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Eternal_Hope

04-22 03:55 PM

This should also act as an eyeopener for those people on H-1B who are just about now starting their GC process. Such people can forget getting a GC for the next 12-15 years.

If you are young (in late 20s), you should reevaluate this whole idea of coming here on EB GC. It maynot be worth the wait and the suffering.

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I think I will change my ID to "(Non)Eternal_Hope"

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ghost

07-12 07:55 PM

1) 140 MUST be approved for your 5-26-01 application with your old company.

2) With your new company, get your LC approved under PERM

3) While applying for 140 with your new company, use your old company's 140 to port your 5-26-01 priority date.

Good Luck.

PS: Murthy version is reliable compared to Khanna, it is better to apply for porting during 140 stage rather than 485 stage.



Hi Friends My lc approved under 245i 05-26-01 world wide,my question is if I file perm with new company and if Ican get 140 approved can I use my old priority lc number and apply for 485.PLEASE HELP THANKYOU.

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CRAZYMONK

04-07 11:49 AM

Hi,

I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?

Thank you very much.

Regards,
Venkat.

Which state you are in?

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fromnaija

07-23 12:45 AM

CSPA is the law that tries to protect dependant children from aging out. If you are over 21 at the time priority date becomes current, USCIS will deduct from your age the time I-140 was pending. Howver, if your age is more than 21 even after all the calculations, then your application will be converted to family-based. This will mean you will not be getting your green card very soon. I believe that in your case you should be eligible for an immigrant visa given the data you provided.

yes we already have an attorney in US

i want to ask what if the age is 21 or greater than 21 b4 priority dates became current?

what is the solution then?

does CSPA automatically protects and applies and help the children who aged out or they should have filled some forms for seeking the help?

does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?

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vivekjay

03-05 04:20 PM

This is a classic example of election year posturing where republicans want to look tough on immigration. This bill will head straight down the trash.

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sonu9

07-30 12:45 PM

hi thank you . yes we can, receiving letters from "x" address is not at all problem then is it fine to put X adress ? no problem right ? thank you once again.

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GCwaitforever

02-02 03:05 PM

Summary: It is good to work for USCIS or FBI. There is loads of overtime while in service and even after retirement they fall on your feet to do more work. :D;)

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n_2006

06-20 02:30 PM

As you are joining employer to file 485 negotiate so that you can file on your own. Get all the documents you needed and then join that company. Coz he can make good money over these 6 months there is no reason for him to refuse.

Please admin I need help here. I am leaving my best job and going back to join worst desi employer just to file for 485. But I am scared to death what if he denies to file my 485? what are the documents needed if he denies?
Otherwise I will be from nowhere .

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meet

08-31 09:36 PM

Please do reply to my queries...........

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krishnam70

03-26 12:41 AM

I just got approved for my 3 year extension I am on my 7 th year now.
I just got a request from HR saying that I need to sign a promissory note for the total amount spent by my employer on H1b realted fees.

So in short they are asking me to sing the promissory note to get reimbursement for part of the lawyer fees I had paid for this visa extension.

Here are the important points:
0. Total amount is like $3K.
1. 50% owed after 1 year
2. 0% owed after two years of service.
3. 100% owed when employment is terminated by either party :-0
4. 10% per annum interest after the 31st day of termination.

Is this even legal , or it lies in the gray areas for any body to interpret anything they want.
I dont care about the money, but I think this is borderline harassment.

Note:This is not a desi consulting co.


-R

Employer cannot charge for H1b related expenses or GC expenses. It is illegal to do so and if reported could result in blackisting. IN fact I encourage you to do so

- cheers
kris

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funny

09-30 05:07 PM

There is some potential good news on the horizon. DHS just published a notice (http://www.regulations.gov/fdmspubli...0000648072c5eb) that they intend to consolidate three of ancient CIS electronic record systems into a new database. Hopefully, this new database will yield the data the Visa Office needs.

Right now, the CIS does not have any comprehensive database that shows how many AOS cases are pending by preference classification, priority date, and country of chargeability. The new database that is supposed to become operational within the next ten days contains information gathered from the many independent CIS databases. Supposedly, this new database will show all of this information.

Once the CIS is able to provide the State Department with this information, the Visa Office will then (for the first time) have accurate information as to the actual demand for immigrant visas. They will then be able to make more accurate adjustments to the cutoff dates in the Visa Bulletin. For some time now, they have been flying blind without accurate information.

CREDIT:RON GOTCHER


I don't see anythig useful whan i click on this link

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ajju

09-08 12:26 PM

Dear All:

Need your advice. Filed I-485 on July 5th. I-140 is approved. Working with the employer for 6 yrs. Now that I filed for final stage, my employer wants me to sign a contract voluntarily that I should stay with them for 24 months. What are my legal options in state of CA? He wants to get 20K if I leave earlier than contract term. I signed it since he threatened me to revoke I-140. Can I backout after portability law kicks in.

Thanks in advance.

Check with a good attorney like Sheela Murthy or Rajiv Khanna after 6 months... Until then you really don't have any choice... I am surprised to see that you worked for this employer for last 6 years and this is the state of your relationship... Did he paid for all the legal fees or was it paid by you??

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abcdefgh

01-23 03:26 PM

Hats off to IV core!!

Thanks a bunch!!

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gc_lover

07-09 10:20 AM

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Stay as far away from Aequor as you can. They once offered me a 35K job in NJ. Thats a lot of money in NJ I have no place to store that kind of wealth!

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upuaut

08-16 06:58 AM

I wouldn't export it from photoshop at all.
Are you sure the tutorial called for you to export from photoshop? Can you provide a link to the tut?

I would:
Save for web as a png or a jpg, depending upon which looks better. Then choose "import" in Flash to import the object. I'm not 100% sure, but I think that you can directly import photoshop files into Flash as well. This could be useful if you have a many layered photoshop file which contains things like imported illustrator elements and such. I believe that the import keeps all the layers in place, as grouped object.

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Kitiara

10-18 05:35 AM

When you use Fireworks to make your animation, try converting to a symbol and using a tween, as in Flash...

I don't know if these things are tweenable... Alright, look I've attached one of the animated gifs to this post, so you can see what I mean. I've got this one down to 20K, but I need to make it lower. I haven't got much knowledge of Fireworks (at least not on the animating side), - I've found the Convert To Symbol thing, but it doesn't seem to reduce the file size. Each frame was originally a .psd, which was then Saved For Web as a gif, opened into Fireworks, then pasted into the animation.

Any ideas, bright spark? :)

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gc_lover

07-23 08:04 PM

This is FAQ from USCIS website:

Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.

-----------------------------------------------

Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?

Thanks

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panacea

08-09 07:57 PM

anybody? I'm also in similar kind of situation.

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rameshk75

05-23 02:35 PM

I have filed 485/EAD/AP in Aug'07 and changed the address online using AR11 followed by the petitions for 485/EAD/AP for my self and the dependant.

Got confirmation in mail for all the pending petitions after 2 weeks. I have NOT called the USCIS office for the address change.

Hope this helps !!

Kunal,
please contribute for the funding drive if you have not yet...help IV to achieve the success for all US !!

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nashim

06-06 04:38 PM

I am in the similar situation but we never know when and what documents are needed since every day immigration law is changing, keeping that in mind, I renewed mine and my spouse�s EAD

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Blog Feeds

02-05 06:40 PM

AILA Leadership Has Just Posted the Following:



By Eleanor Pelta, AILA First Vice President

H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.

But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.

Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.

How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement�the Department of Labor�but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.

Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.

It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA�these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.

And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.


The assault on H-1B's is not only offensive, it's dangerous. Here's why:




H-1B's create jobs�statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers�this is lost when companies are discouraged from using the program.
The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India �one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
Whatever the cause of the visceral reaction against H-1B workers might be�whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy �I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
https://blogger.googleusercontent.com/tracker/186823568153827945-7575642888668204601?l=ailaleadership.blogspot.com


More... (http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html)

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