appreciate your response.
Thanks.
As per the next steps in efiling confirmation receipt they clearly note that
"DO NOT mail photos or copies of identification unless requested to do so by USCIS."
Is this RFE is due to that you didn't sent photos part of supporting documents.
Appreciate your response.
Thanks.
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seebi
07-23 10:54 AM
I did too
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cdeneo
08-24 02:31 PM
My understanding is the same, I don't think this is anything new - again we don't know on what basis do they select cases to be transfered to the CSC or VSC though.
Whenever I checked it was always like that, atleast for the last 6 months! What is new now? All the centers showed a processing date even before.
[QUOTE=maddipati1;153370]GOOD NEWS!! I THINK 485 AOS LOAD IS SHARED BY ALL FOUR SERVICE CENTERS
See the link below
https://egov.uscis.gov/cris/jsps/ptimes.jsp
It shows 485 EB AOS proc date for all four centers including VSC & CSC.
I think they are ignoring Bi-Specialization system for the Jul-Aug07 485 filers.
Whenever I checked it was always like that, atleast for the last 6 months! What is new now? All the centers showed a processing date even before.
[QUOTE=maddipati1;153370]GOOD NEWS!! I THINK 485 AOS LOAD IS SHARED BY ALL FOUR SERVICE CENTERS
See the link below
https://egov.uscis.gov/cris/jsps/ptimes.jsp
It shows 485 EB AOS proc date for all four centers including VSC & CSC.
I think they are ignoring Bi-Specialization system for the Jul-Aug07 485 filers.
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cooldude
07-19 12:29 AM
Yes, my lawyer sent it to the exact same address (without the PO box) in June via FedEx and I got the receipt number.
Thanks a lot. I hope it does not delay the processing. When did you send the fedex and when did you receive the receipt.
Thanks a lot.
Thanks a lot. I hope it does not delay the processing. When did you send the fedex and when did you receive the receipt.
Thanks a lot.
more...
desi3933
05-12 12:41 PM
.....
And for 485 adjudication, USCIS specifically is interested in the period after your last "admittance" to USA (but before filing of 485).
....
Incorrect! (marked in green in your post)
The correct statement would be
For I-485 application adjudication, out of status is looked from the date of last lawful entry on non-immigrant visa BEFORE I-485 approval date.
______________________
Not a legal advice.
US citizen of Indian origin
.
And for 485 adjudication, USCIS specifically is interested in the period after your last "admittance" to USA (but before filing of 485).
....
Incorrect! (marked in green in your post)
The correct statement would be
For I-485 application adjudication, out of status is looked from the date of last lawful entry on non-immigrant visa BEFORE I-485 approval date.
______________________
Not a legal advice.
US citizen of Indian origin
.
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ItIsNotFunny
05-13 01:27 PM
http://finance.yahoo.com/news/Reports-GM-to-export-apf-15230502.html?sec=topStories&pos=7&asset=&ccode=
GM which is one of the biggest recepient of bail out money is going to export chinese cars to US market!! I am perfectly fine with that. Kudos to chinese car manufacterors. Now here is the problem...
1) companies which recieved TARP fund cannot hire H1bs!!!! but now it seems they can go and get work done elsewhere and then ship the product here??
2) Which is better for the economy?
a- skilled workers moving to the US and reviving the manufactoring base and this might involve reducing wages of course.
or
b- prevent skilled worker migration and instead import products from outside which will be effective on the short run due to the present capacity for borrowing heavily??
Consider these facts while answering;
but how long can you borrow?? dont you need to produce something here, in the US?? skilled worker reduces the wages? isnt that good to be competitive??
Completely agreed. Please keep in mind, the whole H1 hatred is not based on truth and statistics but based on sentiments.
GM which is one of the biggest recepient of bail out money is going to export chinese cars to US market!! I am perfectly fine with that. Kudos to chinese car manufacterors. Now here is the problem...
1) companies which recieved TARP fund cannot hire H1bs!!!! but now it seems they can go and get work done elsewhere and then ship the product here??
2) Which is better for the economy?
a- skilled workers moving to the US and reviving the manufactoring base and this might involve reducing wages of course.
or
b- prevent skilled worker migration and instead import products from outside which will be effective on the short run due to the present capacity for borrowing heavily??
Consider these facts while answering;
but how long can you borrow?? dont you need to produce something here, in the US?? skilled worker reduces the wages? isnt that good to be competitive??
Completely agreed. Please keep in mind, the whole H1 hatred is not based on truth and statistics but based on sentiments.
more...
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loudobbs
10-12 05:52 PM
Stuck being a male?? :D
Jokes apart, Call an IO or take a INFOPASS appt to talk to an IO. Its always easier if you can talk to somebody face to face....
I some centers you can get a INFOAPASS appt for next day easily
Hopefully they should be able to help you....
The delimma is if it's decided by Immigration that's it's my mistake i have to pay all over again. Put nobody know if i should pay the new fees or the july-2nd fees.
Also i asked if i should send a payment with the appilcation just to make sure the application is not rejected for not including the payment, i did not get an answer for that.
I'm stuck....
Jokes apart, Call an IO or take a INFOPASS appt to talk to an IO. Its always easier if you can talk to somebody face to face....
I some centers you can get a INFOAPASS appt for next day easily
Hopefully they should be able to help you....
The delimma is if it's decided by Immigration that's it's my mistake i have to pay all over again. Put nobody know if i should pay the new fees or the july-2nd fees.
Also i asked if i should send a payment with the appilcation just to make sure the application is not rejected for not including the payment, i did not get an answer for that.
I'm stuck....
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ragz4u
02-25 05:12 PM
This is just partial increase for Skilled EB Visas.According to Specter's plan to increase the EB visas to 290K sounds interesting but look at the hard No.'s here.
New Plan : 15% of 290K = 43,500
Existing Plan : 28.6% of 140K = 40,040
So, increase of 3,460 visas for the skilled Visas.With the new country limit raised to 10%. The actual no. for Indian/chinese is paltry 346 visas for the whole year.What a Shame!!The Senator needs to hire a High School Math student to figure this issue.
At the same time we should not forget that
1) If/When labor substitution is banned, many labors coming out of PBEC/DBEC will be useless. My guess is this number will be big. How many folks from 2000/2001 are still in the same firm at the same position/salary?
2) With advanced degree in STEM + 3 years work-ex now not a part of this number, this will bring some relief
3) PhD's will not be counted against the cap
Wouldn't #1 and #2 above make a significant difference?
New Plan : 15% of 290K = 43,500
Existing Plan : 28.6% of 140K = 40,040
So, increase of 3,460 visas for the skilled Visas.With the new country limit raised to 10%. The actual no. for Indian/chinese is paltry 346 visas for the whole year.What a Shame!!The Senator needs to hire a High School Math student to figure this issue.
At the same time we should not forget that
1) If/When labor substitution is banned, many labors coming out of PBEC/DBEC will be useless. My guess is this number will be big. How many folks from 2000/2001 are still in the same firm at the same position/salary?
2) With advanced degree in STEM + 3 years work-ex now not a part of this number, this will bring some relief
3) PhD's will not be counted against the cap
Wouldn't #1 and #2 above make a significant difference?
more...
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transpass
08-15 12:22 PM
I already said ...sorry to you guys....
But you guys are still punching me...
I could not find previous thread...Thats why I started this....
again sorry guys...
Admin please remove this thread.......
:mad:
Let's not beat a dead horse...
FYI, As someone earlier posted, you cannot beat the IVians in bulletins. Even before the sep bulletin went live on the website, people posted the bulletin info... People called the number of DOS and knew the dates beforehand. It seems the info obtained through phone preceeds the bulletin posted on the website...:p
But you guys are still punching me...
I could not find previous thread...Thats why I started this....
again sorry guys...
Admin please remove this thread.......
:mad:
Let's not beat a dead horse...
FYI, As someone earlier posted, you cannot beat the IVians in bulletins. Even before the sep bulletin went live on the website, people posted the bulletin info... People called the number of DOS and knew the dates beforehand. It seems the info obtained through phone preceeds the bulletin posted on the website...:p
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Leo07
06-24 04:02 PM
yeah, what you mentioned below is one option--that is going to mexico and coming back as illegal:). LOL
Or
Work towards and hope these piece meal/pending legislations will roll-up into CIR?
Again, can some one please explain for CIR gonna help us. I am on EAD .. now say this gets passed.. how am I going to get benefitted from this..
All I got from this is , illegals will get the legal PR. So does that mean I should start saving money and when CIR bill is passed.. go to Mexico and pay the mafia and enter US illegally and get the PR?
Please someone gotta explain me, as everyone seems so enthu on the CIR thingy. There are bills for the EB issues, but there seems not much of the support for it. Looks like no politician wanna touch this dirt as there is no future value to them. This is what I feel while roaming around the Internet streets and Malls with these news.
Or
Work towards and hope these piece meal/pending legislations will roll-up into CIR?
Again, can some one please explain for CIR gonna help us. I am on EAD .. now say this gets passed.. how am I going to get benefitted from this..
All I got from this is , illegals will get the legal PR. So does that mean I should start saving money and when CIR bill is passed.. go to Mexico and pay the mafia and enter US illegally and get the PR?
Please someone gotta explain me, as everyone seems so enthu on the CIR thingy. There are bills for the EB issues, but there seems not much of the support for it. Looks like no politician wanna touch this dirt as there is no future value to them. This is what I feel while roaming around the Internet streets and Malls with these news.
more...
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ragz4u
02-14 09:33 PM
It's BLOODY RIDICULOUS. The cops shud be arresting these illegals, instead NO action was taken and inface people were SUPPORTING them on the news.
We, on the other hand have NOTHING to fear, YET we do not speak up.
Guys come out of ur caves and SIGNUP FOR THE RETROGRESSION RALLY on March 13th 2006.
http://www.philly.com/mld/philly/news/breaking_news/13871017.htm
Sometimes I feel we legal law-abiding higly educated and highly skilled folks deserve to be treated like slaves as compared to the illegal folks. Sometimes I wish they should scrap the EB category visas altogether just so that everyone has to pack their bags/dreams/ambitions and get kicked out after the 6th year. After all, isn't silence a meek approval of the the treatment meted out to us curently?
But at the same time this is not fair to those who are not silent, not meek and want to do something about our own sorry state. All the monetary contributors to this org, everyone who is volunteering and calling/faxing senators, people pushing others to join this effort. They deserve a lot better.
We, on the other hand have NOTHING to fear, YET we do not speak up.
Guys come out of ur caves and SIGNUP FOR THE RETROGRESSION RALLY on March 13th 2006.
http://www.philly.com/mld/philly/news/breaking_news/13871017.htm
Sometimes I feel we legal law-abiding higly educated and highly skilled folks deserve to be treated like slaves as compared to the illegal folks. Sometimes I wish they should scrap the EB category visas altogether just so that everyone has to pack their bags/dreams/ambitions and get kicked out after the 6th year. After all, isn't silence a meek approval of the the treatment meted out to us curently?
But at the same time this is not fair to those who are not silent, not meek and want to do something about our own sorry state. All the monetary contributors to this org, everyone who is volunteering and calling/faxing senators, people pushing others to join this effort. They deserve a lot better.
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parvezmusani
07-26 04:12 PM
Saw a few more votes, still need more as the count for the "2010 last quater approval" thread is still higher then this. Continue the voting please....
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mbartosik
06-15 01:46 AM
You file your I485 now noting your wife as a dependant.
Then when she is able to return file her I485 using your receipt notice.
I don't know what happens if it retrogresses.
If it takes her too long to return you may have to deliberately stall your I485, like postoning interview.
Then when she is able to return file her I485 using your receipt notice.
I don't know what happens if it retrogresses.
If it takes her too long to return you may have to deliberately stall your I485, like postoning interview.
mhathi
05-02 01:47 PM
I am confused. Everyone is talking as if this is some progress. But what is the difference between this news and the one IV has on headline? Haven't we already known that the bill is introduced?
I had the same question when I first read this... but did not bother to reply... Immigration-law has reported this news as breaking news but this was already known to IV since before the bills were introduced.
I had the same question when I first read this... but did not bother to reply... Immigration-law has reported this news as breaking news but this was already known to IV since before the bills were introduced.
roseball
08-27 12:57 PM
If lawyer is involved in the recruitment process, its illegal and your PERM become invalid. Yes, as others pointed out if there are any qualified candidates the company should take them and let you go. Thats the law.
There is no law that the employer has to lay-off/let go the PERM candidate and hire the qualified applicant. However, if a qualified applicant is found and he/she is willing to accept employment as per the requirements, then the law is that the PERM process cannot be continued at that point, meaning PERM cannot be filed.
There is no law that the employer has to lay-off/let go the PERM candidate and hire the qualified applicant. However, if a qualified applicant is found and he/she is willing to accept employment as per the requirements, then the law is that the PERM process cannot be continued at that point, meaning PERM cannot be filed.
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