desi3933
06-28 11:37 AM
However if someone takes the company to court based on "Immigration Reform and Control Act of 1986" vs hiring an H1B, how can the company legally defend itself against this law ?
on what basis?
You need to show legal ground to file the case. First, read I-9 form.
From legal point of view, Employer has no legal obligation to file H-1B for any job applicant. Infact, employer can chose not to file H-1B extension for current employee.
Why don't put your question in attorney forum?
.
on what basis?
You need to show legal ground to file the case. First, read I-9 form.
From legal point of view, Employer has no legal obligation to file H-1B for any job applicant. Infact, employer can chose not to file H-1B extension for current employee.
Why don't put your question in attorney forum?
.
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amitjoey
11-17 03:47 PM
Some of us have established contacts with our local congressional office staff and built a rapport. Should we send those contacts an email with this text?
BharatPremi
03-26 04:55 PM
This is what I don't understand. Priority dates are set so only applications before that date can be approved. Processing dates are not set in that sense of the term.
All uscis does every month when they publish processing dates is look at the Receipt date of the application still pending at the time and publishes that info. So in that sense, "not moving the processing date" does not make sense. Unless you mean they deliberately reduce the number of hours they work so fewer applications are processed.
USCIS deliberately can do many things and is doing. It can transfer files from one center to ther and inroduce the delay. During July 2007 fiassco, many members of IV experienced that files were flying between nebraska and california centers without apparent reason. If you have followed processing dates in past you would surely have obeserved dates not moving at all for months. Does that mean nobody was working at USCIS at that time? No.. What it means - " We have heavy work load and we want to go in particular direction and so we are delaying" - in terms of USCIS. In our interpretation - USCIS does not work and want us to rot forever.
All uscis does every month when they publish processing dates is look at the Receipt date of the application still pending at the time and publishes that info. So in that sense, "not moving the processing date" does not make sense. Unless you mean they deliberately reduce the number of hours they work so fewer applications are processed.
USCIS deliberately can do many things and is doing. It can transfer files from one center to ther and inroduce the delay. During July 2007 fiassco, many members of IV experienced that files were flying between nebraska and california centers without apparent reason. If you have followed processing dates in past you would surely have obeserved dates not moving at all for months. Does that mean nobody was working at USCIS at that time? No.. What it means - " We have heavy work load and we want to go in particular direction and so we are delaying" - in terms of USCIS. In our interpretation - USCIS does not work and want us to rot forever.
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crazy_gc
06-09 06:37 AM
got receipt notice dated 6th of june for 140 premium processing and got call from employer on 8th of june evening saying the case has been approved. approved in less than 3 days.
more...
Saralayar
08-28 03:13 PM
Filed I485/EAD/AP on July 30th @ NSC.
Check cashed :NO
Receipts : NO
can we add two polls within the date subcategories - one which tracks how many people received receipts, and another to check if they are NSC or TSC?
Or are there other polls like this already for July 17 - Aug 17th I 485 Filers?
There is no option to create another poll in the thread.
Check cashed :NO
Receipts : NO
can we add two polls within the date subcategories - one which tracks how many people received receipts, and another to check if they are NSC or TSC?
Or are there other polls like this already for July 17 - Aug 17th I 485 Filers?
There is no option to create another poll in the thread.
pamposh
09-15 11:48 AM
I am happy to see some beginings here.. although we have had many many threads before for this kind of initiative but I see some difference here... Like some others said we need to draft an action plan from A to Z here (understood that it may not be exactly what we would be following over time but), we need some roadmap to follow to reach our target.
I like the idea of collecting info about who is willing to contribute and I am all for it.
btw, option 1 is not an option for me.
Pamposh
I like the idea of collecting info about who is willing to contribute and I am all for it.
btw, option 1 is not an option for me.
Pamposh
more...
desi3933
07-09 03:40 PM
.....
A lot of people do go for self employment so no need to be scared as long as the employment is legitimate.
Thanks Chandu.
This one line summaries well what is needed for Self-Employment.
.
A lot of people do go for self employment so no need to be scared as long as the employment is legitimate.
Thanks Chandu.
This one line summaries well what is needed for Self-Employment.
.
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drirshad
07-04 10:04 PM
Sign the agreement get the GC and use the same agreement to sue the employer ....
Nobody can bind you in US, take care .....
Nobody can bind you in US, take care .....
more...
madhu345
05-06 07:05 AM
The only one thing the nonimmigrants should aware of Mortgage is they can't expect 100% finance, as per my lender we need to make at a minimum 10% down.
-Madhu
Very well said GCBy3000.
I have one question, did you have any trouble while getting mortgage approval? Do you think in the changed scenario in US housing market, people like us will have problems in getting approval b'cos of our residency status and recently tightened regulations?
-Madhu
Very well said GCBy3000.
I have one question, did you have any trouble while getting mortgage approval? Do you think in the changed scenario in US housing market, people like us will have problems in getting approval b'cos of our residency status and recently tightened regulations?
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amitjoey
07-09 09:26 PM
This is great but not at all enough, If major news and print media does not cover this, than this effort will go waste. If it gets unreported, than we have ourselves to blame. The whole point is for this to get covered nationally. Your local news and print media needs to be made aware, if it gets printed enough times, it will be picked up in major news channels. So please email the story, make the reporters aware of this. I know, we have a lot of us that we can write, copy paste the same message. I have a feeling it is going to make a great news story, just want to be doubly sure.
more...
uma77
09-07 04:57 PM
guys,
mine any my wife's application was posted on july 5th, reached nsc on 6th and got the receipts on 4th of sep.
All the best for everyone waiting for receipts and yours will be coming soon.
Uma
mine any my wife's application was posted on july 5th, reached nsc on 6th and got the receipts on 4th of sep.
All the best for everyone waiting for receipts and yours will be coming soon.
Uma
hot I do playing football with my
amitjoey
11-19 05:13 PM
There is a golden opportunity right now for once to reduce/maybe eliminate backlog. We can piggyback on the Dream act- gaining momentum and add just two very uncontentious and related ammendments to benefit us.
Please take the action item seriously and after you have sent emails out, Please encourage others to do the same.
Then take appointments at your congressman/woman/senators office next week. Ask them to support the two ammendments to the DREAM ACT. That is it!!
Do not talk about any other issue while at the appointment, the message we need right now is for them (the lawmakers) is to support those two ammendments, DO NOT DILUTE THE MESSAGE By adding/confusing them with other related issues or personal issues.
Please take the action item seriously and after you have sent emails out, Please encourage others to do the same.
Then take appointments at your congressman/woman/senators office next week. Ask them to support the two ammendments to the DREAM ACT. That is it!!
Do not talk about any other issue while at the appointment, the message we need right now is for them (the lawmakers) is to support those two ammendments, DO NOT DILUTE THE MESSAGE By adding/confusing them with other related issues or personal issues.
more...
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unitednations
03-08 08:22 PM
If many EB3-I folks are getting GCs then why is EB3-I PD stuck in 2001? Shouldn't it move?
One other note; those eb3 to eb2 conversoins original priority dates were 2003 in eb3.
One other note; those eb3 to eb2 conversoins original priority dates were 2003 in eb3.
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akhilmahajan
02-09 12:34 PM
Bump..............
more...
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2ndJuly
08-14 11:43 AM
did you get any email from CRIS? Assuming you had a 'Y' for email.
GCCovet
Yes I got two emails from CRIS for each application as "Card Production Ordered"
and a third email as "Approval Notice Sent"
GCCovet
Yes I got two emails from CRIS for each application as "Card Production Ordered"
and a third email as "Approval Notice Sent"
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gcbikari
04-30 01:38 PM
Any realistic numbers how many EB3 India pending cases are there with PDs in each of 2001, 2002, 2003, 2004 ...
Anyone know any links, USCIS keeps on posting some data all the time.
I can tell you there are roughly 100,000 labor applications filed (50,000 EB3) between Aug 2003 and Dec 2003 for EB India category. The reason was everybody wanted to clear thru regular process before PERM takes over. Those Labors filed after Aug 2003 and before PERM started are moved into backlog and are fully cleary last 4 th quarter. And so 90% of those EB3s may be still there (45,000) hanging. EB2s could have been cleared substantially till Dec 2003. It is all my guess work and not sceintific or factual.
Anyone know any links, USCIS keeps on posting some data all the time.
I can tell you there are roughly 100,000 labor applications filed (50,000 EB3) between Aug 2003 and Dec 2003 for EB India category. The reason was everybody wanted to clear thru regular process before PERM takes over. Those Labors filed after Aug 2003 and before PERM started are moved into backlog and are fully cleary last 4 th quarter. And so 90% of those EB3s may be still there (45,000) hanging. EB2s could have been cleared substantially till Dec 2003. It is all my guess work and not sceintific or factual.
more...
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sk2006
09-03 06:51 PM
sk2006,
Can you provide more details about you PD, RD, ND, category and did you see any soft LUDs before you received your cards in the mail?
Srini.
PD August 2004 EB2 India.
RD 7/24/2007 Nebraska
ND 8/21/2007 Nebraska.
Soft LUD on approved 140 on July 28 2008.
Approved Aug 19. Got welcome & cpo mails on same day. rcvd welcome notice on 25th, Got Cards on 27th.
Can you provide more details about you PD, RD, ND, category and did you see any soft LUDs before you received your cards in the mail?
Srini.
PD August 2004 EB2 India.
RD 7/24/2007 Nebraska
ND 8/21/2007 Nebraska.
Soft LUD on approved 140 on July 28 2008.
Approved Aug 19. Got welcome & cpo mails on same day. rcvd welcome notice on 25th, Got Cards on 27th.
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hiUS
09-03 10:31 AM
Today, I received the approval notice in mail. However I did not get the physical cards. The notice says that I may have to do the biometrics again to get the but need not take any action at this time.
Did you receive the physical cards by now?
My Case:
08/12/08 - Approval Notice Sent message (This is the only message I got)
08/18/08 - Received the Approval notice by post
No cards till now...:confused:
Did you receive the physical cards by now?
My Case:
08/12/08 - Approval Notice Sent message (This is the only message I got)
08/18/08 - Received the Approval notice by post
No cards till now...:confused:
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Green.Tech
02-26 05:48 PM
Green.Tech,
Allow me to ask you this. Why do you waste your time like this? Don't you have anything better to do? This suri guy is a jerk fresh out of PMP some class, and he wants to see a "project plan". Let me send him a power point presentation and Microsoft Projects file about the "project plan" which he wants to see.
Look, you can waste your time for as long as you want, but there will always be jerks who think that advocacy for EB issues is a "project", and at the end of budget and scheduled time, he wants to see the desired output. That' a narrow mind-set of PMP certification, which often do not apply in advocacy campaigns. It's ok, it took me time to understand this, but I had to do my own research to understand this. suri has to do his own research to learn more than his pmp class. You cannot explain it to this suri guy. So my advice to you is, please don't waste your time.
Also, who knows if this suri guy is an agent of some tracker site, just playing his charm to dampen our spirits so that all we do is track our soft LUDs.
.
Sanju,
I couldn't tell from the tone of your message if you were reprimanding me or offering me an advice in good faith. :) Anyway, the optimist in me believes that it was the latter. Thanks for the advice but I do not believe I am wasting my time by answering queries like these from members who think IV is out there to do them a favor at each step without them participating in the march towards the ultimate goal. It's all in one's perception, I guess. Even if I am successful in changing the mindset of one individual in a month, I will happily 'waste' my time on this forum :)
Keep up the good work!
Green.Tech
Allow me to ask you this. Why do you waste your time like this? Don't you have anything better to do? This suri guy is a jerk fresh out of PMP some class, and he wants to see a "project plan". Let me send him a power point presentation and Microsoft Projects file about the "project plan" which he wants to see.
Look, you can waste your time for as long as you want, but there will always be jerks who think that advocacy for EB issues is a "project", and at the end of budget and scheduled time, he wants to see the desired output. That' a narrow mind-set of PMP certification, which often do not apply in advocacy campaigns. It's ok, it took me time to understand this, but I had to do my own research to understand this. suri has to do his own research to learn more than his pmp class. You cannot explain it to this suri guy. So my advice to you is, please don't waste your time.
Also, who knows if this suri guy is an agent of some tracker site, just playing his charm to dampen our spirits so that all we do is track our soft LUDs.
.
Sanju,
I couldn't tell from the tone of your message if you were reprimanding me or offering me an advice in good faith. :) Anyway, the optimist in me believes that it was the latter. Thanks for the advice but I do not believe I am wasting my time by answering queries like these from members who think IV is out there to do them a favor at each step without them participating in the march towards the ultimate goal. It's all in one's perception, I guess. Even if I am successful in changing the mindset of one individual in a month, I will happily 'waste' my time on this forum :)
Keep up the good work!
Green.Tech
desi3933
07-10 12:44 PM
.....
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.
Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?
Permanent means job that is for for a term of indefinite or unlimited duration.
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
.....
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?
AC-21 is not just for changing GC employer.
AC-21 is for
1. H-1B portability - starting new H1-B immediately after filing opf new petition
2. Extension of H-1B beyond 6 years - if labor is pending > 365 days or I-140 is approved/pending. Since each H-1B petition is linked to LCA and LCA is for temp job, each H1 petition is a new or extension of temp job.
3. Changing of GC employer - Please note that you can change your GC employer even without changing job, just by getting job offer from new employer, as GC job is for job starting after I-485 approval.
Do not confuse existing H-1B job with future GC job.
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.
Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?
Permanent means job that is for for a term of indefinite or unlimited duration.
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
.....
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?
AC-21 is not just for changing GC employer.
AC-21 is for
1. H-1B portability - starting new H1-B immediately after filing opf new petition
2. Extension of H-1B beyond 6 years - if labor is pending > 365 days or I-140 is approved/pending. Since each H-1B petition is linked to LCA and LCA is for temp job, each H1 petition is a new or extension of temp job.
3. Changing of GC employer - Please note that you can change your GC employer even without changing job, just by getting job offer from new employer, as GC job is for job starting after I-485 approval.
Do not confuse existing H-1B job with future GC job.
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
kate123
02-09 02:13 PM
25$
Transaction Id: 49C78926VG6647649
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Thank you all,
Keep up the good work.
Transaction Id: 49C78926VG6647649
Contributed via paypal
Thank you all,
Keep up the good work.
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