santb1975
12-20 07:14 PM
I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
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vandanaverdia
09-10 03:16 PM
You have to think twice before you travel out of the country. You cannot travel out of the country freely because you are stuck at some or the other stage of the green card process.
ak_2006
04-08 09:35 AM
Please Participate in this...
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Jaime
09-10 12:54 PM
There are thousands
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gcisadawg
12-14 11:20 PM
kumar1,
I agree to most of the points you wrote. I believe there is one thing that you missed.
H1B is a dual intent visa that allows a foreigner to work in US and also apply for permanent residency. It was originally intended for American companies to hire people from abroad. But how many American companies hire people directly from abroad? Even if there is some, it would be very very minimal.
Body shoppers are the one who take on the difficult task of interviewing/recruiting/sponsoring/air-lifting the foreigner to USA in addition to preparing the candidate to withstand the rigors of a visa interview.
They give initial accommodation (agreed, a 1BR aptmnt cramped with many ppl), pay on bench ( accepted, not all), place the candidate on a project and get the foreigner US work/cultural experience. After they go through the whole nine yards, these American companies jump in and poach these H1Bs.
Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.
That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.
-gcisadawg
I agree to most of the points you wrote. I believe there is one thing that you missed.
H1B is a dual intent visa that allows a foreigner to work in US and also apply for permanent residency. It was originally intended for American companies to hire people from abroad. But how many American companies hire people directly from abroad? Even if there is some, it would be very very minimal.
Body shoppers are the one who take on the difficult task of interviewing/recruiting/sponsoring/air-lifting the foreigner to USA in addition to preparing the candidate to withstand the rigors of a visa interview.
They give initial accommodation (agreed, a 1BR aptmnt cramped with many ppl), pay on bench ( accepted, not all), place the candidate on a project and get the foreigner US work/cultural experience. After they go through the whole nine yards, these American companies jump in and poach these H1Bs.
Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.
That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.
-gcisadawg
rockstart
03-10 03:16 PM
Thank you Saravanaraj that was exactly what I was thinking too but wanted to double check since there were some specific tools mentioned in Column H which I might not use in future. Common sense dictates that it should be similar to the job code and not to those specific tools. I think this will help other in similar boat as well
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Desertfox
12-10 07:06 PM
Hi friends,
I need your help!!!
I'm here at California with L-2 visa. I can stay legally in US but i can not get a SSN number, i can work too.But For a driver license they ask for SSN. Do i still get the Driver License or no?
Thank you very much...
If you have valid L-2 status, you need to apply for your EAD (file I-765 with USCIS) to be able to work legally. Once your I-765 is approved, you will get your EAD card and you will have to take it to your local SSN office and apply for a SSN. Having your EAD (employment authorization) card allows you to apply for a SSN. Also no matter what, you will need a SSN to work legally.
I need your help!!!
I'm here at California with L-2 visa. I can stay legally in US but i can not get a SSN number, i can work too.But For a driver license they ask for SSN. Do i still get the Driver License or no?
Thank you very much...
If you have valid L-2 status, you need to apply for your EAD (file I-765 with USCIS) to be able to work legally. Once your I-765 is approved, you will get your EAD card and you will have to take it to your local SSN office and apply for a SSN. Having your EAD (employment authorization) card allows you to apply for a SSN. Also no matter what, you will need a SSN to work legally.
2010 The Green Hornet (2011) R5 450
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sanjaymk
07-17 06:34 PM
Here is a rough draft of what we could use for the Webfax, please feel free to add/modify and change it to get to the final version. I feel it is a little too long so feel free to suggest your changes.
The Truth Shall Set You Free � Bible.
OR
This country will not be a good place for any of us to live in unless we make it a good place for all of us to live in. ~Theodore Roosevelt
Respected <<Senator>>,
I would like to bring it to your attention some of the false propaganda and myths about highly-skilled H1B workers that are being fabricated and spread among the Senators. Most notable among them is a fax from NumbersUSA organization.
NumbersUSA has been faxing the below document to Senators and Congressman and urging them to vote against the SKIL bill act. I would like to bring it to your attention that this document is filled with blatantly untrue and misleading statements.
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
I would like to take the second point and prove the fallacy of this vicious propoganda.
A simple google search of the key words (alien taxation), leads me to this IRS document http://www.irs.gov/businesses/small/international/article/0,,id=129431,00.html that unambiguously states right at the beginning that
..the controlling principle is that RESIDENT ALIENS are taxed in the same manner as U.S. citizens on their worldwide income
Further links in the same website lucidly and succinctly explains with clear examples the taxes for highly skilled H1B workers(The links to these documents are furnished in the Appendix.)
As a resident of your state I would like my representatives to use their precious votes based on sound facts and information from credible and trustworthy sources, because the last thing a representative would want is their constituents doubting their credibility and decision making.
I sincerely, kindly and respectfully urge you to kindly take this into account while making your decisions in the future.
Respectfully Yours,
<Name>
Appendix.
========
http://www.irs.gov/taxtopics/tc851.html
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html (Example 8 specifically)
================================================== =====
The Truth Shall Set You Free � Bible.
OR
This country will not be a good place for any of us to live in unless we make it a good place for all of us to live in. ~Theodore Roosevelt
Respected <<Senator>>,
I would like to bring it to your attention some of the false propaganda and myths about highly-skilled H1B workers that are being fabricated and spread among the Senators. Most notable among them is a fax from NumbersUSA organization.
NumbersUSA has been faxing the below document to Senators and Congressman and urging them to vote against the SKIL bill act. I would like to bring it to your attention that this document is filled with blatantly untrue and misleading statements.
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
I would like to take the second point and prove the fallacy of this vicious propoganda.
A simple google search of the key words (alien taxation), leads me to this IRS document http://www.irs.gov/businesses/small/international/article/0,,id=129431,00.html that unambiguously states right at the beginning that
..the controlling principle is that RESIDENT ALIENS are taxed in the same manner as U.S. citizens on their worldwide income
Further links in the same website lucidly and succinctly explains with clear examples the taxes for highly skilled H1B workers(The links to these documents are furnished in the Appendix.)
As a resident of your state I would like my representatives to use their precious votes based on sound facts and information from credible and trustworthy sources, because the last thing a representative would want is their constituents doubting their credibility and decision making.
I sincerely, kindly and respectfully urge you to kindly take this into account while making your decisions in the future.
Respectfully Yours,
<Name>
Appendix.
========
http://www.irs.gov/taxtopics/tc851.html
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html (Example 8 specifically)
================================================== =====
more...
rockstart
03-12 08:36 AM
To be able to use the AC21, should the I-140 be already approved for 180 days or more?
No its 180 days since receipt date. It is safe that your I40 be approved but not necessary. The other condition is you are working in same/ similar job profile and you are getting wages equal or higher than what is mentioned in your LCA.
No its 180 days since receipt date. It is safe that your I40 be approved but not necessary. The other condition is you are working in same/ similar job profile and you are getting wages equal or higher than what is mentioned in your LCA.
hair The.Green.Hornet.2011.
battineni
07-13 11:05 AM
Thanks for the information. I believe I have to wait for another month to get any updates from the Sep visa bulletin or wait till same time next year since my PD is Mar-06.
Congrats to all to have received it and good luck to those who have become current !
TooClose,
Don't worry you will get it soon....!!
I'm waiting for these dates from long longgggggg time....:-((
Congrats to all to have received it and good luck to those who have become current !
TooClose,
Don't worry you will get it soon....!!
I'm waiting for these dates from long longgggggg time....:-((
more...
mmanurker
10-16 02:03 PM
Count me in EB3 - India PD: 12/2003
140: RD: March'23 2007 and pending......@ NSC
485/EAD/AP(for spouse and myself): RD: Aug'10th 2007 and ND: Oct4th 2007, case pending......@TSC
IV Contribution: $300
140: RD: March'23 2007 and pending......@ NSC
485/EAD/AP(for spouse and myself): RD: Aug'10th 2007 and ND: Oct4th 2007, case pending......@TSC
IV Contribution: $300
hot The Green Hornet (2011)
desi3933
01-30 02:35 PM
I dont get it, u r a EB3- india (ur profile says that) with SEp 05 PD and you got an RFE on 485? Cos, i know uscis did not even touch eb3 india with any PD of even 2002. something is not right?
Incorrect! This is just a myth. I-485 RFE can be issued and it can be denied when PD is not current.
Read on my post on same thread
http://immigrationvoice.org/forum/showpost.php?p=313977&postcount=14
Incorrect! This is just a myth. I-485 RFE can be issued and it can be denied when PD is not current.
Read on my post on same thread
http://immigrationvoice.org/forum/showpost.php?p=313977&postcount=14
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house The Green Hornet (#8, .
pcs
01-17 02:07 PM
I have seen IV grow from scratch & the progress is very impressive. We will get better response but we will not achieve any +ve results by calling people " beggars". I am sure, you said it out of frustation & may want Admin to delete your post, which has good intent but not so good language
Let us divide among ourselves & make 10 calls ( by each of us) to each individual, who has contributed in the past BUT has not signed for the monthly contribution..
I am quite sure, people, who contributed once will sign up once called by us.
My guess is .... we should be able to get 1000 contributing guys if we call these people.
Regards
Let us divide among ourselves & make 10 calls ( by each of us) to each individual, who has contributed in the past BUT has not signed for the monthly contribution..
I am quite sure, people, who contributed once will sign up once called by us.
My guess is .... we should be able to get 1000 contributing guys if we call these people.
Regards
tattoo hot The Green Hornet (2011)
bigboy007
06-11 12:20 PM
Everyone is again talking about ifs and buts. Guys why do not you put your hard work on what is more important than what is never ever going to happen. People with a GC, if this Bill passes, they are not going to renew your GC also. How's about that? People with a US citizenship, with previous GC status, they will not renew the USA passport, if this Bill passes. How's about that?
So forget all these bogus bills, and support our main agenda, which is to remove the Backlogs. If you do not have any new news, then sit idle, but please do not spread these bogus out-of-world stories.
Dude, we are not suggesting or even thinking that we should move away from main agenda, thats there and thats where IV advocacy days aimed at. Its part of the game. You cant sail the sea without winning over turbulences. these are not if and if nots.
Other If's you are trying to post are not in the works, if they are then its same path. You cant turn a blind eye to something that is already happening.
So forget all these bogus bills, and support our main agenda, which is to remove the Backlogs. If you do not have any new news, then sit idle, but please do not spread these bogus out-of-world stories.
Dude, we are not suggesting or even thinking that we should move away from main agenda, thats there and thats where IV advocacy days aimed at. Its part of the game. You cant sail the sea without winning over turbulences. these are not if and if nots.
Other If's you are trying to post are not in the works, if they are then its same path. You cant turn a blind eye to something that is already happening.
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zerozerozeven
03-09 12:17 PM
let the waiting start for the May bulletin....
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perm2gc
01-10 09:28 PM
http://chat.lawinfo.com/showthread.php/waiting_your_green-16034/index.html?p=28810#post28810
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kittu1991
03-17 01:56 PM
Thanks
Just commented on it since he has nothing better to do.
Just commented on it since he has nothing better to do.
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rpatel
07-24 02:38 PM
jc menon...have u ever taken a law class? do u have a jd? why are u then so adamant on thinking u "found" the loophole?
we are not stupid morons over here. Neither is the AILA/millions of lawyers that are associated with immigration law. Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog.
there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.
I dont think anyone should make this a personal issue and try to boast that he/she has complete understanding of the underlying issue while make it seem like everyone else is a buffon. The last thing we want here is people turning against each other and calling names....I can understand that in these trying times we all need some form of vindication to keep our self confidence high...but trying to put the other guy down is not going to get you any respect. Now that was the shrink in me...
I still say whats wrong is trying to get the procedure changed in a way that USCIS will accept I485 form (forget even the EAD) give you a receipt notice and only act on it once the visa number is available. They certainly seem to have some authority in making rules regarding how and when to accept form, as has been seen in early I129 acceptance and concurrent filing issues ?
we are not stupid morons over here. Neither is the AILA/millions of lawyers that are associated with immigration law. Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog.
there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.
I dont think anyone should make this a personal issue and try to boast that he/she has complete understanding of the underlying issue while make it seem like everyone else is a buffon. The last thing we want here is people turning against each other and calling names....I can understand that in these trying times we all need some form of vindication to keep our self confidence high...but trying to put the other guy down is not going to get you any respect. Now that was the shrink in me...
I still say whats wrong is trying to get the procedure changed in a way that USCIS will accept I485 form (forget even the EAD) give you a receipt notice and only act on it once the visa number is available. They certainly seem to have some authority in making rules regarding how and when to accept form, as has been seen in early I129 acceptance and concurrent filing issues ?
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Dakota Newfie
07-03 06:22 AM
...that the system is severely backlogged and needs repair but to say it is unfair to limit the number of immigrants from one country does not make sense. Removing the per country limit would allow one or two countries to dominate the EB system because their high populations allow them to produce more skilled labor. So removing the per country limit would remove the "bias" off these countries and move it to the ones with lower populations; so, in essence the discrimination would be reversed? Maybe a point-based system that incorporates a per country score would be better?
mygc2006
10-16 02:45 PM
PD is Aug 2002 / EB3 India / I 140 Approved / 485 Pending
GreenLantern
02-16 07:37 PM
Very nice. :thumb: :thumb: (Two thumbs up)