garybanz
11-02 02:16 PM
Papu,
Is IV in a position to check with USCIS on the official guideline for this issue?
Thanks.
Questions for everyone to research and post the answers------
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
Is IV in a position to check with USCIS on the official guideline for this issue?
Thanks.
Questions for everyone to research and post the answers------
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
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ken
10-03 02:18 AM
Just a quick update on AP Case- Today the e filed application got approved The total time it took is about 10 days from filing to approval.
e filed on Sept 23 and approved on Oct 2
e filed on Sept 23 and approved on Oct 2
eilsoe
02-17 01:12 AM
I dunno, but we're on the main page now :beam:
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USDream2Dust
04-09 12:38 PM
Ok disclaimer first. I do work directly with employer and not a consultant.
I think there is an ongoing debate over it whether consultant companies should be allowed for H1b's and green cards or not. Let me be very honest. There are so many US employers who do not want to get into mess of H1b's but still want talent. These desi or videsi consultant firms feed on them and people like you and me searching for jobs. It is generated out of necessity on both ends.
There are some very very big consulting firms too and not to Mom and Pop Desi shops.
I feel for both sides and the real problem is to have multiple H1's and H1b's sitting on bench which is even worst. So either they hire and pay and make their responsibility to find job or don't file for H1b's
USDream2dust
I think there is an ongoing debate over it whether consultant companies should be allowed for H1b's and green cards or not. Let me be very honest. There are so many US employers who do not want to get into mess of H1b's but still want talent. These desi or videsi consultant firms feed on them and people like you and me searching for jobs. It is generated out of necessity on both ends.
There are some very very big consulting firms too and not to Mom and Pop Desi shops.
I feel for both sides and the real problem is to have multiple H1's and H1b's sitting on bench which is even worst. So either they hire and pay and make their responsibility to find job or don't file for H1b's
USDream2dust
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nefrateedi
07-19 12:05 PM
Thanks for the responses. How about this question ?
Is it out of status if one gets paid from 2 companies with
2 H1bs , like, If one is on bench but getting paid by that company, starts working with 2nd company on transferred H1b, so it is like double pay for about 2-3 weeks .
If you're getting paid while you're on bench with Company A, and Company B has transfered your H1, and is paying you as well, that's not a problem. The problem arises if you're on bench and are not getting paid. On H1, one has to be paid even if he/she is on bench.
Hope this helps answer your question.
Is it out of status if one gets paid from 2 companies with
2 H1bs , like, If one is on bench but getting paid by that company, starts working with 2nd company on transferred H1b, so it is like double pay for about 2-3 weeks .
If you're getting paid while you're on bench with Company A, and Company B has transfered your H1, and is paying you as well, that's not a problem. The problem arises if you're on bench and are not getting paid. On H1, one has to be paid even if he/she is on bench.
Hope this helps answer your question.
shivapb80
06-05 04:22 PM
actually this memo, as far as my understanding goes, does not say it. there is no where the clause that filling AC21 documents means that it will become urgent for USCIS to make a decision on your i-140.
it is more applicable to the i-485 i.e. if your i-485 comes up for adjudication and you have file ac21 and your i-140 is pending as well, then the portability is only valid if i-140 is approved. of course after that to make sure that the portability is valid they will apply the "similar job" criteria.
it is more applicable to the i-485 i.e. if your i-485 comes up for adjudication and you have file ac21 and your i-140 is pending as well, then the portability is only valid if i-140 is approved. of course after that to make sure that the portability is valid they will apply the "similar job" criteria.
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franklin
04-13 08:44 PM
hey guys I think its OK now to call IV as Indian organization with this bulltin and per their statement there is a good chance that ROW will move ahead and we will be stuck EB3 India in particular
If you don't stop saying comments like this, you'll totally alienated people like me. It is a global issue, doesn't matter where you are from. People from all nationalities are affected. Oh guess what, it wasn't just Indian nationals who saw no movement.
Or, if you truly feel this way, I'll take my donations elsewhere, and I'll stop meeting with lawmakers on everyone's behalf.
If you don't stop saying comments like this, you'll totally alienated people like me. It is a global issue, doesn't matter where you are from. People from all nationalities are affected. Oh guess what, it wasn't just Indian nationals who saw no movement.
Or, if you truly feel this way, I'll take my donations elsewhere, and I'll stop meeting with lawmakers on everyone's behalf.
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satishku_2000
05-17 01:15 AM
Whoa, now be careful what you say there tiger. Outsourcing has nothing to do with the H-1B program, if everyone followed the law. Then people wouldn't be in America, underpaid or on the bench. American companies outsourcing to India etc. is happening. Everyoe is entitled to an opinion on whether that is right or not. But BREAKING THE LAW BY ENTERING THE COUNTRY ON AN H-1B ON FALSE PREMISES is simply illegal, and has nothing to do with the issue of outsourcing. Two different things.
I am not saying all American companies are saints. The ones breaking the law should be punished accordingly. But facts are that Indian companies are among the biggest abusers of H-1Bs. Nothing wrong with Indian companies in general. But the ones breaking the law should be brought to justice, it's as simple as that.
If you are so sure about the law breakers and how people and companies are breaking immigration laws and you can always document and lodge compliaints to appropriate authorities. Dont always assume your perception is reality. There is something called due process when it comes to criminal prosecution in this country.
Outsourcing does not necessarily happen to India or some other country . Outsourcing can happen between companies in USA too. Even the essential services such as physical security , janitorial jobs are outsourced too.
The so called H1b reform does not protect people who are already in USA and whose green card petitions are pending for years. It tries put laws in place which says H1b employees can not perform services on behalf their companies for their clients.
One of the main complaints by people like you and guild of programmers is that these big consulting companies are using H1B program to gain knowledge in america and outsource later to India.
what do you mean by "BREAKING THE LAW BY ENTERING THE COUNTRY ON AN H-1B ON FALSE PREMISES"
No one here is opposing prosecuting the law breakers. You are the one who opined in other postings if enough number of people break law they should be legalized and given amnesty.
I am not saying all American companies are saints. The ones breaking the law should be punished accordingly. But facts are that Indian companies are among the biggest abusers of H-1Bs. Nothing wrong with Indian companies in general. But the ones breaking the law should be brought to justice, it's as simple as that.
If you are so sure about the law breakers and how people and companies are breaking immigration laws and you can always document and lodge compliaints to appropriate authorities. Dont always assume your perception is reality. There is something called due process when it comes to criminal prosecution in this country.
Outsourcing does not necessarily happen to India or some other country . Outsourcing can happen between companies in USA too. Even the essential services such as physical security , janitorial jobs are outsourced too.
The so called H1b reform does not protect people who are already in USA and whose green card petitions are pending for years. It tries put laws in place which says H1b employees can not perform services on behalf their companies for their clients.
One of the main complaints by people like you and guild of programmers is that these big consulting companies are using H1B program to gain knowledge in america and outsource later to India.
what do you mean by "BREAKING THE LAW BY ENTERING THE COUNTRY ON AN H-1B ON FALSE PREMISES"
No one here is opposing prosecuting the law breakers. You are the one who opined in other postings if enough number of people break law they should be legalized and given amnesty.
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pmb76
07-20 04:57 AM
You sure are a spindoctor : You gave yourself a worthy id. Why do you have to call USCIS cruel for the choices you made ? USCIS has not separated you from your wife. You have chosen to live in this country and you have the choice to be with her or not. Remember - no one can force you to do anything in this world. Life is always a tradeoff for every living creature in this world and we must learn to make the best of it. Although I do sympathize with you - you need to grow up and stop blaming others for your mistakes.
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gsc999
07-27 03:03 PM
Guys, don't take ownership and don't judge what other can do or can't do.
It is their discretion to call or not to call. They called and they are passing information.
Here everybody is showing bossism for nothing.
---
Can someone explain to me, why should we call USCIS and inquire about receipt notices just weeks after filing AOS application when USCIS clearly states that it takes 30 days to process a receipt. Can we at least respect that piece of information and wait for 30 days before calling?
Did I get that 30 day receipt processing period wrong?
It is their discretion to call or not to call. They called and they are passing information.
Here everybody is showing bossism for nothing.
---
Can someone explain to me, why should we call USCIS and inquire about receipt notices just weeks after filing AOS application when USCIS clearly states that it takes 30 days to process a receipt. Can we at least respect that piece of information and wait for 30 days before calling?
Did I get that 30 day receipt processing period wrong?
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sanju
09-09 11:17 AM
Hi,
I am one of the concurrent filing applicants. I filed my 140 and 485 on July 2. Can you give me a link for this memo ? Also if I invoke ac 21 do i need to file the g28 on 485 ? and what is g28 exactly for ?
In your case, to file AC-21 to change employers, you need to have approved I-140 and will have to wait for 180 days from the 485 receipt.
Just google search Yates memo pdf and you will find it. G-28 is a form that is filed to authorize a lawyer to represent you with USCIS.
I am one of the concurrent filing applicants. I filed my 140 and 485 on July 2. Can you give me a link for this memo ? Also if I invoke ac 21 do i need to file the g28 on 485 ? and what is g28 exactly for ?
In your case, to file AC-21 to change employers, you need to have approved I-140 and will have to wait for 180 days from the 485 receipt.
Just google search Yates memo pdf and you will find it. G-28 is a form that is filed to authorize a lawyer to represent you with USCIS.
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psgprasad
03-28 02:10 PM
Dear Michigan Members,
This mail is to update you guys on the outcome of meeting with Staff Assistant of Senator Carl Levin - Michigan and members of Immigration voice namely
Gajendra Prasad
Stanley Samuel
Manoj kumar
We emphasized the following points
1. We are not talking about H1 increase.
2. Reverse Brain drain impacts.
3. Outsourcing economies gaining edge because of Americas poor legal immigration policies.
4. Delays in normal processing.
5. Impact of Backlogs on America competitiveness.
6. Impact of Backlogs on immigrations careers and their contribution to the industry.
7. Details of Presidents State of union Address for legal immigrants.
8. Statistical details which have shown immigration does not affect Americas growth but helps growth of America.
9. Requests of immigration voice.
We quoted our personal life experience and the hindrances we encounter in our career growth.
I have to say the points were observered with a positive note. and the staff said that these will be conveyed to the Senator.
He also suggested, to contact the media, which we are doing and also told,
he was also aware of immigration voice and its good doings.
He also told the Senator voted in favour of CIR 2006.
He suggested having a direct meeting with Senator would definetly help, as it would have a better impact, but he said that it would be easy to get an appointment of the Senator in DC. At this point, we have requested the immigration voice DC members whether they can have an meeting with the Senator and we can arrange the same with this staff member.
He also requested, if any of our member are meeting with the same Senator office staff in different location(Detroit, Grand Rapids,Escabana etc), please refer this staff name for continuity reasons.
Andy Hickner-Staff Assistant of Senator Carl Levin (Michigan) -Lansing office and this meeting.
I will be sending a Thank you letter soon to this Staff.
We are waiting on Appointment from the following office as we have already faxed the request for appointments, after our initial telephonic request.
1. Senator Debie Stabenow - Michigan.
2. Congress Man Mike Rogers - Michigan 8th District.
3. Congress Man Tim Walberg - Michigan 7th District.
Actions Items.
1. Update Michigan members on the meeting and Request them to refer to our discussion, if they meet the same senators office staff in any other offices.
2. Contact Michigan Public Radio for an interview on our issue.
3. Contact Lansing State Journal for an article on our issue.
4. Follow up on other Law makers.
Thanks
Gajendra Prasad Sankaranarayana
This mail is to update you guys on the outcome of meeting with Staff Assistant of Senator Carl Levin - Michigan and members of Immigration voice namely
Gajendra Prasad
Stanley Samuel
Manoj kumar
We emphasized the following points
1. We are not talking about H1 increase.
2. Reverse Brain drain impacts.
3. Outsourcing economies gaining edge because of Americas poor legal immigration policies.
4. Delays in normal processing.
5. Impact of Backlogs on America competitiveness.
6. Impact of Backlogs on immigrations careers and their contribution to the industry.
7. Details of Presidents State of union Address for legal immigrants.
8. Statistical details which have shown immigration does not affect Americas growth but helps growth of America.
9. Requests of immigration voice.
We quoted our personal life experience and the hindrances we encounter in our career growth.
I have to say the points were observered with a positive note. and the staff said that these will be conveyed to the Senator.
He also suggested, to contact the media, which we are doing and also told,
he was also aware of immigration voice and its good doings.
He also told the Senator voted in favour of CIR 2006.
He suggested having a direct meeting with Senator would definetly help, as it would have a better impact, but he said that it would be easy to get an appointment of the Senator in DC. At this point, we have requested the immigration voice DC members whether they can have an meeting with the Senator and we can arrange the same with this staff member.
He also requested, if any of our member are meeting with the same Senator office staff in different location(Detroit, Grand Rapids,Escabana etc), please refer this staff name for continuity reasons.
Andy Hickner-Staff Assistant of Senator Carl Levin (Michigan) -Lansing office and this meeting.
I will be sending a Thank you letter soon to this Staff.
We are waiting on Appointment from the following office as we have already faxed the request for appointments, after our initial telephonic request.
1. Senator Debie Stabenow - Michigan.
2. Congress Man Mike Rogers - Michigan 8th District.
3. Congress Man Tim Walberg - Michigan 7th District.
Actions Items.
1. Update Michigan members on the meeting and Request them to refer to our discussion, if they meet the same senators office staff in any other offices.
2. Contact Michigan Public Radio for an interview on our issue.
3. Contact Lansing State Journal for an article on our issue.
4. Follow up on other Law makers.
Thanks
Gajendra Prasad Sankaranarayana
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liorsal
04-17 08:01 PM
what is BEC?
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gcformeornot
12-13 04:10 PM
I work for a very large Auto company. Now a days most of the new guys are coming on L1 visas. They work like H1 would work at client.
The biggest thing is the work (vehicle design work) witch was considered not outsourcable till few years back started going to India. Few of the L1 do work here in day time.........send data out when its night here...... the guys who work there in India come to US for 2-3 months to get a feel of design work and then work from India....
I aggree 100% on what OP is saying.....
The biggest thing is the work (vehicle design work) witch was considered not outsourcable till few years back started going to India. Few of the L1 do work here in day time.........send data out when its night here...... the guys who work there in India come to US for 2-3 months to get a feel of design work and then work from India....
I aggree 100% on what OP is saying.....
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kumar4875
04-29 02:18 PM
WOW --Right from relationship between coutries tot he pros and cons of war planes we are discussing here.We have people with nice political knowledge per se Ministers and Kings who can analyze how just 11 billion (bully)dollar deal can affect the Green card processing and we have Generals and colonels who knows which fghter plane is good for which country.
But still we are able to manage only around 200 for the advocasy event and large amount of donataions which barely met the expenses. what a pity ;)
But still we are able to manage only around 200 for the advocasy event and large amount of donataions which barely met the expenses. what a pity ;)
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LostInGCProcess
12-14 02:24 PM
For how long is USCIS issuing the EAD & AP these days?
I got my EAD valid for 2 Yeays and AP valid for 1 year. It took almost 90 days for EAD to come by (from TSC)...and AP (from NSC) took about 110 days.
I got my EAD valid for 2 Yeays and AP valid for 1 year. It took almost 90 days for EAD to come by (from TSC)...and AP (from NSC) took about 110 days.
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grupak
08-07 07:10 PM
Finally, its easy to say this, but really hard to follow - don't discuss this to your fiance(e) before wedding about the complexity of the situation, unless she is very understanding and can take it without a panic. Most of all, take it easy, relax and enjoy your wedding.
Good luck!
If I were you, I would discuss this before the wedding. Its too important an issue not to disclose, in my opinion.
Good luck!
If I were you, I would discuss this before the wedding. Its too important an issue not to disclose, in my opinion.
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asindu
07-14 10:03 PM
IN RESPONSE to AKRED: My dads priority date is july 2005, so how does that give me amnesty...he applied under PERM!!! Btw if you do not support DREAM ACT than you shouldn't be on this forum...
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lnahan
06-05 01:55 PM
Action item: let's beg USCIS to work slower and waste as much quota as possible.
Ron,
"
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
"
How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????
I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]
Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.
Well, if they do broke the law, can we do something about it? Like class action law suite???
Let's see if they did, first.
Ron,
"
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
"
How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????
I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]
Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.
Well, if they do broke the law, can we do something about it? Like class action law suite???
Let's see if they did, first.
Lisap
08-23 04:19 PM
Here comes one more preacher. Most people on this forum are no saint, they not even a man (or woman) enough to stand up for themselves.
We are a Union and thats how a union works that is actively supporting the cause of its members.
If one is stupid enough not to understand that we are trying to help everyone and thus this "one help" need to be demanded then god help that person.
Understood, we all may have problems but those could be solved with whatever our share of work we can do to support this cause.
If someone says that they don't know what IV policies and activites are and blames that nobody explained to them. Well... thats a lame excuse. It is very much on the front page of IV
Number is the bargaining power and we are here to bargain. Period.
Yes, u got that right. I am one angry man and regret that what I am doing goes against the spirit of IV.
Now my direct question to you is : are in or are u out?
With people like you on here- I am out too!
We are a Union and thats how a union works that is actively supporting the cause of its members.
If one is stupid enough not to understand that we are trying to help everyone and thus this "one help" need to be demanded then god help that person.
Understood, we all may have problems but those could be solved with whatever our share of work we can do to support this cause.
If someone says that they don't know what IV policies and activites are and blames that nobody explained to them. Well... thats a lame excuse. It is very much on the front page of IV
Number is the bargaining power and we are here to bargain. Period.
Yes, u got that right. I am one angry man and regret that what I am doing goes against the spirit of IV.
Now my direct question to you is : are in or are u out?
With people like you on here- I am out too!
singhsa3
01-04 11:15 AM
I have better suggestion. Find work in Detroit, MI . Bring your first wife on H4. Apply for Candian green card. Bring your second wife just across the border in Canada.
In three years you second wife will get candian citizenship. She can then come to the USA on her own accord.
I think all 3 of them (Husband & 2 wives) should apply for their own H1B's and make it here and then apply for separate GC's.
In three years you second wife will get candian citizenship. She can then come to the USA on her own accord.
I think all 3 of them (Husband & 2 wives) should apply for their own H1B's and make it here and then apply for separate GC's.
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