Tuesday, June 14, 2011

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  • chanduv23
    06-06 11:34 PM
    Hi
    I am trying to do a H1B transfer from my current employer.I am searching for a good employer(consulting firm) in Atlanta,GA area..

    Can anyone advise me on a good employer.I heard that Pyramid Consulting is one big vendor in atlanta..Any inputs about Pyramid is greatly appreciated..Or any other good vendors in atlanta area?

    Thanks
    kp

    If you are using AC21, why falling into this consulting trap again? Unless they find you a project, why go behind them? Doing a h1b transfer through a consulting company may look like a safety net but it obviously has its own set of problems. AC21 works just fine and one need not worry too much about it. A lot of people using AC21 and want to work on contract jobs actually contract out through their own corp.




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  • nixstor
    08-14 04:25 PM
    Called 6 different operators at the USCIS and got different answers (atleast they are consistently inconsistent!)

    2 Said it is perfectly fine as long as the amount is correct
    3 said they prefer seperate checks but if the amount is correct they will accept it
    1 said they will reject the whole package.

    On a lighter note i spoke to one really sweet lady when my call was escalated. All i wanted to ask was about the checks, but she (very enthusiastically) looked up my information and informed me that i was not in the system yet and actually apologised to me. Now i KNOW she looked it up coz she got my middle and company names right even without my telling her that. She even said she has received a few calls today and the guy b4 me was a lucky caller as he was in the system as of Aug 8.

    Called 6 different operators today? Wow!




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  • glamzon
    07-19 10:59 PM
    Chicago - Yes (Hope Exists)
    Atlanta - No




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  • desi3933
    05-14 01:33 PM
    H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?

    http://www.murthy.com/news/n_cosapp.html

    Thanks..

    Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.

    In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.

    However, please keep this mind (mentioned in that link)

    This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.


    Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.

    Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.

    ______________________
    Not a legal advice.
    US citizen of Indian origin

    .



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  • GCSOON-Ihope
    11-03 04:04 PM
    Hi,

    I'm on H1b visa. My employer refuses to pay for my medical insurance. Does anyone know if this is legal?

    Thanks.

    Is medical coverage provided by the company to all other employees?
    If so, there is no reason why you should be denied coverage, H1 or not...
    Otherwise, there is no legal obligation from the employer to provide medical insurance to his employees.
    Welcome to America.




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  • ch_murthy
    06-08 06:20 PM
    Hi
    I wanted to know how long it took for I-140 approval. I also got Labor by PERM filed in Dec05 and will be filing I-140, EB2.

    Thanks

    Mine filed on March 6th and got approved on May 25th.:)



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  • natrajs
    08-21 12:07 PM
    Best Wishes and Good Luck




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  • reachinus
    10-31 12:40 PM
    I am not sure what you want to say over here...
    I told you are wrong in saying that they may issue the I-94 till the expiry of the Visa Stamp.

    Well. In non-immigrant visa admissions at POE, ICE officers has their own "power" in determining the period of stay. Even if anyone has 10 year visa stamp, they can admit only for 10 days if they want; no one can argue/challange it at POE. Further truth is; even they can deny admission to GC holder if they want or if they found something fishy. Nothing is guarentee at POE as well as in consulate for getting non-immigrant visa. So, the departure date in latest I-94 is the important date to comply with (to leave US or extend on time).



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  • ash27
    07-17 02:55 PM
    Guys,
    We need to ignore postings from Rockford. He is just trying to spread unnecessary rumors to gain attention. What a shame

    we really have to be morons to take anynonymous comments at face-value.

    or did you post the comments yourself and like the attention?




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  • wellwishergc
    04-03 09:50 AM
    I think, it makes more sense for us to strive for 'I-485 filing without PD being current' and 'removal of hard country quota' issues rather than striving for the 'self GC application'..

    Let us focus on issues which is an extension of the current framework for legal immigration. I do not think it will be in our interest to compare our provisions with the ones of undocumented workers.

    Just my opinion!!!; IV core team can best decide on the approach. Is there any updates on our attempts to ammend for the 'I-485 filing clause' and the 'removal of hard country quota' clause?


    Yes if you are able to prove your illegal stay here and willing to wait for 6 years before applying for your GC, then you can do go this route. Also remember, it is possible that as of now there is no specific category under which these undocumented people can file their GCs. It is possible that you might have to wait another god know how many years before you actually get it.



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  • optimystic
    09-21 11:59 PM
    Several people have said the need and craving for GC is just in one's state of mind. And that one can do a lot of things without GC, move around freely with EAD+AC21 and that even after getting GC , people who have no drive/vision/talent, will see no sudden change/bright future just because now they have GC in hand.

    I agree with all the above arguments.

    But I also want to add that having GC or for that matter having anything (like money, good wife/family, good job) etc is about having MORE options and FREEDOM of choice at your disposal, and less things to worry about.


    While EAD+AC21 gives you a lot of freedom
    You still have to worry about
    - Timely renewal of EAD
    - Timely renewal of AP
    - Worry about being hassled when entering via AP.
    - Not able to do a second side job
    etc
    Others can say that people who worry, always have reasons to worry. And I don't debate that :) . But bottom line, its about having more options at your disposal. May be not everyone will use those options effectively once its in their hands. But to those who want to, and capable of using them, its a loss by not having those options in hand.

    Thats what GC means to me.


    On the other hand...Its just the current state of mind...

    You are asking 'What is GC, is it worth it?'. But you don't ask the same thing about other things...like 'What is Money, is it worth it?' !! 'What is family, is it worth it?'

    But people do enter a state of mind, where other things become more important to them than what is important to you or me (like money, family....GC etc).

    Vivekanada was a wealthy , happily married Narendranath at one point in his life. But after he met Paramahamsa and got set on spiritual path, he renounced money (!), family (!!) and everything else...for what his mind was set on at that time. I am sure he would have asked himself "What is money?" , "What is family" ?

    You or me may never reach that kind of "Viragya", but I am sure we will pass thru stages in life, where GC, or Money, or Cozy life in US will mean nothing to us. All you want might be to have a good health, peaceful retirement, be close to your wife, and close to your son/daughter/grandkids who may be far away from you like you now are far from your parents !

    Despite being aware of all this, I am sure tomorrow you and I are going to log in to IV for some interesting bit of info, going to check for LUD, or check the processing/visa date bulletin. Thats because we are human. And I am not ashamed of it because I know I am not obsessive about it, atleast not yet :)




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  • hibhagya
    05-15 12:03 PM
    Great job and hope the current immigrations bill will pass this year.



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  • senthil1
    05-09 11:58 PM
    As for as I knw You can be out of job for any period in EAD. But when they process I485 you need to be in the job. Many unemployed persons are getting GC interview. If you do not get RFE or interview then it is ok even if you are unemployed at the time of receiving gc.




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  • vsc
    01-31 06:44 PM
    thanks for the reply..this means having a dependent visa is the key at the time of approval..

    if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?



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  • pappu
    08-11 01:12 PM
    Immigration Voice would like to thank its members for their continued support and dedication. Your contributions and volunteer efforts will enable us to work towards solving the issues that we all face during our employment based green card process.

    The 2009 Ombudsman report released at the end of June 09, confirms the grim future that we conveyed to our members in the last newsletter. If no action is taken by the legislature, heavily retrogressed nationalities of India and China have an upwards of 10 to 20 years of wait ahead of them. The time to act is now. We cannot sit back and relax and hope for something good to happen. We have to act in order for favorable things to happen. To that end, we would like to impress upon our members the significance of our latest Advocacy Action Item
    ================================================== ====================================

    IV Advocacy Action Item August 2009

    The future is not in the hands of fate, but in ours. The summer August recess is here and the lawmakers are back in their constituencies. This is an opportunity for us to meet with them and address our issues and present solutions in preparation for the upcoming CIR. We must push for our agenda to get our provisions in the base bill as CIR is being drafted currently. If we do not get our provisions in the base bill then it is much harder to get them attached to the bill in the form of amendments.

    IV therefore requests its members, to call up and start scheduling lawmaker meetings NOW. Please take appointments with your local lawmakers of both houses of Congress. You can find more information about how to reach your lawmaker in this guide http://immigrationvoice.org/media/HowTo_Guide_MeetLawmakers.doc
    We are organizing national and state level calls to coordinate this effort. You will be given detailed instructions on how to schedule meetings, what to carry, and most importantly present the IV community’s agenda and present solutions. We have scheduled two nationwide calls on August 11 and 12 to get everyone started on this action item. You can find the details of these calls including the dial in numbers from your state chapter or on IV’s Donor Forum.

    To that end, we have created multiple documents and support material that will go into your “Advocacy Packet” for you to carry for these lawmaker meetings. We have also created a Lawmaker Appointment Book http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemi d=36 where you will post the details of your lawmaker appointment and we will provide you with the advocacy packet. The idea is to at least have 2 or more people when going to any meeting with the lawmaker. More details of this action item can be found on this thread : http://immigrationvoice.org/forum/forum85-action-items-for-everyone/294611-iv-action-item-advocacy-month-august-2009-a.html

    In summary there are three parts to this action item

    1) Please start taking the appointments with your lawmakers now. . Once you take the appointment, update the details in the Lawmaker Appointment Book that is available on http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemi d=36 and you will receive the Advocacy Packet that you will need to take to the meetings.

    2) Please attend any one of the following calls to get more details on this action item. These calls will also provide an opportunity for you to ask questions and get updates on CIR.
    Call 1:
    Tuesday August 11, 8 PM EST

    Call 2
    Wednesday August 12, 9 PM EST

    3) Once you have your meetings, please email the details and feedback to info@immigrationvoice.org to help us follow up with their DC office with your feedback. Your detailed feedback will also help other members in their upcoming meetings with their representatives.

    We must push ourselves harder and stronger in this month if we have to see the light at the end of the tunnel. Advocacy is an integral, essential and important part of democracy and we must exercise our first amendment right to demonstrate that we not only are highly skilled and are high income individuals but we are truly the best and the brightest Future Americans.
    ================================================== ========================================

    Democracy, Advocacy and You

    Each one of you can be an advocate for the change you seek. Advocacy is not just for lawyers and lobbyists. You do not need to be a member of a bar association or hold a JD (law degree). Advocacy is not something that can only be done by the wealthy and the powerful. The power of American democracy lies in the right to petition the government in a peaceful manner to redress grievances and advocate for change. It is a right given to every person on US soil by the first amendment in the constitution. Peaceful and legitimate advocacy is an essential part of a democratic society. There is nothing to be afraid of. Just because you call your local lawmaker’s office or send them an email or a fax or meet them to make your case, your pending green card is not going to be in jeopardy. We must understand that we cannot talk about frustrations and ideas on the message boards and forums without following through on those words by meeting our lawmakers. Words without action are futile.

    Without any legislative action from congress, we all have a decade plus wait lying ahead of us. The retrogression is a reality and the nationality doesn’t matter. The priority date of your EB category doesn’t matter. Time to act is now. As the summer recess approaches for the congress in the month of august, the lawmakers will be back in their constituencies. This gives us an opportunity to meet with them as their constituents and make our case for our provisions to be included in the upcoming Comprehensive Immigration Reform. We have prepared an advocacy packet for you. Detailed instructions on how to set up meetings with your members of congress are included in it along with the supporting documents to make our case for Employment Based Green Card reforms.

    Immigration Voice Advocacy is a grassroots effort. Each one of you must become an advocate for the change we seek. Together, we will bring America out of the current economic recession and strengthen the national security. As a highly educated and highly skilled future American living in this country legally, we must petition the lawmakers to address our issues and present the solutions. We hope that you put action behind your words and passion.

    Thank You
    Immigration Voice




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  • sandy_anand
    04-08 05:11 PM
    Well glad that at least all the lawyers' websites experienced lots of traffic these past few days. Happy for them. Only visible benefit from Mr.Oppenheim's dramatic announcement about the 12000 additional visas. :rolleyes:



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  • thomachan72
    04-12 08:28 AM
    Hi guys,
    I am a new bie but in deep trouble,
    My case is like this

    Have valid I-797 - till - Jan 16,2009 ( now expired right )
    Valid I-94 - till -Jan 24 , 2009 ( now expired right )
    Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
    Applied for premium in -- Feb 26, 2009
    RFE -- Mar 2, 2009
    Denied -- Mar 31,2009

    Trying to transfer my H1- to another product company under premium.


    I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,

    Please correct me if this is incorrect ???? gurus please help me,

    As I know I dont have any status but denial letter says appeal with in 33 days.

    Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.

    Is it possible to transfer with out appeal or MTR for the current denial ?


    Please advice, as I am already running out of time....



    thanks
    jvs

    very sorry to hear about that. why dont you go for an apeal? what was the reason for denial? what was the RFE for? was this your first extension? give us more details to analyze the situation.




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  • jkays94
    05-04 02:17 PM
    Here are the relevant parts of the transcript (http://transcripts.cnn.com/TRANSCRIPTS/0605/03/acd.01.html) :

    COOPER: Rising gas prices aren't the only thing causing heartburn this election year. Immigration reform is close behind. The battle at the border has spread into the heartland and across the country. Some politicians already paying the price. Ahead, we'll get a reality check from the best political team around.

    Plus, a brazen break in the border. They've actually poured concrete here and they've formed steps which makes it easier for whoever was bringing drugs into the United States, actually climb up through the tunnel.

    Tunnel built by drug runners. We showed it to you back in January. Now there's a new development in the story. What's going to happen to the tunnel? We'll bring you the latest next on 360.

    (COMMERCIAL BREAK)

    COOPER: Those pictures, of course, from Monday's massive immigration demonstrations. Hundreds of thousands of illegal immigrants and their supporters in the streets. They wanted to show their economic power. They hoped that would translate into political power. But now some critics are saying it's actually had the opposite effect, creating a backlash. And in at least one city so far the issue has already cost a Mayor his job. Here's CNN's Candy Crowley.

    (BEGIN VIDEOTAPE)

    CANDY CROWLEY, SENIOR POLITICAL CORRESPONDENT: This is where day laborers, mostly immigrants, legal and not, hang out looking for work in Herndon, Virginia. It may not look like an election issue, but last night, voters threw out their mayor and two city council members who pushed for the day labor center. This is the new mayor.

    STEVE DEBENEDITTIS, HERNDON VIRGINIA MAYOR-ELECT: Welcome immigrants, but they have concerns, valid concerns, about illegal immigration.

    CROWLEY: Fewer than 3,000 people voted in Herndon. Just about 24 hours after the nation watched hundreds of thousands of immigrants, legal and not, demonstrate across the country.

    FRANK SHARRY, EXEC. DIR., NATIONAL IMMIGRATION FORUM: I've never known a politician who wasn't attracted to a large crowd. And these have been some pretty large crowds.

    CROWLEY: True enough, it was evidence that the immigrant community can galvanize itself. The question is, to what end? Congress is reading the tea leaves.

    SEN. HARRY REID, (D) MINORITY LEADER: I personally believe very, very fervently that they have helped, helped picture this issue in the minds of the American people in a positive fashion.

    CROWLEY: Tea leaf reading is not an exact science, particularly in an election year where frankly democrats would be better off if the republican-led congress did nothing.

    SHARRY: I think the congress is going to have a lot of explaining to do if they don't end this session with a good comprehensive bill.

    CROWLEY: Republicans desperate for something to tout as accomplishment, anxious not to alienate core conservative voters, are afraid the demonstrations harden conservative opposition to anything that smacks of a break for illegals. SEN. MEL MARTINEZ, (R) FLORIDA: I believe at the end of the day we'll see that it really had a negative effect and it backfired on those of us who are trying to move forward something that is comprehensive but yet in middle course.

    CROWLEY: Senator Mel Martinez of Florida says since Monday's demonstrations calls to his office have run 10 to 1 against his bill providing tougher border security and a pathway to citizenship after hurdles are jumped.

    JOHN FUNU, WALL STREET JOURNAL: The boycott has so heated up the measure that we're not going to have any bill this year. It's simply poisoned the well.

    CROWLEY: As Washington lawmakers struggle with the political weight of all those demonstrations --

    SEN. JOHN CORNYN, (R) TEXAS: It wasn't clear exactly what the message was. And I think in some ways it tended to polarize people.

    CROWLEY: Herndon, Virginia, is already discussing changes to ensure the day labor center cannot be used by illegals. The problem with tea leaves is, you never know which ones to read. Candy Crowley, CNN, Washington.

    (END VIDEOTAPE)

    COOPER: Well, earlier I spoke with Candy Crowley along with John Roberts and John King, part of the best political team on television.

    (BEGIN VIDEOTAPE)

    COOPER: John Roberts, what are the prospects for getting immigration reform this year?

    JOHN ROBERTS, SR. NATIONAL CORRESPONDENT: That would depend on who you talk to. Some republicans who want to put a good spin on this say that it's possible that they can get it done. It might even be possible that they could get it done by the August recess. Other people including the White House are much more pessimistic about it saying they don't expect anything to happen until after the November election.

    COOPER: Candy, I mean could these demonstrations really have backfired and derailed a compromised deal, even among those who support some sort of reform?

    CROWLEY: Absolutely. I mean, the problem really is, first of all, the politics are that the democrats would rather have the issue at this point because it's an election year than a bill. The republicans would like a bill because it will be an accomplishment, but they have problems with their conservative core. And the people we talked to said listen, the demonstrations backfired. It left -- people looked and said well they're not working, and they're out demonstrating. You know, fair or not, the conservative core sort of toughened up. It seemed to have hardened both sides of this debate. COOPER: John King, a lot of talk, too about all the Mexican flags out in the street. Obviously there were a lot of American flags where organizers really tried to get American flags out there. But that certainly angers a lot of people. What are you hearing from the people you talked to in Washington?

    JOHN KING, CHIEF NATIONAL CORRESPONDENT: Well, that tactic, as Candy just noted, there is a backfiring from these demonstrations. And that tactic in particular has emboldened conservatives. Remember the key question here is, if they can get a bill through the senate, can they then get the house to embrace a more liberal immigration policy? The house members, most are from safe conservative districts. And back home in their districts they didn't feel all that much pressure to begin with. And what they are saying now is that this sends an anti-American signal.
    If these people want legal status in the United States, they should be holding American flags, they should be demonstrating for rights in the United States not celebrating Mexico or El Salvador. So to that degree, while the masses in the streets certainly showed the emerging political power and potential political power of the Latino vote, that symbol has helped the opponents of this measure especially in the house. It has simply stiffened the resolve of conservatives who say no to any new broad immigration reform.




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  • kumar1305
    09-23 08:12 AM
    As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....


    It�s not India or China who asked for globalization. It was America who wants to sell their products throughout the world.

    No matter how many bills these Senators may make they are not going to stop outsourcing.

    America didn�t develop because of protectionist policies, it grow because it was a free market.




    mirage
    06-11 11:55 AM
    You look very angry. Take a shower. Do you think Core team is there to answer every question that is asked here ? Did you hire them as a full time employee ? How did you reach the conclusion that they are working for their benifit ? Look in to the mirror, ask yourself a question what you have done until now to help yourself to bail out of the mess you are in, I mean what efforts have you made to meet the senators and congressmen of your area, how many people you have influenced to join IV, how much you have contributed to help IV stay afloat. Only if you have satifactory answers to these questions, come back and ask questions.

    I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many ....
    :mad:




    BharatPremi
    10-19 01:40 PM
    LC Salary:- $85,000
    LC Location:- New York

    New Job Salary:- $74,000

    New job Title and Job duties are same.

    Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.

    As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.

    I've consulted few immigration laywer and the opinion differs.

    Experts.... Please help

    My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.

    Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
    your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
    overall job market if DOL has made prevailing wage say for an example "$74K" for the
    same job code now then what? In this case should your AC21 be denied or accepted? If
    some expert can guide us, we would highly appreciate for this scenario.

    Notes:

    1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
    to current wage and 20k bonus if I can.
    2) Geographic location should not matter while changing the employer.



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