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02-24 10:20 AM
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Paypal transaction ID for this payment is: 67A1893865488893N.
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desi3933
01-30 01:57 PM
Let me add my 2 cents here -
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
unitednations
03-07 01:52 PM
Your Comment on H2B is only right about H2B and doesn't apply on EB green cards. We are people who came on H1B & our Green Cards were sponsored by US employers, we have our Labor & I-140 approved and we are waiting for Visa number assigned to our applications. So you could be comparing apples to peaches...Immigration policies had been hostile in past 12 years and will continue to be same indefinitely...Now our choice is sit back, lie low, keep watching & read Visa predictions indefinitely- may be another decade or 2- or take some steps, which I think, are not going to face much opposition. Also regarding reason behind so many Indians is, that 200K H1B between 1999 and 2002. Even if visa cap is lifted for 2 years that big hump will be crossed, it may smoothen the Visa allocations for Indians.
Some people are floating in Utopia.
Most of us are here on on the ground.
Keep watching the forums and see how many denials have been posted and we are just at the beginning stages... There are many more denials; revocations; dol audits, arrests coming.
While all this is going on; you can continue to push the envelope and try to increase EB greencards, get rid of country quota and loosen up everything.
Some people are floating in Utopia.
Most of us are here on on the ground.
Keep watching the forums and see how many denials have been posted and we are just at the beginning stages... There are many more denials; revocations; dol audits, arrests coming.
While all this is going on; you can continue to push the envelope and try to increase EB greencards, get rid of country quota and loosen up everything.
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gccovet
02-09 02:45 PM
I will mail my $50 Contribution Today.
GO IV GO-
Thanks a lot rvurady14.
GO IV GO-
Thanks a lot rvurady14.
more...
zeta7
03-23 11:54 AM
I would advise not to go for your landing. At this point you need to make a decision whether you want to pursue canadian GC or US GC. If you have applied for 485 then it best that you not do the canadian landing. You may have issues when you come back to US. They may ask you why you went to canada and you cannot lie and have to tell them the truth. This may raise questions on your intent to pursue US GC. It all depends on your luck as to who you get the IO. I have heard of a case where a person got RFE on 485 after completing the landing.
If you still want to do the landing then you should be prepared for RFE or NOID on your 485.
Thanks dingudi. If you know of a solid case where someone was RFE'd because of landing while on 485, then it looks like I might seriously consider abandoning it as well.
One last question: Let's hypothetically say that I do decide to land and somehow manage to get back into the US without any issues using my AP. However, every subsequent time I leave the U.S. and return, I run the risk of getting "caught" at the POE with regards to the 485/Canadian residency conflict. Am I correct in this assessment?
Again, I appreciate your input immensely. Thanks!
If you still want to do the landing then you should be prepared for RFE or NOID on your 485.
Thanks dingudi. If you know of a solid case where someone was RFE'd because of landing while on 485, then it looks like I might seriously consider abandoning it as well.
One last question: Let's hypothetically say that I do decide to land and somehow manage to get back into the US without any issues using my AP. However, every subsequent time I leave the U.S. and return, I run the risk of getting "caught" at the POE with regards to the 485/Canadian residency conflict. Am I correct in this assessment?
Again, I appreciate your input immensely. Thanks!
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?
more...
snhn
09-16 09:47 PM
Does everyone receive FP notices. Couple of my co workers did not recieve them. I just applied. I have told that my name check is cleared
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buddyinsd
08-26 02:52 PM
In the SR, was there any timeframe such as wait for 30/60/90 days?
I sent an email to my congressman immigration staffer on Monday, about my spouse's case ( EB2 I, Dec 2005). Got a snail mail yesterday that they did not get a response and are still waitng for a response. Today, i called their office and they said they got a response and the case is assigned to on officer and wait till September 10th. My wife had spoken to 2 tier support on Auguts 5th who said your case is assigned to an officer and you are pre adjucated. We also got a response to our SR created on August 5th, which says case under review. I guess the wait goes on.
I sent an email to my congressman immigration staffer on Monday, about my spouse's case ( EB2 I, Dec 2005). Got a snail mail yesterday that they did not get a response and are still waitng for a response. Today, i called their office and they said they got a response and the case is assigned to on officer and wait till September 10th. My wife had spoken to 2 tier support on Auguts 5th who said your case is assigned to an officer and you are pre adjucated. We also got a response to our SR created on August 5th, which says case under review. I guess the wait goes on.
more...
zeta7
03-22 11:33 PM
Guys,
I'm in pretty much in the same boat as some of the other posters here. I don't have a valid H1b in my passport, I-140/I-485 is pending. EAD/AP is approved. My landing visa for Canada expires in May.
Has anyone tried landing and returning to the U.S. while on pending I-485 by utilizing their AP yet? Any issues? I expect my POE to be Chicago. Any information would be much appreciated.
This is driving me nuts. I really *really* don't want to abandon the Canada option, but the information I've come across on the forums have left me very apprehensive. I applied for Canadian Residency so that I could sleep a little better at night for the next three years, but looks like I bargained for nightmares instead!
Awaiting your responses. Thanks guys...
I'm in pretty much in the same boat as some of the other posters here. I don't have a valid H1b in my passport, I-140/I-485 is pending. EAD/AP is approved. My landing visa for Canada expires in May.
Has anyone tried landing and returning to the U.S. while on pending I-485 by utilizing their AP yet? Any issues? I expect my POE to be Chicago. Any information would be much appreciated.
This is driving me nuts. I really *really* don't want to abandon the Canada option, but the information I've come across on the forums have left me very apprehensive. I applied for Canadian Residency so that I could sleep a little better at night for the next three years, but looks like I bargained for nightmares instead!
Awaiting your responses. Thanks guys...
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amitjoey
11-17 03:48 PM
Lets do this. Please get involved. Please post if you have already sent this email, that will be encouraging for others to do it. Also, We can build a strong momentum if this thread immediately starts running into 100's of pages.
more...
desi3933
07-09 03:17 PM
Oh yeah. All big time consulting companies must lay off foreign workers then, myself included. My perm was filed as IT programmer, IT consultants job code. So am I not a full time employee of consulting company? Is USCIS fool to approve my I140? Not once but twice!
Two things
1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
2. PERM can only be filed for job that are permanent and full time.
.
Two things
1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
2. PERM can only be filed for job that are permanent and full time.
.
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rustum
08-28 01:13 AM
Count me in this boat.
140 filed 05/25/2007 pending at NSC
485,765 and 131 filed on 07/27/2007 at NSC.
Dont know about checks as it was filed by company lawyers.
Thanks.
140 filed 05/25/2007 pending at NSC
485,765 and 131 filed on 07/27/2007 at NSC.
Dont know about checks as it was filed by company lawyers.
Thanks.
more...
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amitjoey
05-23 11:39 AM
Hi,
It took me a while since their lines are busy. I sent faxes to my local senators and to those:
Patrick J. Leahy http://leahy.senate.gov/contact.html
Arlen Specter http://specter.senate.gov/index.cfm?...ntactInfo.Home
Chuck Hagel http://hagel.senate.gov/index.cfm?Fu...n=Contact.Home
John Cornyn http://cornyn.senate.gov/index.asp?f...&lid=1#contact
Harry Reid http://reid.senate.gov/contact/email_form.cfm
Mitch McConnell http://mcconnell.senate.gov/contact_form.cfm
Mel Martinez http://martinez.senate.gov/public/in...TOKEN=66357958
Trent Lott http://lott.senate.gov/index.cfm?Fus...=Contact.Email
Lindsey Graham http://lgraham.senate.gov/index.cfm?mode=contactform
I created a personal 1-page fax based on IV template and asked to include:
1. More immigrant visas for those who are in the queue alredy(employment based)
2. Asked for easy H1B 3-year extensions like in the present law
3. Allow to file I485 without visa numbers
4. Showed how illegals are being rewarded for breaking the laws, and how the legals are being punished by current bill.
Guys, it may take a while, but do e-mails and faxes. The hardest fax to reach was sen. Reid's office.
Go IV go....
Thanks for putting all the websites together.
It took me a while since their lines are busy. I sent faxes to my local senators and to those:
Patrick J. Leahy http://leahy.senate.gov/contact.html
Arlen Specter http://specter.senate.gov/index.cfm?...ntactInfo.Home
Chuck Hagel http://hagel.senate.gov/index.cfm?Fu...n=Contact.Home
John Cornyn http://cornyn.senate.gov/index.asp?f...&lid=1#contact
Harry Reid http://reid.senate.gov/contact/email_form.cfm
Mitch McConnell http://mcconnell.senate.gov/contact_form.cfm
Mel Martinez http://martinez.senate.gov/public/in...TOKEN=66357958
Trent Lott http://lott.senate.gov/index.cfm?Fus...=Contact.Email
Lindsey Graham http://lgraham.senate.gov/index.cfm?mode=contactform
I created a personal 1-page fax based on IV template and asked to include:
1. More immigrant visas for those who are in the queue alredy(employment based)
2. Asked for easy H1B 3-year extensions like in the present law
3. Allow to file I485 without visa numbers
4. Showed how illegals are being rewarded for breaking the laws, and how the legals are being punished by current bill.
Guys, it may take a while, but do e-mails and faxes. The hardest fax to reach was sen. Reid's office.
Go IV go....
Thanks for putting all the websites together.
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iam4u4ever
09-29 04:31 PM
By Self employment, do you mean working on 1099 or by starting a business and working for it?
By self employment I mean Starting a business of my own and working for it. ?
Also what if ( a big if ) somebody has an already existing profit making business and wants to work for it ?
thanks
By self employment I mean Starting a business of my own and working for it. ?
Also what if ( a big if ) somebody has an already existing profit making business and wants to work for it ?
thanks
more...
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santhi_krishna
08-13 11:06 PM
Congrats! Can you please tell us where your I140 was approved from. Are the checks cashed?
My I140 is pending with NSC since Jan 2007. My attorney issued the checks, So I don't know whether the checks cashed or not.
My I140 is pending with NSC since Jan 2007. My attorney issued the checks, So I don't know whether the checks cashed or not.
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sukhwinderd
02-02 08:40 AM
can we have fliers ready (as someone suggested is some other post), to increase aawareness, so that we can post it in indian stores, gurudwaras, mandirs etc.
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GCBy3000
05-02 02:47 PM
Hm....
Then what is the real need of Eb2 and Eb1 if everything is going to flow to Eb3?
Technically under which conditions and criteria Eb1 and Eb2 would be applicable?
Then what is the real need of Eb2 and Eb1 if everything is going to flow to Eb3?
Technically under which conditions and criteria Eb1 and Eb2 would be applicable?
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asdfred
08-04 01:24 PM
applied 19th june
TSC
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LUD on 21st june
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TSC
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aquarianf
04-24 11:29 AM
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
gc_on_demand
05-01 02:13 PM
Not sure I understand your scenario.
Why would the dependent not file AOS at all ? Are you refering to CP ?
My good faith best understanding is FB2 is not far behind. please refer VB.
There may be a chance that Eb2 india will touch 2008 in a year. and F2b will be at 2006. How dependet can file 485 as if they counted against F2A their date is not current.
Why would the dependent not file AOS at all ? Are you refering to CP ?
My good faith best understanding is FB2 is not far behind. please refer VB.
There may be a chance that Eb2 india will touch 2008 in a year. and F2b will be at 2006. How dependet can file 485 as if they counted against F2A their date is not current.
WaitingYaar
02-07 11:21 AM
If you use AP you enter the US as a "parolee". (Is that how you spell it?).
If you use AVR I believe you enter as an H1B. I would prefer to enter as an H1B
since I have not yet used my EAD or AC21.
To clarify - are you suggesting that it is advisable to use AVR if you have both AP and AVR, and you have not used EAD or AC21 so far. Also, my spouse and myself could be returning at different times in to the country from Canada. Does this change the preference of using either AVR or AP. Since I am the primary applicant but of course we plan to land together.
If you use AVR I believe you enter as an H1B. I would prefer to enter as an H1B
since I have not yet used my EAD or AC21.
To clarify - are you suggesting that it is advisable to use AVR if you have both AP and AVR, and you have not used EAD or AC21 so far. Also, my spouse and myself could be returning at different times in to the country from Canada. Does this change the preference of using either AVR or AP. Since I am the primary applicant but of course we plan to land together.
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