ravi2patel
07-24 02:38 PM
ashkam - Thanks alot for the info....my case is "If your job (description, location and salary) remains same or similar under the new company"...still i don't understand why my attorney says to start all over again.
I feel like packing up and go back home ...this country's immi system is all messed up...not sure i can mentally handle it anymore :(
I feel like packing up and go back home ...this country's immi system is all messed up...not sure i can mentally handle it anymore :(
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H1B-GC
02-16 10:26 AM
Well, i feel its more of a Policy decision.If they really want to do something fast they will do it anyhow.The best example is how this woman from canada i guess,who got US citizenship in 2 days,yes its right '2 days' so she can represent US in the ongoing Winter Olympics at Turin.
Even CA state used to abjudicate Labor cases in 1 Months Time back until 2000.Later on 0 approval cases from then on.Surprising??
Even CA state used to abjudicate Labor cases in 1 Months Time back until 2000.Later on 0 approval cases from then on.Surprising??
diptam
06-30 05:26 PM
Interestingly lot of folks like me are doing 485 on their own - because its NOT difficult. Its small Project and you have to get the Docs right and complete.
Regd - Lawyers dont really answer RFE - they ask us to give the piece of extra information and henceforth charge 3000-4000... Like if a RFE comes to me because i didn't submit W2 and Tax returns - I'll send that. What do i need a lawyer to send my W2's ?
So far as critical RFE's like Birth Certificate , Employment letter unsatisfactory they will straight away reject the case - No question of RFE an no need of
lawyer answering it.
I feel like lawyers are collectively spreading these rumours because they want peoples like me to feel scared with the overall tense environment so that they get more business !!
I mailed my case today June 30th and it should hit Lincoln, NE July 2nd
Since the Visa bulletion is still showing current i have a right to do that.
Hey can we sue these law firms who have spread the rumors, I could not sleep all night yesterday. Think about those who have not submitted the paperwork to their lawyer yet ....
I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....
Regd - Lawyers dont really answer RFE - they ask us to give the piece of extra information and henceforth charge 3000-4000... Like if a RFE comes to me because i didn't submit W2 and Tax returns - I'll send that. What do i need a lawyer to send my W2's ?
So far as critical RFE's like Birth Certificate , Employment letter unsatisfactory they will straight away reject the case - No question of RFE an no need of
lawyer answering it.
I feel like lawyers are collectively spreading these rumours because they want peoples like me to feel scared with the overall tense environment so that they get more business !!
I mailed my case today June 30th and it should hit Lincoln, NE July 2nd
Since the Visa bulletion is still showing current i have a right to do that.
Hey can we sue these law firms who have spread the rumors, I could not sleep all night yesterday. Think about those who have not submitted the paperwork to their lawyer yet ....
I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....
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aarbi
08-01 11:15 PM
nope... I have my receipt notice that has June 11th on it, but the only system says July 3rd, which is the day they sent my notice :)
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tabletpc
10-17 02:14 PM
Surabhi,
Thanks for the detailed response...greatly apprecite it...!!!
These are all tax terms on which the contract is signed
Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2
Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.
Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.
Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.
If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.
If you use EAD, its debatabe whether you can be on 1099.
Being on W-2 contract, you should still ensure your job conforms to AC-21
Thanks for the detailed response...greatly apprecite it...!!!
These are all tax terms on which the contract is signed
Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2
Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.
Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.
Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.
If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.
If you use EAD, its debatabe whether you can be on 1099.
Being on W-2 contract, you should still ensure your job conforms to AC-21
mkiv
05-21 12:34 PM
You must send the letter from your original employer if you have not used AC21.
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uma78
04-24 10:44 AM
please correct me if i am wrong, this seems to happen on:
Wednesday 04/30/2008 - 2:00 PM
2141 Rayburn House Office Building
Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
Hearing on Wasted Visas, Growing Backlogs
Uma
Wednesday 04/30/2008 - 2:00 PM
2141 Rayburn House Office Building
Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
Hearing on Wasted Visas, Growing Backlogs
Uma
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amsgc
06-30 07:26 PM
I like this thread - positive, reasonable, and makes sense.
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frostrated
07-06 03:33 PM
Using AP does not change one's immigration status. It is just a travel document. You will continue to maintain your H1-B even if you use the AP to re-enter.
Using AP has no relation to using EAD. I have confirmed this with my attorney as well.
you might want to check that yourself. From what I know, your status when you enter on AP is no longer valid. Your I-94 that you receive will reflect the status you are allowed into the country. To work in H1B status, you will either need to enter in H1 status, or adjust your status to that of H1B. Dont make a wrong move and start accuring time for working without authorization. work without authorization is grounds for deporting.
Using AP has no relation to using EAD. I have confirmed this with my attorney as well.
you might want to check that yourself. From what I know, your status when you enter on AP is no longer valid. Your I-94 that you receive will reflect the status you are allowed into the country. To work in H1B status, you will either need to enter in H1 status, or adjust your status to that of H1B. Dont make a wrong move and start accuring time for working without authorization. work without authorization is grounds for deporting.
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Milind123
07-27 12:31 PM
Instead of starting a new thread. I would appreciate if someone answers a few questions regarding Check details that we send out to USCIS.
Went to lawyers office last week and signed all the applications. I made out onc check in the amount of $745 ($395 I-485 + $170 I-131 (AP) + $180 I-765 (EAD)) Payble to U.S Citizenship and Immigration Service. Now when I see the forms online it says the checks should be payable to Department of Homeland Security. Should I ask the lawyer to hold on to the application and send new checks.
Also , should I write three separate checks for $395 $170 $180. Just to make sure if there is an error in say Advanced payroll application, USCIS will keep the two check and send me back the Advanced Parol application.
Went to lawyers office last week and signed all the applications. I made out onc check in the amount of $745 ($395 I-485 + $170 I-131 (AP) + $180 I-765 (EAD)) Payble to U.S Citizenship and Immigration Service. Now when I see the forms online it says the checks should be payable to Department of Homeland Security. Should I ask the lawyer to hold on to the application and send new checks.
Also , should I write three separate checks for $395 $170 $180. Just to make sure if there is an error in say Advanced payroll application, USCIS will keep the two check and send me back the Advanced Parol application.
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glus
01-03 11:03 AM
Going to school itself will not have any effect on your H-1B status. If you stop working for the H1b employer, then your H-1B status is gone. If you have EAD, you can continue working for anyone else. This has no effect on GC processing, as long as you can show that there is the same or similar position for you when they adjudicate your i485. I assume your 485 has been pending for more than 180days and that your I140 is approved. Your new employer, if you leave h-1b, will need to produce a letter that he has a position that is similar in title and duties to the orginal sponsor's position. Only with such a proof your GC can be approved later on. Keep in mind you must keep EAD always if you leave your H-1B employer.
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ski_dude12
07-16 09:33 AM
see Greg Siskind's blog :
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:
- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack
One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
Please change the misleading title. Already lot of people are frustrated with this flip-flop and posting something with a misleading title will make things worse.
Thanks,
-Ski
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:
- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack
One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
Please change the misleading title. Already lot of people are frustrated with this flip-flop and posting something with a misleading title will make things worse.
Thanks,
-Ski
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sparky_jones
04-01 04:10 PM
I also got an sudden status update on Jan 7, 2008 that a notice was returned undeliverable on Nov 5, 2007. There was not status update before that. I took an InfoPass appoitnment. The agent at the appointment told me that everything looked fine on my case and she couldn't tell why my online status indicated that something was returned.
I would say...don't bother about it...but if you really want to be sure, take an InfoPass appoinment and check it out.
I would say...don't bother about it...but if you really want to be sure, take an InfoPass appoinment and check it out.
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vin13
08-24 11:40 AM
I had 485 interview a month back (previously at the national benefits center) at the local USCIS office. The interview went fine except that they gave me an RFE asking for additional documents verifying employment. Since then I submited documents to the local office a 3 weeks back. Today my supervisor got a call from USCIS Anti Fraud Detection (homeland security) and they left a voice mail that they need to verify my immigration status.
Is this normal? Is there something i need to worry about?
My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status
My supervisor called back but went to voicemail and left a general message
I have been hearing of more verifications of this kind. But if your records are straightforward, you should not worry. Make sure your immigration attorney is in the loop.
Just wondering what could have triggered this inquiry. Could you give some insight to whether you are working for a small company, consulting, etc that you believe could be a possible reason. Maybe it is just a random pick...
Is this normal? Is there something i need to worry about?
My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status
My supervisor called back but went to voicemail and left a general message
I have been hearing of more verifications of this kind. But if your records are straightforward, you should not worry. Make sure your immigration attorney is in the loop.
Just wondering what could have triggered this inquiry. Could you give some insight to whether you are working for a small company, consulting, etc that you believe could be a possible reason. Maybe it is just a random pick...
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Lasantha
03-24 03:17 PM
LOL - Yeah, you better grow a beard, cross the border and move to Mexico. You have been identified as a bad boy in these parts! :cool:
I am exposed now.
I am exposed now.
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mundada
11-25 11:50 AM
As per the lawyers I got advice from
1> F1 is non-immigrant visa unlike H1B which is dual intent visa.
2> There is very high likelihood of F1 getting rejected at embassy because I have already shown my intent to immigrate by applying for GC. Hence, they suggested I will have to change status to F1 in the US and not leave the US till I complete education and join another firm on H1B. I decided not to go this path because I go to India almost every year.
3> For reason stated in <1>, I cannot maintain both F1 and GC application. They suggested that I might slip through if I don't get RFE. However, chances of RFE are high when I would be renewing my EAD at the end of 1 year or dates become current as actually happened in July 07. I am happy I did not go this route.
4> For reason stated in <1>, I can however maintain both H1B and GC. This means if my company agrees to maintain my H1B and GC, I can take unpaid vacation and go to school full-time. I can then come back at the end of semester and work for the company during winter or summer and return to school full-time. I did not think this was feasible.
I will be completing my "part-time" MBA in May 08 because of the same reason. I have put part-time in quotes because many of my friends finished in 2 years and I will be finishing in two and half years.
Finally, the above is my personal opinion and experience and I am not a qualified lawyer. Please consult a qualified lawyer about your particular case.
1> F1 is non-immigrant visa unlike H1B which is dual intent visa.
2> There is very high likelihood of F1 getting rejected at embassy because I have already shown my intent to immigrate by applying for GC. Hence, they suggested I will have to change status to F1 in the US and not leave the US till I complete education and join another firm on H1B. I decided not to go this path because I go to India almost every year.
3> For reason stated in <1>, I cannot maintain both F1 and GC application. They suggested that I might slip through if I don't get RFE. However, chances of RFE are high when I would be renewing my EAD at the end of 1 year or dates become current as actually happened in July 07. I am happy I did not go this route.
4> For reason stated in <1>, I can however maintain both H1B and GC. This means if my company agrees to maintain my H1B and GC, I can take unpaid vacation and go to school full-time. I can then come back at the end of semester and work for the company during winter or summer and return to school full-time. I did not think this was feasible.
I will be completing my "part-time" MBA in May 08 because of the same reason. I have put part-time in quotes because many of my friends finished in 2 years and I will be finishing in two and half years.
Finally, the above is my personal opinion and experience and I am not a qualified lawyer. Please consult a qualified lawyer about your particular case.
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webm
05-29 03:47 PM
I didn't file G-28 form since I was filing myself. Isn't G-28 only required if some one else is representing you?
I've got the receipt notices for EAD as well. Will see what happens next.
In this case you don't need G-28.
I've got the receipt notices for EAD as well. Will see what happens next.
In this case you don't need G-28.
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abhisam
07-09 06:31 PM
You said your employer is agreable, in that case, If you did not get your EAD before your current EAD expires, you can choose to work for free for those days and try to get paid for it after your EAD comes in effect.
Or even if you don't get paid for it, you are building some good will and you are not jeopardizing your job. It will definitely keep you in the good books of this employer.
Yes Augustus, thats a good idea. my employer will understand and I will continue to work. but will ask him not to pay me for the duration.
Or even if you don't get paid for it, you are building some good will and you are not jeopardizing your job. It will definitely keep you in the good books of this employer.
Yes Augustus, thats a good idea. my employer will understand and I will continue to work. but will ask him not to pay me for the duration.
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go_guy123
04-18 07:38 AM
This is a cherry picked writeup to some extent. But ofcourse there is competetion from other parts of the world.
"The EIU's analysis also weighed the quality of a nation's technology infrastructure, measuring the number of PCs per 100 people, market spending on IT hardware per 100 people, the availability of secure Internet servers per 100,000 people, and the percentage of the population with high-speed Internet access. Switzerland, ranked 11th overall, outscored the U.S. on IT infrastructure, which accounted for 20% of a country's score. The study also assessed the openness of a country's economy and the quality of government leadership on technology issues.
"
Countries in Europe are small countrries with far less population so these statistics are not exactly comparable.
"The U.S. also lags countries including Canada, Singapore, Britain, and Norway in support for IT development, which accounted for 15% of the overall score. This category covers such things as e-government initiatives, government spending on IT hardware, and access to financing.
"
US lags Canada....this statement is a joke. Canada is a vey low tech country. Close to 50% of the economy is due to mining etc Canada is a classic banana republic.
"The EIU's analysis also weighed the quality of a nation's technology infrastructure, measuring the number of PCs per 100 people, market spending on IT hardware per 100 people, the availability of secure Internet servers per 100,000 people, and the percentage of the population with high-speed Internet access. Switzerland, ranked 11th overall, outscored the U.S. on IT infrastructure, which accounted for 20% of a country's score. The study also assessed the openness of a country's economy and the quality of government leadership on technology issues.
"
Countries in Europe are small countrries with far less population so these statistics are not exactly comparable.
"The U.S. also lags countries including Canada, Singapore, Britain, and Norway in support for IT development, which accounted for 15% of the overall score. This category covers such things as e-government initiatives, government spending on IT hardware, and access to financing.
"
US lags Canada....this statement is a joke. Canada is a vey low tech country. Close to 50% of the economy is due to mining etc Canada is a classic banana republic.
drona
07-12 02:49 PM
But won't we have right to contribute once we get our green cards. The sooner the better then?
paragpujara
12-21 07:46 PM
Refer to USCIS guide lines regarding AC 21. Hope this helps.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
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