USDream2Dust
04-09 12:38 PM
Ok disclaimer first. I do work directly with employer and not a consultant.
I think there is an ongoing debate over it whether consultant companies should be allowed for H1b's and green cards or not. Let me be very honest. There are so many US employers who do not want to get into mess of H1b's but still want talent. These desi or videsi consultant firms feed on them and people like you and me searching for jobs. It is generated out of necessity on both ends.
There are some very very big consulting firms too and not to Mom and Pop Desi shops.
I feel for both sides and the real problem is to have multiple H1's and H1b's sitting on bench which is even worst. So either they hire and pay and make their responsibility to find job or don't file for H1b's
USDream2dust
I think there is an ongoing debate over it whether consultant companies should be allowed for H1b's and green cards or not. Let me be very honest. There are so many US employers who do not want to get into mess of H1b's but still want talent. These desi or videsi consultant firms feed on them and people like you and me searching for jobs. It is generated out of necessity on both ends.
There are some very very big consulting firms too and not to Mom and Pop Desi shops.
I feel for both sides and the real problem is to have multiple H1's and H1b's sitting on bench which is even worst. So either they hire and pay and make their responsibility to find job or don't file for H1b's
USDream2dust
wallpaper Madaraphotobucket picture, this photo was to create naruto naruto
desi3933
08-10 06:50 AM
Questions for everyone to research and post the answers------
........
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
........
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
kaisersose
06-05 02:44 PM
Keep in mind that it is higly likely that DOS has changed its strategy of releasing visa numbers starting this year. Previously, they would release numbers per quarter. But this time, from all accounts it appears they have moved away from that model to improve USCIS efficiency. They may have released almost all of the annual quota by now.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
Check the Feb 2007 visa bulletin where they made EB2 India Unavailable as the annual quota was over. It came back again only because there was spillover from ROW.
Based on this, it is very unlikely that there will be much forward movement in July.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
Check the Feb 2007 visa bulletin where they made EB2 India Unavailable as the annual quota was over. It came back again only because there was spillover from ROW.
Based on this, it is very unlikely that there will be much forward movement in July.
2011 Naruto
Gravitation
04-13 11:32 AM
May Visa Bulletin is out. EB3 ROW and Philippines seem to have moved by 1 year.
Even bigger news is that "Other Workers" have become Unavailable for the whole world.
It furthers strengthens the theory that good number of 245i's are EW category and not in the regular EB3 category.
This hypothesis is further supported by the fact that all EB3 dates have been sustained above May 1st for a few months now.
Even bigger news is that "Other Workers" have become Unavailable for the whole world.
It furthers strengthens the theory that good number of 245i's are EW category and not in the regular EB3 category.
This hypothesis is further supported by the fact that all EB3 dates have been sustained above May 1st for a few months now.
more...
number30
04-09 02:37 PM
Filing Fee is not enclosed as it is USCIS service error.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).
Problem with not including filing fee is you do not get the receipt or receipt number, Hence difficult to track.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).
Problem with not including filing fee is you do not get the receipt or receipt number, Hence difficult to track.
abracadabra102
12-05 06:06 PM
Does any body think of people who did not get a chance to file I-485 who had earlier priority date(2002-mar 2005) ?
Nag, you mentioned in one of the posts that your wife has a PhD in CSE. Why can't she join a university as a Post doctoral fellow (PDF)? I do not know what type of work authorization is required for that, but my guess is she can easily get it. She gets paid and will have a chance to apply under EB1 category which is almost always current. You can file as dependent. No point whining about folks discussing their EAD/AP issues. Everyone knows BEC guys got a short shrift in this.
Nag, you mentioned in one of the posts that your wife has a PhD in CSE. Why can't she join a university as a Post doctoral fellow (PDF)? I do not know what type of work authorization is required for that, but my guess is she can easily get it. She gets paid and will have a chance to apply under EB1 category which is almost always current. You can file as dependent. No point whining about folks discussing their EAD/AP issues. Everyone knows BEC guys got a short shrift in this.
more...
bajrangbali
05-18 09:26 PM
For a moment, leave the IIT/merit/experience arguments aside...fact is US graduate schools get taxpayer funds...and one way or other students graduating in US get benefit from those taxes. Senators do not want their tax $$ investments to leave the country...that only is the reason they did something for US graduates in H1...this separate quota may or may not fly...as there is no direct benefit for US...stay on H1B and pay taxes good for usa :cool:
2010 Por tobi really olaraknaruto
kate123
02-12 08:48 AM
Exactly Same thing happened to me last year..
I Complain to IRS and they issued me W2 with in 3 days...
Dont worry you will be alright.. Go ahead and complain to IRS...
Hi
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
I Complain to IRS and they issued me W2 with in 3 days...
Dont worry you will be alright.. Go ahead and complain to IRS...
Hi
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
more...
aj_jadeja
04-01 07:20 PM
done . Sent 2 faxes.
aj
aj
hair thing with Uchiha Madara,
bujjigadu123
02-21 01:34 AM
That is what surprising to me. I searched for similar experience in all the forums but could not get any matching results. This is what bothering me. Why me (only)???
more...
pete
12-13 04:12 PM
What makes you this guys advocate?
A lot of us can do and will do many things. Your argument does not stand ground. I dont ahave anything against this guy. I have a problem with the system that permits this activity. Because its not fair. By the way I seriously doubt this happens to people in my situation. This is typical of "desi consultant companies". So once again pontiff i dont have a grudge against this guy but the system that allows this to take place.
A lot of us can do and will do many things. Your argument does not stand ground. I dont ahave anything against this guy. I have a problem with the system that permits this activity. Because its not fair. By the way I seriously doubt this happens to people in my situation. This is typical of "desi consultant companies". So once again pontiff i dont have a grudge against this guy but the system that allows this to take place.
hot naruto and share Rasengan
bomber
08-08 06:46 PM
Does that mean 180 after the I140 is approved or 180 after the RN of the I485 as long as the I140 is approved? (Even if it has been approved for only 2 months)
You are right...
180 after the RN of the I485 as long as the I140 is approved Even if it has been approved for only 2 months or days!
You are right...
180 after the RN of the I485 as long as the I140 is approved Even if it has been approved for only 2 months or days!
more...
house naruto shippuden sakura
meridiani.planum
07-19 07:16 PM
1.Apply for new H1 petition(premium processing) for you before July 31.
2.On approval send the H1 papers to your wife so that she can get H4.
3. On her entry to USA apply for her I-485.
Then you can live happily together in america.
P.S: Even when you have used AC21, in hindsight you should have got H1B instead of using EAD.
this is a good response, seconding it.
To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife? B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.
If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.
Also, using cruel in the thread title is uncalled for. The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?
2.On approval send the H1 papers to your wife so that she can get H4.
3. On her entry to USA apply for her I-485.
Then you can live happily together in america.
P.S: Even when you have used AC21, in hindsight you should have got H1B instead of using EAD.
this is a good response, seconding it.
To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife? B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.
If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.
Also, using cruel in the thread title is uncalled for. The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?
tattoo MADARA; naruto shippuden
Libra
07-06 04:10 PM
Any brilliant idea from your side....:D
of being a WHITE KISS ARCE
STUPIDITY
LOVE BEING A SUBMISSIVE SLAVE
so much for a free modern world...bbbrrrrrrrrrrrr
off to India ..no more pepsi, coke jeans for me ...the real GANDHIGIRI is wear home made khadi clothes....hit them where it hurts and that is MONEY
HELP LOCAL INDIAN ENTERPRENEURS ..SENDING FLOWERS is really cheesy and idiotic ..who came up with this stupid idea???
of being a WHITE KISS ARCE
STUPIDITY
LOVE BEING A SUBMISSIVE SLAVE
so much for a free modern world...bbbrrrrrrrrrrrr
off to India ..no more pepsi, coke jeans for me ...the real GANDHIGIRI is wear home made khadi clothes....hit them where it hurts and that is MONEY
HELP LOCAL INDIAN ENTERPRENEURS ..SENDING FLOWERS is really cheesy and idiotic ..who came up with this stupid idea???
more...
pictures Naruto+madara+uchiha+tobi
vkraman7
02-12 05:09 PM
First thing is that your employer most likely will not send you a legal notice, as it would cause significant time and money for his already depleted financial resources. Even if he does, if such a legal notice is in an email, just ignore it. DO NOT RESPOND.
If it is in your regular mail/UPS/FED EX/Certified mail (most likely), you should consult your new company's attorney and seek legal help. In any case, as long as you have all your eggs in order, you will be fine.
May God be with (and only with) your good intentions.
If it is in your regular mail/UPS/FED EX/Certified mail (most likely), you should consult your new company's attorney and seek legal help. In any case, as long as you have all your eggs in order, you will be fine.
May God be with (and only with) your good intentions.
dresses wallpaper Madara Uchiha
aquarianf
07-19 09:58 AM
My spouse is landing here on Aug 15. That leaves only one day to get medicals done. Any suggestions on how to handle this ? Can she skip skin test and take X-rays directly ?
If you talk to your medical office in advance to see that if they can give report in one day then it could be possible. Also you may consider your wife to get all vaccination in advance from the place where she is staying currently. Can't she prepone her trip by 1-2 days?
If you talk to your medical office in advance to see that if they can give report in one day then it could be possible. Also you may consider your wife to get all vaccination in advance from the place where she is staying currently. Can't she prepone her trip by 1-2 days?
more...
makeup by animepapertoys middot; MADARA
dvrao4
11-20 08:07 AM
got EAD, AP and I-140 approved july, 06 still waiting for FP. no SR yet
girlfriend THIS HERE IS ITACHI UCHIHA
lccleared
04-01 08:10 PM
Just sent #11 fax too
hairstyles Obito Uchiha manga series
sat
08-08 09:59 PM
what to do?
chanduv23
10-26 05:17 PM
Another news making. Advice to all of Youngster Indians and Indians here by the India's outsourcing chop shop IT messihah Infosys Chief.
Don't look at IT industry as means to settle abroad: Narayana Murthy - The Economic Times (http://economictimes.indiatimes.com/tech/ites/Dont-look-at-IT-industry-as-means-to-settle-abroad-Murthy/articleshow/6815589.cms)
Well, what is the point in saying it now, he should have said it in the 90s and early 2000 when industry was booming and people found a career path in coming to the US.
Right now, so much work is outsourced and it is continuing. Very difficult to get a IT job in US on h1b and IT consulting on h1b also facing so many hurdles. For any new immigrant on a software job who wants to get a h1b visa and green card - it is not an easy task.
Don't look at IT industry as means to settle abroad: Narayana Murthy - The Economic Times (http://economictimes.indiatimes.com/tech/ites/Dont-look-at-IT-industry-as-means-to-settle-abroad-Murthy/articleshow/6815589.cms)
Well, what is the point in saying it now, he should have said it in the 90s and early 2000 when industry was booming and people found a career path in coming to the US.
Right now, so much work is outsourced and it is continuing. Very difficult to get a IT job in US on h1b and IT consulting on h1b also facing so many hurdles. For any new immigrant on a software job who wants to get a h1b visa and green card - it is not an easy task.
ramus
06-27 10:43 AM
I will say we should just ban this guy.. What he says does't make any sense..
rajakannan, can you please contribute to IV.. Let me know what is your thought on this.
rajakannan, can you please contribute to IV.. Let me know what is your thought on this.
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