desi485
11-10 07:49 PM
I don't know the answer and would be interested to know, however in case if your friend flys via destinations like UK then he might face issues while going back. If the current US visa stamp is expired for an indian citizen, transit visa is needed. So keep that too in mind.
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angelfire76
06-04 03:37 PM
This is a good thing.
These consulting companies who were abusing the visa will be taught a lesson.
People used to complain a lot about desi companies and now when USCIS has finally become tough they are complaining about it.
You cannot have it both ways.
The same RFE is also being issued to companies like Accenture, Deloitte and IBM consulting as long as the keyword "technology services" appears in the petition. How about that? This is not 2nd or 3rd hand news, but the couple of guys and a girl sitting in the cubicles adjacent to mine who work for Deloitte got the same standard RFE. Heck, you can't call them "cheap" labor as most of them drive Beemers or Audis and one of them also has a Masters from Caltech (probably better qualified than you or me Mr. Teli or any of the USCs we have working at the company :rolleyes:)
These consulting companies who were abusing the visa will be taught a lesson.
People used to complain a lot about desi companies and now when USCIS has finally become tough they are complaining about it.
You cannot have it both ways.
The same RFE is also being issued to companies like Accenture, Deloitte and IBM consulting as long as the keyword "technology services" appears in the petition. How about that? This is not 2nd or 3rd hand news, but the couple of guys and a girl sitting in the cubicles adjacent to mine who work for Deloitte got the same standard RFE. Heck, you can't call them "cheap" labor as most of them drive Beemers or Audis and one of them also has a Masters from Caltech (probably better qualified than you or me Mr. Teli or any of the USCs we have working at the company :rolleyes:)
kris04
08-07 08:56 PM
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
how big is your employer, any decent HR software should have compliance system that can handle this legal status issue
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
how big is your employer, any decent HR software should have compliance system that can handle this legal status issue
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leo2606
08-19 06:17 PM
You can print them from the following location.
http://immigrationvoice.org/forum/sh...ad.php?t=12233
Can that flyer / poster be made available to other here?
I was thinkining of posting it in indian stores etc...
http://immigrationvoice.org/forum/sh...ad.php?t=12233
Can that flyer / poster be made available to other here?
I was thinkining of posting it in indian stores etc...
more...
singhsa3
07-18 02:27 PM
I am also mad, people like these abuse the whole system.
Sorry admin, I got mad at this guy.
Sorry admin, I got mad at this guy.
pkv
06-06 04:34 PM
I'm in CA and my I-140 was approved by TSC (E-filing) and I-485 is pending at TSC (was filed at NSC initially).
here are my questions, I need help on...
1. If I file EAD now, where should I file?? TSC or NSC?
2. If its NSC (since I'm live in CA), will this filing trigger transfer of case from TSC to NSC??
who wants to be mess with NSC :)
Thanks,
here are my questions, I need help on...
1. If I file EAD now, where should I file?? TSC or NSC?
2. If its NSC (since I'm live in CA), will this filing trigger transfer of case from TSC to NSC??
who wants to be mess with NSC :)
Thanks,
more...
belmontboy
08-14 09:33 PM
From the link, it appears that the talk here is about filing I-485 even when priority date is not current. That's different from before. Having said that, we'll see when it happens and if anything happens.
Please read properly
from the link:
This proposed rule is intended to streamline adjustment application processing by utilizing a two-step process in which registration packets can be pre-screened for documentary evidence, security checks can be initiated and completed, and pending visa demand can be adequately conveyed to DOS. The DOS will then adjust its Visa Bulletin accordingly and applicants may then proceed forward with filing their I-485s based on visa availability as reflected in the monthly Visa Bulletin.
Please read properly
from the link:
This proposed rule is intended to streamline adjustment application processing by utilizing a two-step process in which registration packets can be pre-screened for documentary evidence, security checks can be initiated and completed, and pending visa demand can be adequately conveyed to DOS. The DOS will then adjust its Visa Bulletin accordingly and applicants may then proceed forward with filing their I-485s based on visa availability as reflected in the monthly Visa Bulletin.
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dilbert_cal
02-09 02:01 AM
I have a question to concerning my employment status. My manager recently told me that I should look out for a new job within company or outside. I am assuming he is saying that a layoff is looming out for me. I am currently on H-1B/EAD and my wife is also working on EAD.
I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.
So which is better, LOA or termination of job? Hard choice..
I doubt you will be allowed to take LOA. The company still has obligations on you when you take LOA - like employee insurance, medical premium, etc. How big the company is also matters. If the company is small and you have the right connections, this may possibly work but I doubt so still.
Your best bet will be to look for another job and take the AC21 route.
I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.
So which is better, LOA or termination of job? Hard choice..
I doubt you will be allowed to take LOA. The company still has obligations on you when you take LOA - like employee insurance, medical premium, etc. How big the company is also matters. If the company is small and you have the right connections, this may possibly work but I doubt so still.
Your best bet will be to look for another job and take the AC21 route.
more...
glus
11-06 02:34 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status. In that case, H1 will be denied because an H1 application while out of status will lead to denial.
She is not out of status. A person who filed I485 can not be out of status. Her status is "adjustee - AOS pending". Thanx.
She is not out of status. A person who filed I485 can not be out of status. Her status is "adjustee - AOS pending". Thanx.
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gcwanter
04-12 11:56 AM
http://ivwiki.com
i believe it was idlinggc
i believe it was idlinggc
more...
bsbawa10
09-10 12:32 PM
I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.
1. Earthquakes
2. Shooting stars and
3. USCIS
1. Earthquakes
2. Shooting stars and
3. USCIS
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frost_oni
04-08 02:16 PM
yes, interesting concept. teh characters are ok, but you gotta work a bit more on the txt...
more...
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dixie
08-18 12:44 PM
There wont be too many takers for this premium processing for EB3. whats the point in getting i-140 in a jiffy if you have to wait 4+ years to file 485 after that ? The only ones it can help are those seeking 3 year extensions and those seeking to change employers.
Hi
http://www.immigration-law.com
--must be of great help
-Rao.
Hi
http://www.immigration-law.com
--must be of great help
-Rao.
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Kushal
07-17 01:53 PM
Not a single contribution by anyone....
I think CORE and all active members should shut this website down right now and let all the non paying members feel the misery without this site...
Order Details - Jul 17, 2007 11:19 AM PDT
Google Order #537910701830239
I think CORE and all active members should shut this website down right now and let all the non paying members feel the misery without this site...
Order Details - Jul 17, 2007 11:19 AM PDT
Google Order #537910701830239
more...
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pthoko
07-05 03:07 PM
Hi All,
Please clarify my doubts if you can.
The G-325A form is asking for dates of previous employment. I have an issue here.....
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, I was not aware of the whole status issue that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
Any advice is appreciated. I'm afraid to talk about this to my current company attorney....
Thanks.
Please clarify my doubts if you can.
The G-325A form is asking for dates of previous employment. I have an issue here.....
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, I was not aware of the whole status issue that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
Any advice is appreciated. I'm afraid to talk about this to my current company attorney....
Thanks.
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royus77
07-10 12:02 PM
Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
Do you have the number of people who held like that ?Most of the people are struck because of the Name Check which USCIS cannt also do any thing because of security .
VB fiasco was done due to the mis communication between DOS and USCIS and it effected nearly 700k people ..thats the reason .No body is paying AILA for the 485 lawsuit
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
Do you have the number of people who held like that ?Most of the people are struck because of the Name Check which USCIS cannt also do any thing because of security .
VB fiasco was done due to the mis communication between DOS and USCIS and it effected nearly 700k people ..thats the reason .No body is paying AILA for the 485 lawsuit
more...
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mariner5555
05-17 09:32 PM
Hello,Our organization is limited to issues with employment based immigration. your friends case seems like a Family based Case and we do not have the right people to help you with your friends situation.
IV'ans - Please refrain from any suggestions towards this
though I can understand the advice ..I don't understand the reasoning ..an immigrant is an immigrant whether it is family or employment ..I would think that IV should try to increase its reach and not become an exclusive club...
Rique ..as far as I can think ..it is a very personal decision ..so it is difficult to give any advice ..maybe a lawyer can help. ofcourse the final decision would have to be taken by your friend.
IV'ans - Please refrain from any suggestions towards this
though I can understand the advice ..I don't understand the reasoning ..an immigrant is an immigrant whether it is family or employment ..I would think that IV should try to increase its reach and not become an exclusive club...
Rique ..as far as I can think ..it is a very personal decision ..so it is difficult to give any advice ..maybe a lawyer can help. ofcourse the final decision would have to be taken by your friend.
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pt326bc
09-27 01:59 PM
Most likely you received the original FP notice and the lawyer received the courtesy copy (like in my case).
You should take the original FP notice (if possible) which is what my lawyer told me; although if your notice doesn't arrive (missing or stolen) then you could take the one which your lawyer received.
Just my 2 cents not a legal opinion.
Regards.
You should take the original FP notice (if possible) which is what my lawyer told me; although if your notice doesn't arrive (missing or stolen) then you could take the one which your lawyer received.
Just my 2 cents not a legal opinion.
Regards.
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nvodela
09-29 02:31 AM
Check your private message
aperregatturv
10-26 04:00 PM
Can I fill AP directly instead of going thru the lawyer?
Thanks
Thanks
dannyvn
06-27 12:21 PM
sameet ... if you had used AP to enter the country then you are on EAD.. isn't it?
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